No. 90

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Thursday, November 30, 2006.

10:00a.m.

The Senate was called to order by the President pro tempore, Senator Patricia L. Birkholz.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Allen--present Garcia--present Patterson--present

Barcia--present George--present Prusi--present

Basham--present Gilbert--present Sanborn--excused

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 Whitmer--present

Emerson--present Olshove--present

Pastor Rob Corbin of West Rome Baptist Church of Manitou Beach offered the following invocation:

Our Father, we want to pause in these moments and acknowledge who You are. As Your word says in Isaiah, You are the one who sits enthroned above the circle of the earth and its inhabitants are like grasshoppers.

You are the one who stretches out the heavens like a curtain. Before You the nations are as a drop in the bucket. They are like a speck of dust on the scales. You are the one who reduces rulers to nothing, who makes the judges of the earth meaningless.

When You challenge us with a question in Your word--to whom then will You liken me that I should be his equal--we have to humbly respond and say, Lord, there is none like You.

You are God; we are not. You are the Creator; we the creatures. You are the potter; we are the clay. Help us to remember who You are, and in so doing, to remember who we are before You.

We thank You for Your mercy and grace upon us and upon our nation. We thank You for Your goodness to us. I ask now that You bless this body with wisdom from on high; that You would help these men and women to work together. Give them joy as they serve us, the people of this state. Lead them in their deliberations this day, I pray.

In the name of Jesus Christ my Lord. Amen.

The President pro tempore, Senator Birkholz, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

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

Senate Bill No.246

Senate Bill No.1242

The motion prevailed.

Senators Leland and Scott entered the Senate Chamber.

Senator Hammerstrom moved that Senator Garcia be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that Senator Sanborn be excused from today's session.

The motion prevailed.

Senator Johnson entered the Senate Chamber.

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No.309

Senate Bill No.123

Senate Bill No.124

Senate Bill No.186

Senate Bill No.361

Senate Bill No.1418

Senate Bill No.1419

Senate Bill No.1420

Senate Bill No.1421

Senate Bill No.1422

Senate Bill No.1423

Senate Bill No.1424

Senate Bill No.1481

Senate Bill No.1495

Senate Bill No.1292

Senate Bill No.1500

Senate Bill No.1501

Senate Bill No.1353

Senate Bill No.1354

Senate Bill No.1208

Senate Bill No.1499

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

Senator Hammerstrom moved that rule 3.901 be suspended to allow video taping to be taken from the Senate Gallery.

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

The following communication was received and read:

Office of the Senate Majority Leader

November 28, 2006

Pursuant to MCL 324.21562(2)(c), I am appointing the following people to the Temporary Reimbursement Program Advisory Board:

Mr.Kenneth W. Vermeulen

Warner Norcross and Judd

900 Fifth Third Center

111 Lyon Street, N.W.

Grand Rapids, MI 49503-2487

Mr.Jerry Hop

J&H Oil Co.

P.O. Box 9464

Wyoming, MI 49509

I believe these men have excellent credentials and will effectively serve the people of Michigan.

Respectfully,

Ken Sikkema

Senate Majority Leader

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 29:

House Bill Nos. 4119 4636 4641 4806 5657 5658 5838 6030 6308 6309 6315 6320 6321 6449 6603 6631 6632 6640

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, November 30:

House Bill No. 6245

The Secretary announced that the following official bills were printed on Wednesday, November 29, and are available at the legislative website:

Senate Bill Nos. 1502 1503 1504 1505 1506 1507 1508 1509 1510

The Secretary announced that the following official bills were printed on Thursday, November 30, and are available at the legislative website:

Senate Bill Nos. 1511 1512

Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Whitmer 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 10:10a.m.

11:28a.m.

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

During the recess, Senator Whitmer introduced the Haslett High School Boys Varsity Golf Team, 2006 Capital Area Activities Conference Division 3 State Champions, and Coach Bill Mory, and presented them with a Special Tribute.

During the recess, Senator Garcia entered the Senate Chamber.

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.1128

The motion prevailed.

Senate Bill No.1328, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.

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

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

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

The Senate agreed to the full title.

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

The House of Representatives requested the return of

Senate Bill No.640, entitled

A bill to permit the establishment and maintenance of individual or family development accounts; to provide for certain tax deductions and tax credits; to prescribe the requirements of and restrictions on individual or family development accounts; to provide for the promulgation of rules; and to provide penalties and remedies.

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

The motion prevailed.

Senate Bill No.1004, 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 27a (MCL 211.27a), as amended by 2006 PA 378.

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.736 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George Leland Switalski

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Clark-Coleman

Nays--0

Excused--1

Sanborn

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.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Birkholz, designated Senator Allen 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 without amendment, the following bills:

House Bill No.5682, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," by amending section 98 (MCL 250.1098), as added by 2005 PA 258.

