2007-SJ-12-06-128.htm

No. 128

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Thursday, December 6, 2007.

10:00a.m.

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

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

Allen--present Garcia--present Pappageorge--present

Anderson--present George--present Patterson--present

Barcia--present Gilbert--present Prusi--present

Basham--present Gleason--present Richardville--present

Birkholz--present Hardiman--present Sanborn--present

Bishop--present Hunter--present Schauer--present

Brater--present Jacobs--present Scott--present

Brown--present Jansen--excused Stamas--present

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

Cherry--present Kahn--present Thomas--present

Clark-Coleman--present Kuipers--present Van Woerkom--present

Clarke--present McManus--present Whitmer--present

Cropsey--present Olshove--present

Senator Thomas M. George of the 20th District offered the following invocation:

We recently had the opportunity to celebrate Thanksgiving with our family and friends. Let us today be reminded that the essence of Thanksgiving is not to be found in the goods and services that fill our horns of plenty. Instead, the important things in life are the resources we bring to adversity. What strength can we call upon when our earthly treasures fail us?

May we give thanks then not because all things are good or easy, but because we know that this troubled world with all of its beauty and ugliness, with all of its evil and good, is cradled in the arms of a loving God. Amen.

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

Motions and Communications

Senator Cropsey moved that Senators Bishop and Richardville be temporarily excused from today's session.

The motion prevailed.

Senator Cropsey moved that Senator Jansen be excused from today's session.

The motion prevailed.

Senator Cropsey 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.928

Senate Bill No.929

Senate Bill No.930

Senate Bill No.931

Senate Bill No.932

Senate Bill No.933

Senate Bill No.934

Senate Bill No.935

Senate Bill No.936

Senate Bill No.937

Senate Bill No.938

Senate Bill No.939

Senate Bill No.940

Senate Bill No.941

Senate Bill No.942

Senate Bill No.944

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

Senator Bishop entered the Senate Chamber.

Senator Thomas moved that Senators Clarke and Hunter be temporarily excused from today's session.

The motion prevailed.

Senators Clarke and Richardville entered the Senate Chamber.

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

The motion prevailed.

Senator Stamas' statement is as follows:

Before all the students leave, I wanted to catch them because I have the pleasure of introducing a gentleman who has been interning in my office, doing a fine job. He is actually from Fruitport, so I thought it was fitting that these students are here today. Griffin Huschke, who is a senior at Michigan State University in the James Madison International Relations program, is planning on moving to graduate school. He has done an outstanding job, and I hope that you would join me in thanking him for his hard work.

Senator Cherry's statement is as follows:

I'd like to take this opportunity to introduce one of my interns, Emily Leonard. She's leaving my office today. She currently attends Michigan State University and is expected to graduate in May 2009 with a major in advertising.

She has performed any task that my office has asked her to do with a smile, and I know that she is going to be greatly missed by the other staff people in my office. She is especially important to me because I have known Emily since she was baby. She is the daughter of my best friend, and it's great to have the ability to have her working in my office.

Emily, thank you so much for the work that you've done.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

December 4, 2007

In accordance with the provisions of Section 45(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:39p.m. this date, administrative rule (07-12-01) for the Department of Community Health, Bureau of Mental Health & Substance Abuse Services, entitled "Rights of Recipients." These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 4, 2007

In accordance with the provisions of Section 45(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:41p.m. this date, administrative rule (07-12-02) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, entitled "Deferred Presentment Statewide Database." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following official bills were printed on Wednesday, December 5, and are available at the legislative website:

House Bill Nos. 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522

5523 5524 5525 5526 5527 5528 5529 5530

By unanimous consent the Senate proceeded 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, Lieutenant Governor Cherry, designated Senator Kuipers as Chairperson.

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

Senate Bill No.929, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).

Senate Bill No.930, entitled

A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 1 (MCL 207.751).

Senate Bill No.931, entitled

A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.

Senate Bill No.933, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 11 (MCL 207.561), as amended by 2004 PA 323.

Senate Bill No.934, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.

Senate Bill No.935, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 2002 PA 16.

Senate Bill No.936, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

Senate Bill No.937, entitled

A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.

Senate Bill No.938, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.

Senate Bill No.939, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.

Senate Bill No.940, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10o (MCL 460.10o), as added by 2000 PA 142.

Senate Bill No.941, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 4 (MCL 331.4).

Senate Bill No.942, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 911 and 1062 (MCL 450.1911 and 450.2062), section 911 as amended by 1996 PA 197 and section 1062 as amended by 2005 PA 212.

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.928, entitled

A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax information with the annual budget message to the legislature," by amending section 3 (MCL 21.273), as amended by 2003 PA 38.

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.932, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8716, 14501, 36109, and 73301 (MCL 324.8716, 324.14501, 324.36109, and 324.73301), section 8716 as amended by 2003 PA 163, section 14501 as amended by 2006 PA 254, section 36109 as amended by 2002 PA 75, and section 73301 as added by 1995 PA 58.

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.944, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," (MCL 208.1101 to 208.1601) by adding section 451.

Substitute (S-1).

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

1. Amend page 2, line 9, after "LIABILITY" by striking out "IS NOT" and inserting "SHALL BE".

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.

During the Committee of the Whole, Senator Hunter entered the Senate Chamber.

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.928

Senate Bill No.929

Senate Bill No.930

Senate Bill No.931

Senate Bill No.932

Senate Bill No.933

Senate Bill No.934

Senate Bill No.935

Senate Bill No.936

Senate Bill No.937

Senate Bill No.938

Senate Bill No.939

Senate Bill No.940

Senate Bill No.941

Senate Bill No.942

Senate Bill No.944

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.679

Senate Bill No.815

Senate Bill No.928

Senate Bill No.929

Senate Bill No.930

Senate Bill No.931

Senate Bill No.932

Senate Bill No.933

Senate Bill No.934

Senate Bill No.935

Senate Bill No.936

Senate Bill No.937

Senate Bill No.938

Senate Bill No.939

Senate Bill No.940

Senate Bill No.941

Senate Bill No.942

Senate Bill No.944

The motion prevailed.

The following bill was read a third time:

Senate Bill No.679, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 717 (MCL 484.1717), as amended by 2006 PA 249; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senators Patterson and Brown offered the following amendment:

1. Amend page 1, line 1, after "effective" by striking out the balance of the line through "2008" on line 2 and inserting "FEBRUARY 29, 2008".

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

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.529 Yeas--36

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Gleason Pappageorge Thomas

Cassis Hardiman Patterson Van Woerkom

Cherry Hunter Prusi Whitmer

Nays--0

Excused--1

Jansen

Not Voting--1

Birkholz

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Olshove's statement is as follows:

We have an intern in our office, Mr.Jarett Smith, who's been with us since September, and he is leaving our office today. He is a sophomore at Michigan State University and studying business administration and pre-law.

He has been a joy to work with and an addition to our office. I'd like my colleagues, if they could, to acknowledge him and thank him for his service to the Senate.

The following bill was read a third time:

Senate Bill No.815, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 401 (MCL 484.1401), as amended by 2006 PA 249.

The question being on the passage of the bill,

Senators Patterson and Brown offered the following amendment:

1. Amend page 7, line 18, after "after" by striking out the balance of the line through "2008" on line 19 and inserting "FEBRUARY 29, 2008".

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

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

The motion prevailed.

Senator Birkholz entered the Senate Chamber.

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.530 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.928, entitled

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.531 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.929, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).

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.532 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.930, entitled

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.533 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.931, entitled

A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.

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.534 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.932, entitled

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.535 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.933, entitled

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.536 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.934, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.

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.537 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.935, entitled

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.538 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.936, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

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.539 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.937, entitled

A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.