House Bill No.5961, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 685 (MCL 257.685), as amended by 2006 PA 14.

House Bill No.6075, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 184 (MCL 259.184), as amended by 1996 PA 370.

House Bill No.6186, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.

House Bill No.5580, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 24c and 24d (MCL 168.24c and 168.24d).

Senate Bill No.1418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16909 (MCL 324.16901 and 324.16909), as amended by 2002 PA 496.

Senate Bill No.1419, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16902 (MCL 324.16902), as amended by 2002 PA 496.

Senate Bill No.1420, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903 (MCL 324.16903), as amended by 2002 PA 496.

Senate Bill No.1421, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903b (MCL 324.16903b), as added by 2002 PA 496.

Senate Bill No.1423, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16911.

Senate Bill No.1424, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2005 PA 179.

Senate Bill No.1208, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 2002 PA 471.

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.1427, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as added by 2006 PA 123.

Substitute (S-4).

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

1. Amend page 6, line 23, by striking out "consisting of" and inserting "THAT INCLUDES AT LEAST".

2. Amend page 11, line 4, by striking out "CONSISTING OF" and inserting "THAT INCLUDES AT LEAST".

3. Amend page 13, line 4, by striking out "CONSISTING OF" and inserting "THAT INCLUDES AT LEAST".

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

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

House Bill No.4796, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17 of chapter VI (MCL 766.1, 766.4, 766.5, 766.6, 766.7, 766.8, 766.9, 766.10, 766.11, 766.13, 766.14, 766.15, 766.16, and 766.17), section 4 as amended by 1994 PA 167, section 9 as amended by 1988 PA 106, and section 14 as amended by 1998 PA 520.

Substitute (S-4).

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

1. Amend page 13, line 22, after "further" by striking out "examination" and inserting "HEARING".

2. Amend page 14, line 4, after the first "the" by striking out "examination" and inserting "HEARING".

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

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

House Bill No.4800, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8311 (MCL 600.8311).

Substitute (S-4).

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.5661, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2111a.

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.6310, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1075.

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 amendment, the following bill:

House Bill No.5704, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 312 and 646a (MCL 168.312 and 168.646a), section 312 as amended by 2005 PA 71 and section 646a as amended by 2004 PA 295.

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

1. Amend page 3, line 24, after "effect" by striking out the balance of the enacting section and inserting "May 14, 2007.".

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

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

Senate Bill No.309, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 11 (MCL 445.71) and by adding section 12.

Substitute (S-5).

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.123, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17204.

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.124, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 172 and section 17201 (MCL 324.17201), as added by 2002 PA 578, and by adding section 17205.

Substitute (S-4).

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.186, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 172 and sections 17201, 17202, and 17203 (MCL 324.17201, 324.17202, and 324.17203), as added by 2002 PA 578, and by adding section 17206.

Substitute (S-5).

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 amendment, the following bill:

Senate Bill No.1422, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16908 (MCL 324.16908), as amended by 2002 PA 496.

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

1. Amend page 3, line 2, after "16908B." by inserting "BEFORE MAKING A GRANT UNDER THIS SUBDIVISION, THE DEPARTMENT SHALL CONSIDER THE EXTENT TO WHICH THE MAKING OF THE GRANT WOULD CONTRIBUTE TO THE ACHIEVEMENT OF A BALANCED DISTRIBUTION OF GRANTS UNDER THIS SUBDIVISION THROUGHOUT THE STATE.".

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

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

Senate Bill No.1481, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), as amended by 2006 PA 275.

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.1495, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 2006 PA 316.

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.1292, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 3, 7, 10, 11, 14, 15, and 17 of chapter XII (MCL 712.1, 712.3, 712.7, 712.10, 712.11, 712.14, 712.15, and 712.17), sections 1, 7, 10, 11, 14, 15, and 17 as added by 2000 PA 232 and section 3 as amended by 2002 PA 688, and by adding section 2a to chapter XII; 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 a substitute therefor, the following bill:

Senate Bill No.1353, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2681.

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.1354, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.

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.1499, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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.4481, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 759a (MCL 168.759a), as amended by 1999 PA 216; 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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No.1427

Senate Bill No.309

Senate Bill No.123

Senate Bill No.124

Senate Bill No.186

Senate Bill No.1418

Senate Bill No.1419

Senate Bill No.1420

Senate Bill No.1421

Senate Bill No.1422

Senate Bill No.1423

Senate Bill No.1424

Senate Bill No.1481

Senate Bill No.1495

Senate Bill No.1292

Senate Bill No.1353

Senate Bill No.1354

Senate Bill No.1208

Senate Bill No.1499

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

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

Senate Bill No.1467

Senate Bill No.1427

Senate Bill No.309

Senate Bill No.123

Senate Bill No.124

Senate Bill No.186

Senate Bill No.1418

Senate Bill No.1419

Senate Bill No.1420

Senate Bill No.1421

Senate Bill No.1422

Senate Bill No.1423

Senate Bill No.1424

Senate Bill No.1481

Senate Bill No.1495

Senate Bill No.1292

Senate Bill No.1353

Senate Bill No.1354

Senate Bill No.1208

Senate Bill No.1499

The motion prevailed.

The following bill was read a third time:

Senate Bill No.1467, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2005 PA 187.

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.737 Yeas--35

Allen Clark-Coleman Jelinek Scott

Barcia Clarke Johnson Sikkema

Basham Cropsey Kuipers Stamas

Birkholz Garcia Leland Switalski

Bishop George McManus Thomas

Brater Gilbert Olshove Toy

Brown Goschka Patterson Van Woerkom

Cassis Hardiman Prusi Whitmer

Cherry Jacobs Schauer

Nays--0

Excused--1

Sanborn

Not Voting--2

Emerson Hammerstrom

In The Chair: Birkholz

The Senate agreed to the title of the bill.

Senator Cropsey moved that Senator Hammerstrom be excused from the balance of today's session.

The motion prevailed.

The following bill was read a third time:

Senate Bill No.1427, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278b (MCL 380.1278b), as added by 2006 PA 123.

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.738 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.309, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending the title and section 3 (MCL 445.63) and by adding sections 12, 12a, and 12b.

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.739 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.123, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17204.

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.740 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.124, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 17205.

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.741 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.186, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 17201 (MCL 324.17201), as added by 2002 PA 578, and by adding section 17206.

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.742 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16909 (MCL 324.16901 and 324.16909), as amended by 2002 PA 496.

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.743 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1419, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16902 (MCL 324.16902), as amended by 2002 PA 496.

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.744 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1420, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903 (MCL 324.16903), as amended by 2002 PA 496.

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.745 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1421, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903b (MCL 324.16903b), as added by 2002 PA 496.

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.746 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1422, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16908 (MCL 324.16908), as amended by 2002 PA 496.

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.747 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1423, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16911.

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.748 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1424, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2005 PA 179.

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.749 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1481, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30104,30105, and 30107 (MCL 324.30104, 324.30105, and 324.30107), sections 30104 and 30105 as amended by 2006 PA 275 and section 30107 as added by 1995 PA 59.

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.750 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1495, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 2006 PA 316.

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.751 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1292, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 3, 7, 10, 11, 15, and 17 of chapter XII (MCL 712.1, 712.3, 712.7, 712.10, 712.11, 712.15, and 712.17), sections 1, 7, 10, 11, 15, and 17 as added by 2000 PA 232 and section 3 as amended by 2002 PA 688, and by adding section 2a to chapter XII; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No.752 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1353, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2681.

The question being on the passage of the bill,

Senator Whitmer offered the following amendment:

1. Amend page 2, line 6, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No.6291.

(b) Senate Bill No.1345.".

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Schauer requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.753 Yeas--14

Brater Emerson Prusi Switalski

Cherry Jacobs Schauer Thomas

Clark-Coleman Johnson Scott Whitmer

Clarke Leland

Nays--21

Allen Cropsey Hardiman Patterson

Barcia Garcia Jelinek Sikkema

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Toy

Brown Goschka Olshove Van Woerkom

Cassis

Excused--2

Hammerstrom Sanborn

Not Voting--1

Basham

In The Chair: Birkholz

Protests

Senators Toy, Cropsey and Goschka, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Whitmer to Senate Bill No.1353 and moved that the statements they made during the discussion of the amendment be printed as their reasons for voting "no."

The motion prevailed.

Senator Toy's statement is as follows:

I rise just to ask members to oppose this amendment. I think that the member from East Lansing needs to bring forward her legislation in a timely manner. I appreciate her comments, and I agree with some of her comments. In fact, I happen to be diabetic and there is nothing better I'd like to do than to get rid of this disease.

But right now today, this is a starting point as I see it, and as we do legislation in this body, there are a lot of times we start with various bills and it could lead to other bills. I think that openness does exist on this issue. I think today we have a great starting point. It is called the cord blood and that is today what we are dealing with. We can work on other bills. We can work on other things, but for now, I think when you got the votes, you can put them down the middle of the street, as we all know. So let's put our votes down the middle of the street, make this our starting point, and then move on from there.

Senator Cropsey's statement is as follows:

You know, it's very interesting when you start talking about stem cell research and adult stem cell versus embryonic stem cell. People want diseases cured. I mean, it's just very pragmatic they want diseases cured.