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.540 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.938, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.

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.541 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.939, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.

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.542 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.940, entitled

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.543 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.941, entitled

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.544 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.942, entitled

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.545 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.944, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," (MCL 208.1101 to 208.1601) by adding section 450.

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.546 Yeas--36

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cherry Hunter Prusi Whitmer

Nays--1

Cassis

Excused--1

Jansen

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.944.

Senator Cassis' statement is as follows:

Bold headlines in a leading newspaper today read, "Granholm: I'll never raise taxes again. The most important thing I learned this year is that I am not ever going to raise taxes again." My fellow Senators, our chief executive seems to have had a new revelation and has proclaimed to her subjects, not just in a church confessional. My question this morning is, will my fellow Senators follow their leader? Senate Bill No.944, besides being unfair in choosing winners, calls on us to provide funds. Where will this body find those necessary funds? Will it be shift and shaft or raise taxes? Is this body sending another dose of cynicism and disbelief to our electorate?

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

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott, Basham, Kuipers, Clarke, Gleason, Brater and Clark-Coleman asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

The eloquent Harlem Renaissance author and poet Jean Toomer once said, "Talk about it only enough to do it. Dream about it only enough to feel it. Think about it only enough to understand it. Contemplate it only enough to be it." Well, my friends, I have talked and I have dreamed and I have thought and I have contemplated. I've dreamed enough to feel insurance reform. I've thought about it enough to understand it, and I've contemplated it enough to be it. Unfortunately, I evidently have not talked enough to do it.

So your refusal to act on my bills requires me to keep on talking, and I will continue to talk until I succeed in making my dreams, my thoughts, and my contemplations a reality. You can count on that.

Senator Basham's statement is as follows:

I would like to talk about an honorable young man who needs a Christmas present. His name is Josh Polka. He wrote me a letter; actually his mother wrote it. He is only seven years old and I will read you a little bit of it:

"He has been strongly against smoking most of his life. Josh cannot stand to be around smokers whatsoever. Referring to those little Dum Dum suckers, Josh says, 'Don't be a dum-dum, smoking is for suckers.' He doesn't like the smell, the smoke gets in his eyes, it makes him cough, and not only can smoking kill the smoker, but also the people around the smoker. Josh says, 'Just because other people want to smoke, why should I have to be around it?' He cheers for joy if a restaurant has a sign that reads, 'Smoke-free.'"

Josh wanted to start a petition that would ban smoking in public places, but being only a child, he couldn't have any legal impact. However, he knows that I have a Senate bill in the works, but my bill hasn't had much action lately. Fortunately, House Bill No.4163 has. The Democratic leadership in the State House has actually moved an important bill that should be a nonpartisan bill and should be taken up and voted on by both chambers and signed into law by Governor Granholm.

Josh would like to know what he can do to help me get my bill passed. He is a child who wants to make a difference. He wants to be able to eat in any restaurant in his home state of Michigan and not have to worry about the dangers of secondhand smoke. If this bill gets passed, he would be the happiest child on earth. His parents would be glad that he wouldn't have to move to California when he becomes an adult. He thanks me for my time.

Colleagues, there are 3,000 people dying per year as a result of secondhand smoke in the state of Michigan. We should give Josh Polka his wish and make it a happy Christmas for him and a number of other folks who don't want to breathe secondhand smoke. There are 17 respiratory diseases associated with secondhand smoke. There are also thousands of chemicals, 200 are poisonous and 43 are cancer-causing, and the U.S. Surgeon General said there is no safe amount of secondhand smoke. I would encourage my colleagues, if you don't want to hear my bill, why don't we do a discharge vote on House Bill No.4163 and let the issue get in front of this legislative body. I would hope that the Majority Leader would give us a vote on this type of legislation, whether it's a House bill or my Senate bill.