At this point, 70 diseases are now treatable or cured through adult stem cells. Not one is done by embryonic stem cell. The fact is when they are doing this type of research on the few lines they are able to do it on, they keep finding that there are horrific problems that keep coming up.

Usually, you try and have the money go--you try and have the research done on the areas that are most promising. The adult stem cells are not anything in which you have moral or ethical problems with--that I know that anybody has problems with that. Obviously, that is where we are finding the cures coming from--is from the adult stem cells. And why people keep harping on the embryonic stem cells when we haven't had one cure and where we have terrific moral and ethical problems is just beyond me.

And I don't know why an amendment would be offered to this legislation trying to kill this legislation when this legislation obviously needs to go forward.

I think the Senator from the 6th District had it right. Don't adopt this amendment that adds all these controversies that is trying to inject into this argument of embryonic stem cells when they have not shown. They've tried to say, oh, there's a huge promise out there. It's one thing to have a promise out there; it's another thing to show results. There haven't been any results from that.

Why don't we just keep it like it is? Pass this legislation and go from here and not try to kill this legislation with a poison pill amendment.

Senator Goschka's first statement is as follows:

I rise in opposition to this amendment. I believe very strongly, as do most people from the state of Michigan, that human life begins at the very moment of conception. It is a tragedy when any embryo is thrown to the trash heap. It is a shame that any embryo has its life taken.

Human life begins at conception, and with the best of intentions, it is wrong to kill human life to try to protect others. It is absolutely wrong. Stem cell research is vital. It is important. It is something whose time has come, but embryonic cell research in and of itself is always, always wrong and inappropriate. It is the taking of human life, and who are we to be so selfish to put our own needs and concerns above that of any other human being.

This is a very bad amendment, and I would urge that we reject it.

Senator Goschka's second statement is as follows:

Again, I rise in opposition to this amendment. I appreciate the sincere intentions of the author. However, I do not believe it to be meaningful, and I do not believe it to be ethical. It is the taking of human life. I heard earlier a previous speaker regarding people who are suffering and dying. That's exactly what we would be doing to innocent, unborn human life in the embryonic stem cell research debate.

We must, at some point, demonstrate that we truly do believe in human life from the very moment of conception. If we truly believe in helping people, then we could not support this amendment because we would be taking inherently the lives of people to do this research. It would be wrong.

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

The motion prevailed.

Senator Whitmer's statement is as follows:

Because the sponsors and proponents of this bill, when they introduced it, applauded themselves as stem cell advocates, I propose that we should tie-bar this bill, this legislation to some real stem cell reform in the state of Michigan--the type of research that the public, overwhelmingly supports--embryonic stem cell research.

Now, I remember when the House Republicans had their big press conference and they patted everyone on the back and passed out misleading press releases and proclaimed that this was pro-stem cell research. I remember that, but the truth is that this is only a portion of the type of research that is going on in the world and that we should be doing in the state of Michigan. It's only part of the story. In reaction to the vast public support of embryonic stem cell research, 73 percent of the people in Michigan support embryonic stem cell research; 72 percent of Catholics support embryonic stem cell research; and 56 percent of the people in our state, who identify themselves as pro-life support embryonic stem cell research. If you doubt the truth of those words, look at what happened in the election in November. Both chambers of the Congress changed, and in many of those races, this was the No.1 issue that changed the face of Congress because the people of our country have embraced this technology and we should as well.

Now, I want to be very clear that I support this package of bills. Cord blood research is very helpful. I banked cord blood of both of my daughters, my 4-year-old and my 3-year-old. But people need to know that this cord blood is not the type of research that is going to cure Parkinson's or treat diabetes or cure Alzheimer's. Is this good public policy? Yes. Is this enough? Absolutely not. Stem cell research is not all alike. Cord blood is adult stem cells. It has a very good medical purpose and it can be used to do a lot of good, but it is very limited--limited only to blood diseases.

Now, if we are truly embracing stem cell research, if we are truly pro-stem cell research, we need to tie-bar these bills to a package of bills that were introduced. It was a bipartisan package, and it was modeled after legislation proposed by United States Senator Orrin Hatch. It would lift the ban in the state of Michigan on embryonic stem cell research. Now, when Dolly the sheep was cloned, we in Michigan--I use the term "we" loosely because very few of us were even here--we said no cloning. We are going to ban it altogether. It was a knee-jerk reaction and it was bad public policy.

We are one of five states in the country that bans this altogether. What the law in Michigan states is that it's okay to throw away embryos in the garbage. It is just not okay to do research on those embryos.

This package of bills also increases the penalties on cloning, which we all think is a good idea. Cloning is a bad thing.

Now, let me tell you a little about embryonic stem cell research. That is where the biggest hope is and all the promise. From an embryonic stem cell, you can develop any type. The potential is to develop any type of adult stem cell. Right now, diabetics' only hope is in this type of this research because there is no such thing as an adult stem cell that has been retrieved from the pancreas. Brain cells, spinal cells--the promise is huge and the vast majority of the public understands that better than we do.

Now, policymakers on both sides of the aisle have championed this. Orrin Hatch, Nancy Reagan, public figures like Muhammad Ali, and Michael J. Fox have been very active on this. Every one of us knows someone who is related to someone or perhaps ourselves who may eventually suffer from something like Alzheimer's or diabetes or Parkinson's disease, among many other diseases that could be benefited from this research.

Now, if you are not personally motivated by the medical promise of this, think about the economic reality. We are all so proud to proclaim that we are a life-sciences state. But how can you be a true life-sciences state when you have the most extreme backwards law in the country. In California, the taxpayers are investing $3 billion in the next 10 years to encourage this type of research. We outlaw it in Michigan. Eli Broad, a benefactor at Michigan State University, gave $30 million to a school in California to further this research. Michigan State University might have been in line for that if we would let them do this kind of research. We are losing our top researchers who are leaving the University of Michigan, like Sean Morrison, who has been forced to incorporate in California to have a stem cell research company. Those are the kinds of jobs that we talk about bringing to Michigan, that we say we want to bring to Michigan. These are the types of people we are talking about.

Now, finally, if the biggest holdback--the biggest issue that is holding any of you back--is your Right-to-Life position on this issue, please go out in the hallway and ask them. How on God's green earth does it better promote a culture of life to throw embryos in the garbage than to permit lifesaving research on those embryos? We are talking about the very same thing. We are not talking about creating something for the purpose of research. These are embryos that exist, that are being washed down the drain or thrown in the garbage can. How does it better promote life to throw them away than to promote research? It doesn't, and that is why I ask for your support on my amendment.

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.754 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1354, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.

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.755 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1208, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 2002 PA 471.

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.756 Yeas--35

Allen Clarke Jelinek Scott

Barcia Cropsey Johnson Sikkema

Basham Emerson Kuipers Stamas

Birkholz Garcia Leland Switalski

Bishop George McManus Thomas

Brater Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Clark-Coleman Jacobs Schauer

Nays--1

Brown

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1499, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county and Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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.757 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Birkholz, designated Senator Allen 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 amendment, the following bill:

Senate Bill No.1500, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.

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

1. Amend page 1, line 2, after "after" by striking out "JUNE" and inserting "SEPTEMBER".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following 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:

Senate Bill No.1500

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

The following bill was read a third time:

Senate Bill No.1500, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.

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.758 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Emerson Kuipers Stamas

Bishop Garcia Leland Switalski

Brater George McManus Thomas

Brown Gilbert Olshove Toy

Cassis Goschka Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--0

Excused--2

Hammerstrom Sanborn

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Cropsey moved that consideration of the following resolution be postponed for today:

Senate Resolution No.71

The motion prevailed.

Senate Resolution No.160.

A resolution to urge the Michigan Department of Transportation (MDOT) to establish a 511 traveler information network in Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Whitmer's statement is as follows:

It is with a heavy heart that I rise today. Sacrifice is something most of us only think about a few times a year--maybe when religious traditions require it or when a specific event brings it to the forefront. But soldiers think about sacrifice every day, as do their families. Just a few weeks ago, Staff Sergeant Gregory McCoy gave the ultimate sacrifice when his life was taken as he was serving in Iraq.

McCoy was a member of the 410th Military Police Company based out of Fort Hood, Texas. He died November 9 from an improvised explosive devise. He was on his second tour of duty and was helping to train Iraqi police.

Gregory McCoy grew up in Webberville and is a graduate of Webberville High School. He had always planned to serve in the military. Even in school, when news of his passing reached current students, a young man approached the principal and asked that the flag be lowered to half-staff in his honor. Staff Sergeant McCoy was proud of his service from day one and everyone knew it and his family did as well, who joins us here today.

McCoy's wife said that Greg wanted to be in Iraq. He wanted to make a difference and found this to be the best way for him to serve. She explained in a letter for his memorial service that he felt that this was his duty and that this deployed service made him feel complete. He had done everything he could to make the world a better place, and we are all grateful for that.

Those who knew Staff Sergeant McCoy best described him as thoughtful and funny--always willing to share some of his patented dry humor, but never at the expense of anyone else.

We extend our deepest sympathy to Staff Sergeant McCoy's family, who join us here today in the west Gallery: his wife Lori, their two children, his parents Tim McCoy and Carol Johnson, his sister, stepbrother, and grandparents; and the many other family members who feel his loss and cherish his memory with extraordinary pride and love.