Senator Kuipers' statement is as follows:

I would like to take this opportunity to introduce to all of my Senate colleagues a young woman who has been interning in our office. Her name is Jessica Hoffman. Jessica is a senior at the University of Michigan and has had the opportunity to intern in our office during one of the more interesting times in Michigan's history. She has been invaluable to the work of our office, and I hope she has learned a lot about state government. It is her goal one day to be involved in some international politics, maybe through the United States government.

Jessica, I just want to take this opportunity to say thank you and to publicly recognize you for the outstanding job you did in our office.

Senator Clarke's statement is as follows:

Today I will be introducing legislation that establishes in Michigan a right of publicity. The right of publicity is the right to control the use of your own name, picture, or likeness to prevent another from using it to make money without your consent. Out of all of the states in the United States Sixth Judicial Circuit, Ohio, Kentucky, and Tennessee all have enacted a right of publicity statute. Michigan is the only state within the Sixth Circuit that does not have such a law.

This bill, when enacted, will help attract licensing businesses of Michigan-based celebrities back to Michigan. Let me give you an example. The estates of Rosa Parks, Ty Cobb, and the legendary Joe Louis have all had to license the names and likenesses of these celebrities in other states but Michigan. This bill, when enacted, will help to attract more licensing business for the state, and I welcome your co-sponsorship.

Senator Gleason's statement is as follows:

Our country and our state are made up of historical benchmarks, and today is one which brought our country and our state together. On December 6, 1865, the 13th Amendment was passed. The 13th Amendment ended slavery in our country, and today is the anniversary of that historic event. It is also an indicator that far too often we use the governmental process to divide and not bring our people together. Even with the enactment of the 13th Amendment, the struggle continued for full participation for our brothers and sisters of color. Even though fair-minded leaders in this country suggested that slavery should end, others thought that they would bring up the stepmother for our black brothers and sisters, so when they couldn't limit the enactment of our black brothers and sisters to slavery, they did it with Jim Crow laws.

My fellow Senators, I think this is an historic moment, and it think it deserves a little more attention then we are providing at this particular time. This was a benchmark that was a world event that we who beseech and actually protest on behalf of citizenship would actually hold our brothers and sisters in slavery. Now I speak on this in several regards. It took a long time for full participation of our brothers and sisters in this political process. Prior to that, we thought that people like Senator Hardiman and Senator Clark-Coleman and other brothers and sisters of different complexions should not have full participation in our process.

Jim Crow entered after we relinquished some of the objections to full participation in our country's democracy. We started impeding the right of blacks to be involved in the democratic process. We said, "Well, we'll put up a poll tax here. We'll give them a test to see if they can vote in particular elections, deciding who their representatives are going to be." And as time went on, we had Brown v. Board of Education. So we had not only legislative impediments, but also judicial successes.

Now it is interesting, December 6 is the day that slavery ended in our country. As often happens with historical events, there is great irony and also reminders of what that freedom costs. Tomorrow is the anniversary of an event that cost many Americans their lives. Our brothers and sisters who would actually fight side by side with the grandsons and daughters of those we helped in slavery to make sure that we have an America that includes all--that we all would have a voice.

From slavery to sitting and fighting discouraged fascism, Nazism across this world, it kind of is an indicator and a benchmark for each one of us that sometimes as representatives of the people we hold our folks hostage. Then shortly after that, there is a decision made that we will come together and offer remedies in a humane and responsible fashion.

So today when you think about it, think about how our Founding Fathers said that it would be alright to enslave our fellow people; that some who followed our Founding Fathers said that those who looked like some of our colleagues would only be included as three-fifths of a human being; that we could send them to separate but equal schools; but yet, we would stand under the red, white, and blue of the American flag. Yet even that involvement was followed up with courageous, brotherly and sisterly acts because of that event that happened on December 7th.

I think that gives this chamber and our state great hope that our decisions can ultimately be changed for the better.