We thank Sergeant McCoy for his service and sacrifice and wish his family and friends the best in this difficult time.

Please join me in a moment of silence to honor Staff Sergeant Gregory McCoy.

A moment of silence was observed in memory of Army Staff Sergeant Gregory McCoy.

Senator Cherry's statement is as follows:

I also rise with a heavy heart today to honor the memory of Captain Justin Dale Peterson. We extend our sympathies and respect to the family and many friends of Captain Justin Dale Peterson, whose passing has saddened all who had the good fortune of knowing him. He was a Marine known for not only his jokes and humor, but also for his devotion to his family, God, and country.

Captain Peterson, 32 years old, died on October 1st in a non-combat vehicle accident in Iraq's Al Anbar province. He was a supply officer assigned to the 1st Tank Battalion, 1st Marine Expeditionary Force from Twentynine Palms, California. He left for Iraq on April 12th, just days after the birth of his daughter Caitlin. Captain Peterson was a doting husband to his wife Patty and his other two children, Jared and Jayden.

Captain Peterson entered the Reserves after graduating from Southfield Christian High School and met his wife Patty in Sunday School at the age of 17. After earning a business degree at Indiana's Taylor University, he was commissioned a second lieutenant in 1997 and married Patty in 2004.

Captain Peterson will be remembered for his integrity, his humor, and his passion for the ones he loved. Of course, his family bears the greatest loss from his passing, and we offer our condolences to them. However, it also reminds us how fragile life can be and that the freedoms we all enjoy in this country are not without a price. May they find comfort in the knowledge that many people share in their bereavement and that the legacy of accomplishment of this distinguished man will long continue to help others.

Captain Justin Dale Peterson is survived by his mother Ginna; father Dale; brothers Joshua--also a Marine--and Jordan; and sisters Charity and Joy.

May his wife, children, and entire family know of our gratitude. While they cannot be with us, we honor the sacrifice that they have made and that we will make sure that they get this tribute, along with comments from this Journal. I ask all our members to honor their memory.

A moment of silence was observed in memory of Marine Captain Justin Dale Peterson.

Senator Scott's statement is as follows:

I have a couple of statements from my redlining website: "I pay insurance for myself and my two college student daughters. All of us have clean driving records. State Farm Insurance claims to give us a lot of discounts, but I still pay over $300 toward car insurance. We need relief, please."

The next one: "Been paying high tax bills for years. Would like to one time get a rate that's gotten in the suburbs."

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Emerson introduced

Senate Bill No.1513, entitled

A bill 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; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations.

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

Senator Emerson introduced

Senate Bill No.1514, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 3 (MCL 211.903), as amended by 2002 PA 244.

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

Senator Emerson introduced

Senate Bill No.1515, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2006 PA 380.

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

Senator Emerson introduced

Senate Bill No.1516, 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 14 and 14a (MCL 207.564 and 207.564a), section 14 as amended by 1996 PA 1 and section 14a as amended by 1994 PA 266.

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

Senator Emerson introduced

Senate Bill No.1517, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9k.

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

Senator Cropsey introduced

Senate Bill No.1518, entitled

A bill to amend 1988 PA 418, entitled "Uniform statutory rule against perpetuities," by amending sections 2 and 5 (MCL 554.72 and 554.75).

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

The Associate President pro tempore, Senator Barcia, assumed the Chair.

House Bill No.4119, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7dd (MCL 211.7dd), as amended by 2006 PA 114.

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.4636, entitled

A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.

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 Commerce and Labor.

House Bill No.4641, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 513 and 541 (MCL 436.1513 and 436.1541), section 513 as amended by 2004 PA 141 and section 541 as amended by 2006 PA 253, and by adding sections 413 and 526.

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

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

House Bill No.4806, entitled

A bill to amend 1949 PA 300, "Michigan vehicle code," by amending section 810b (MCL 257.810b), as amended by 2005 PA 141, and by adding section 601a.

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

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

House Bill No.5657, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 2006 PA 216.

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

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

House Bill No.5658, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 18 of chapter XVII (MCL 777.18), as amended by 2000 PA 304.

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

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

House Bill No.5838, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

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.6030, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2003 PA 247.

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.6245, entitled

A bill to amend 2000 PA 190, entitled "Privately owned cervidae producers marketing act," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 17, and 18 (MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, 287.958, 287.959, 287.960, 287.961, 287.964, 287.966, 287.967, and 287.968); and to repeal acts and parts of acts.

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

The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.

House Bill No.6308, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 3, 4, and 5 (MCL 52.203, 52.204, and 52.205), section 5 as amended by 1980 PA 401.

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.6309, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2844a (MCL 333.2844a), as amended by 1990 PA 149.