Senator Brater's statement is as follows:

I rise to take objection to the remarks made under Statements by the good Senator from the 15th District. We have noted from time to time in the spirit of the Senate rules that it would be wise to embrace the Governor in our refraining from making personal remarks. I think, in this case, to make reference to the Governor's religion, to me, I found it offensive. I am not a member of that religion, but I think that we should allow every member of this Legislature and the Governor to practice their religion without it becoming a matter of political debate.

Senator Clark-Coleman's statement is as follows:

This morning, I got up early and got caught in the traffic, but I still arrived in time for a reconciliation breakfast, among both House and Senate members from both parties, which I found to be very invigorating. I think that many of us ought to have attended that breakfast. As a matter of fact, I think perhaps if the good Senator from the 15th District had been there this morning, perhaps her message to us today might be more tempered.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Clarke, Jacobs, Gleason, Schauer, Thomas, Whitmer and Prusi introduced

Senate Bill No.956, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), as amended by 2006 PA 672.

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

Senators Hunter and Thomas introduced

Senate Bill No.957, entitled

A bill to establish the autism research fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Senators Thomas and Hunter introduced

Senate Bill No.958, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 435 (MCL 206.435), as added by 2007 PA 133.

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

Senators Hunter, Clarke, Olshove, Scott, Brater, Basham and Clark-Coleman introduced

Senate Bill No.959, entitled

A bill to license and regulate debt settlement services providers; to prescribe the powers and duties of certain state governmental officers and entities; to provide penalties; and to repeal acts and parts of acts.

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

Senators Hunter, Clarke, Olshove, Scott, Brater, Basham and Clark-Coleman introduced

Senate Bill No.960, entitled

A bill to amend 1994 PA 160, entitled "Credit services protection act," by amending section 2 (MCL 445.1822).

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

Senators Switalski, Cherry and Garcia introduced

Senate Bill No.961, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

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

Senators Sanborn, Patterson, Jelinek, Gilbert, Cassis, Cropsey, Richardville, Stamas, Birkholz, Brown, Allen, Kahn and Pappageorge introduced

Senate Bill No.962, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 40b, 208c, 303, 307, 310, 314, 811, and 812 (MCL 257.40b, 257.208c, 257.303, 257.307, 257.310, 257.314, 257.811, and 257.812), section 40b as added by 1997 PA 100, section 208c as amended by 2004 PA 362, sections 303, 307, and 314 as amended by 2006 PA 298, section 310 as amended by 2005 PA 141, section 811 as amended by 2006 PA 589, and section 812 as amended by 2005 PA 142, and by adding sections 30c, 310f, and 310g.

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

Senators Stamas, Gilbert, Patterson, Jelinek, Cassis, Cropsey, Richardville, Birkholz, Brown, Allen, Kahn and Pappageorge introduced

Senate Bill No.963, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending sections 1, 1a, 2, and 8 (MCL 28.291, 28.291a, 28.292, and 28.298), sections 1 and 2 as amended by 2005 PA 143 and sections 1a and 8 as added by 1997 PA 99, and by adding sections 2a and 2b.

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

Senators Gilbert, Sanborn, Patterson, Jelinek, Cassis, Cropsey, Richardville, Stamas, Birkholz, Brown, Allen, Kahn, Pappageorge and Clarke introduced

Senate Bill No.964, entitled

A bill to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties.

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

Senators Pappageorge, Sanborn, Patterson, Jelinek, Gilbert, Cassis, Cropsey, Richardville, Stamas, Birkholz, Brown, Allen and Kahn introduced

Senate Bill No.965, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2005 PA 207.

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

Senators Brown, Patterson, Jelinek, Gilbert, Cassis, Cropsey, Richardville, Stamas, Birkholz, Allen, Kahn and Pappageorge introduced

Senate Bill No.966, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending sections 1a and 8 (MCL 28.291a and 28.298), as added by 1997 PA 99, and by adding section 9a.

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

Senators Cassis, Kahn, Brown, Kuipers, Cropsey and Pappageorge introduced

Senate Bill No.967, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," (MCL 208.1101 to 208.1601) by adding section 450.

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

Senator Kuipers introduced

Senate Bill No.968, entitled

A bill to authorize local units of government to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.

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

Senators Pappageorge and Birkholz introduced

Senate Bill No.969, entitled

A bill to amend 1962 PA 199, entitled "Ski area safety act of 1962," by amending sections 6a and 23 (MCL 408.326a and 408.343), as added by 1981 PA 86, and by adding sections 6b and 23a.

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

Senators Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Hunter, Stamas, Brown, Hardiman, Kahn, George, Clarke, Clark-Coleman, Pappageorge, Jacobs, Van Woerkom, Barcia, Anderson, Scott and Thomas introduced

Senate Bill No.970, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1 and 7 (MCL 125.1651 and 125.1657), section 1 as amended by 2006 PA 659 and section 7 as amended by 2005 PA 115.

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

Senators Clarke, Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Hunter, Stamas, Brown, Hardiman, Kahn, George, Clark-Coleman, Pappageorge, Barcia, Jacobs, Van Woerkom, Anderson, Thomas and Scott introduced

Senate Bill No.971, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 3, 9, and 10 (MCL 125.2683, 125.2689, and 125.2690), section 3 as amended by 2006 PA 304 and section 10 as amended by 2005 PA 164, and by adding section 8g.

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

Senators Hunter, Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Stamas, Brown, Hardiman, Kahn, Clarke, George, Clark-Coleman, Barcia, Pappageorge, Jacobs, Van Woerkom, Anderson, Thomas and Scott introduced

Senate Bill No.972, entitled

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

Senators Brown, Richardville, Allen, Birkholz, Hunter, Stamas, Hardiman, Kahn, Clark-Coleman, Clarke, George, Barcia, Pappageorge, Anderson, Thomas and Scott introduced

Senate Bill No.973, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 435 (MCL 208.1435).

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

Senators Richardville, Allen, Sanborn, Kuipers, Gilbert, Birkholz, Hunter, Stamas, Brown, Hardiman, Kahn, Clark-Coleman, Clarke, George, Barcia, Pappageorge, Jacobs, Thomas and Scott introduced

Senate Bill No.974, entitled

A bill to amend 1978 PA 255, entitled "Commercial redevelopment act," by amending sections 4, 12, and 18 (MCL 207.654, 207.662, and 207.668), section 12 as amended by 1998 PA 243 and section 18 as amended by 1984 PA 342, and by adding section 12a.

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

Senators Kahn, Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Hunter, Stamas, Brown, Hardiman, George, Clarke, Clark-Coleman, Pappageorge, Barcia, Jacobs, Thomas and Scott introduced

Senate Bill No.975, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 3 (MCL 207.773), as amended by 2005 PA 339.

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

Senators Gilbert, Allen, Sanborn, Kuipers, Richardville, Birkholz, Hunter, Stamas, Brown, Hardiman, Kahn, Clark-Coleman, Clarke, Barcia, Pappageorge, Jacobs, Anderson, Thomas and Scott introduced

Senate Bill No.976, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 2 (MCL 207.772), as amended by 2006 PA 661.

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

Senators Gilbert, Allen, Sanborn, Kuipers, Richardville, Birkholz, Hunter, Stamas, Hardiman, Kahn, Clarke, George, Barcia, Pappageorge, Jacobs, Anderson and Thomas introduced

Senate Bill No.977, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2006 PA 539, and by adding section 526.

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

Senators Stamas, Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Hunter, Brown, Hardiman, Kahn, Clark-Coleman, Clarke, George, Barcia, Pappageorge, Jacobs, Anderson, Thomas and Scott introduced

Senate Bill No.978, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1907 (MCL 324.1907), as added by 1995 PA 60.

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

Senators Hardiman, Allen, Sanborn, Kuipers, Gilbert, Richardville, Birkholz, Hunter, Stamas, Brown, Kahn, George, Clarke, Clark-Coleman, Pappageorge, Barcia, Jacobs, Thomas and Scott introduced

Senate Bill No.979, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.155) by adding section 7ll.

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

Senators Pappageorge, Allen, Sanborn, Kuipers, Gilbert, Richardville, Cropsey, Birkholz, Hunter, Stamas, Hardiman, Kahn, Brown, Clark-Coleman, Clarke, Barcia, Jacobs, Anderson, Thomas and Scott introduced

Senate Bill No.980, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

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

Senators Allen and Gilbert introduced

Senate Bill No.981, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending the title and section 11 (MCL 247.661), the title as amended by 2004 PA 384 and section 11 as amended by 2002 PA 639.

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

Senators Allen, Hunter, Clarke, Stamas and Gilbert introduced

Senate Bill No.982, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 437 (MCL 208.1437).

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

By unanimous consent the Senate returned to the order of

Statements

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

The motion prevailed.

Senator Patterson's statement is as follows:

Mr.President, through you to the Senate colleagues, I have spent just about five years in this chamber, and during the course of those years, I have happened to take some note of the Senate rules. On this occasion, I rise to point out that 3.902(B)(4) was recently invoked by a member of this body and I would like to put on the record that, in fact, it reads, "No Senator shall speak impertinently, attack the motives of any Senator who proposes or advocates a particular position, using indecent language or other disorderly words, or refer to another Senator by name in a disparaging way." It does not say anything about the Governor.

Committee Reports

The Committee on Judiciary reported

Senate Bill No.346, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 66.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Whitmer, Clarke and Prusi

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.485, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Patterson, Whitmer, Clarke and Prusi

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.524, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," (MCL 38.2101 to 38.2670) by adding sections 513 and 514.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Whitmer, Clarke and Prusi

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.786, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1999 PA 27.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn and Clarke

Nays: Senators Patterson and Whitmer

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, December 4, 2007, at 1:00p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Cropsey, Sanborn, Patterson, Whitmer, Clarke and Prusi

The Committee on Senior Citizens and Veterans Affairs reported

Senate Bill No.731, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," (MCL 32.501 to 32.851) by adding section 236.

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.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Pappageorge and Olshove

Nays: None

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

The Committee on Senior Citizens and Veterans Affairs reported

Senate Resolution No.99.

A resolution to memorialize the Congress of the United States to ensure that all members of the Armed Forces receive postdeployment health assessments for possible post-traumatic stress disorder and traumatic brain injuries, and that these assessments follow these servicemembers as they transition from active duty to civilian life or reserve duty.

(For text of resolution, see Senate Journal No.83, p. 1317.)

With the recommendation that the resolution be adopted.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Pappageorge and Olshove

Nays: None

The resolution was placed on the order of Resolutions.

The Committee on Senior Citizens and Veterans Affairs reported

Senate Resolution No.100.

A resolution to urge the United States Department of Defense to accept records of state screening for post-traumatic stress disorder and traumatic brain injuries in the absence of a federal screening record.

(For text of resolution, see Senate Journal No.83, p. 1318.)

With the recommendation that the resolution be adopted.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Pappageorge and Olshove

Nays: None

The resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Senior Citizens and Veterans Affairs submitted the following:

Meeting held on Wednesday, December 5, 2007, at 9:00a.m., Room 100, Farnum Building

Present: Senators Allen (C), Pappageorge and Olshove

Excused: Senators Garcia and Basham

The Committee on Economic Development and Regulatory Reform reported

Senate Bill No.294, entitled

A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending section 2 (MCL 207.842), as amended by 2006 PA 554.

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, Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

Nays: None

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

The Committee on Economic Development and Regulatory Reform reported

House Bill No.5123, entitled

A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending section 2 (MCL 207.842), as amended by 2006 PA 554