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.6315, entitled

A bill to amend 1915 PA 63, entitled "An act to provide for the furnishing of suitable flag holders and United States flags for the graves of veterans who served in the armed forces of the United States for the marking and designation of the graves for memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United States flags when placed," by amending sections 1 and 1a (MCL 35.831 and 35.831a), section 1 as amended by 2005 PA 26 and section 1a as added by 2005 PA 27.

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 Senior Citizens and Veterans Affairs.

House Bill No.6320, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.

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

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

House Bill No.6321, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2005 PA 106.

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

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

House Bill No.6449, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 501 (MCL 436.1501), as amended by 2000 PA 431.

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

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

House Bill No.6603, entitled

A bill to provide for the sharing of certain health care coverage information; to provide for the powers and duties of certain departments and agencies; and to provide penalties and fines.

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.6631, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 197c (MCL 750.197c), as amended by 1998 PA 510.

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

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

House Bill No.6632, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16j of chapter XVII (MCL 777.16j), as amended by 2006 PA 243.

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

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

House Bill No.6640, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 360 (MCL 418.360).

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 Commerce and Labor.

Committee Reports

The Committee on Commerce and Labor reported

House Bill No.6118, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 8, and 10 (MCL 207.803, 207.808, and 207.810), sections 3 and 8 as amended by 2006 PA 117 and section 10 as amended by 2003 PA 248.

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 Judiciary reported

Senate Bill No.59, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending section 7 (MCL 551.7), as amended by 1983 PA 64.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

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

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.309, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 11 (MCL 445.71) and by adding section 12.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

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

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.4042, 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 2006 PA 184.

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, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5135, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 12, 13, and 20a of chapter VIII, sections 10, 11, and 12 of chapter IX, and section 3 of chapter XI (MCL 768.12, 768.13, 768.20a, 769.10, 769.11, 769.12, and 771.3), section 20a of chapter VIII as amended by 1983 PA 42, sections 10, 11, and 12 of chapter IXas amended by 1998 PA 317, and section 3 of chapter XI as amended by 2004 PA 330; and to repeal acts and parts of acts.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

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

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.5374, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 507, 508, 517, 518, 549a, and 549g (MCL 600.507, 600.508, 600.517, 600.518, 600.549a, and 600.549g), section 507 as amended by 2001 PA 252, section 508 as amended by 2001 PA 253, section 517 as amended by 2002 PA 715, section 518 as amended by 2001 PA 256, and section 549g as added by 1981 PA 182.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

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

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.5435, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2004 PA 338.

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, Schauer and Whitmer

Nays: Senator Brater

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5492, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7457 (MCL 333.7457), as added by 1988 PA 139.

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, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.6455, entitled

A bill to amend 1985 PA 87, entitled "William VanRegenmorter crime victim's rights act," by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a, 78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a, 780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a), sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections 17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a, 45a, 61b, and 77b.

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, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5968, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 4a of chapter IX (MCL 769.4a), as amended by 2004 PA 220.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.123, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17204.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Brater and Basham

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.124, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 172 and section 17201 (MCL 324.17201), as added by 2002 PA 578, and by adding section 17205.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Brater and Basham

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.186, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 172 and sections 17201, 17202, and 17203 (MCL 324.17201, 324.17202, and 324.17203), as added by 2002 PA578, and by adding section 17206.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Brater and Basham

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.361, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261d.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16909 (MCL 324.16901 and 324.16909), as amended by 2002 PA 496.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1419, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16902 (MCL 324.16902), as amended by 2002 PA 496.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1420, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903 (MCL 324.16903), as amended by 2002 PA 496.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1421, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16903b (MCL 324.16903b), as added by 2002 PA 496.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1422, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 16908 (MCL 324.16908), as amended by 2002 PA 496.

With the recommendation that the following amendment be adopted and that the bill then pass:

1. Amend page 3, line 2, after "16908B." by inserting "BEFORE MAKING A GRANT UNDER THIS SUBDIVISION, THE DEPARTMENT SHALL CONSIDER THE EXTENT TO WHICH THE MAKING OF THE GRANT WOULD CONTRIBUTE TO THE ACHIEVEMENT OF A BALANCED DISTRIBUTION OF GRANTS UNDER THIS SUBDIVISION THROUGHOUT THE STATE.".

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1423, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 16911.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1424, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2005 PA 179.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.1481, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), as amended by 2006 PA 275.

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.

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Brater and Basham

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.5885, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and 125.38a), sections 7b and 8a as added and section 8 as amended by 2001 PA 265.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.5886, entitled

A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; for the regulation and subdivision of land; and to prescribe penalties and provide remedies," by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and 125.329), section 7b as added and sections 8 and 9 as amended by 2001 PA 263.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.5960, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 78101 (MCL 324.78101), as amended by 2004 PA 587, and by adding section 78117.

With the recommendation that the bill pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, November 28, 2006, at 3:00p.m., Room 110, Farnum Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

The Committee on Judiciary reported

Senate Bill No.1495, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 2006 PA 316.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Families and Human Services reported

Senate Bill No.1292, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 3, 7, 10, 11, 14, 15, and 17 of chapter XII (MCL 712.1, 712.3, 712.7, 712.10, 712.11, 712.14, 712.15, and 712.17), sections 1, 7, 10, 11, 14, 15, and 17 as added by 2000 PA 232 and section 3 as amended by 2002 PA 688, and by adding section 2a to chapter XII; and to repeal acts and parts of acts.

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.

Bill Hardiman

Chairperson

To Report Out:

Yeas: Senators Hardiman, Sanborn, Jacobs and Clark-Coleman

Nays: None

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

The Committee on Families and Human Services reported

Senate Bill No.1500, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.

With the recommendation that the bill pass.

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

Bill Hardiman

Chairperson

To Report Out:

Yeas: Senators Hardiman, Hammerstrom, Sanborn, Jacobs and Clark-Coleman

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Families and Human Services reported

Senate Bill No.1501, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57f (MCL 400.57f), as amended by 2001 PA 280, and by adding sections 57s, 57t, 57u, and 57v.

With the recommendation that the bill pass.

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

Bill Hardiman

Chairperson

To Report Out:

Yeas: Senators Hardiman, Hammerstrom and Sanborn

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

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

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

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.5947, entitled

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

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

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

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

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6043, entitled

A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending section 2 (MCL 207.842).

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6318, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 5 (MCL 24.205), as amended by 2004 PA 23.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert, Jacobs and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development, Small Business and Regulatory Reform submitted the following:

Meeting held on Wednesday, November 29, 2006, at 8:30a.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Allen, Gilbert, Jacobs and Basham

The Committee on Commerce and Labor reported

House Bill No.6303, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 32.

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 and Olshove

Nays: None

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

The Committee on Health Policy reported

House Bill No.6039, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2511.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6359, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3805, 3807, 3809, 3811, 3815, 3817, 3819, 3823, 3827, 3830, 3831, 3835, 3839, 3841, and 3849 (MCL 500.3801, 500.3805, 500.3807, 500.3809, 500.3811, 500.3815, 500.3817, 500.3819, 500.3823, 500.3827, 500.3830, 500.3831, 500.3835, 500.3839, 500.3841, and 500.3849), sections 3801, 3807, 3809, 3811, 3815, and 3819 as amended and section 3830 as added by 2002 PA 304 and sections 3805, 3817, 3823, 3827, 3831, 3835, 3839, 3841, and 3849 as added by 1992 PA 84, and by adding section 3804; 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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6291, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2682.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6292, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 276.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

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

The Committee on Health Policy reported

House Bill No.6293, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

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

The Committee on Health Policy reported

House Bill No.6294, entitled

A bill to make, supplement, and adjust appropriations for the departments of community health and treasury for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson and George

Nays: Senators Whitmer and Jacobs

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

The Committee on Health Policy reported

House Bill No.6295, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 88a (MCL 125.2088a), as added by 2005 PA 225.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

Senate Bill No.1353, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2681.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

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

The Committee on Health Policy reported

Senate Bill No.1354, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

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 Health Policy submitted the following:

Meeting held on Wednesday, November 29, 2006, at 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Hammerstrom (C), Patterson, George, Whitmer and Jacobs

The Committee on Appropriations reported

Senate Bill No.1208, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 2002 PA 471.

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, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: Senators Brown and Hardiman

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No.1499, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

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 Appropriations submitted the following:

Meeting held on Wednesday, November 29, 2006, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Senate Fiscal Agency Board of Governors submitted the following:

Meeting held on Tuesday, November 28, 2006, at 11:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Sikkema (C), Johnson, Stamas, Emerson and Prusi

COMMITTEE ATTENDANCE REPORT

The Michigan Capitol Committee submitted the following:

Meeting held on Wednesday, November 29, 2006, at 12:06p.m., Rooms 402 and 403, Capitol Building

Present: Senators George (C), Toy, Garcia and Schauer

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, November 29, 2006, at 12:10p.m., Room 110, Farnum Building

Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater

Scheduled Meetings

Economic Growth Joint Select Committee (SCR 45) - Monday, December 4, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1758)

Legislative Retirement Board of Trustees - Wednesday, December 6, 3:00p.m., Room H-252, Capitol Building(373-0575)

Michigan Law Revision Commission - Monday, December 18, 1:00p.m., Room 426, Capitol Building (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 2:06p.m.

The Associate President pro tempore, Senator Barcia, declared the Senate adjourned until Tuesday, December 5, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate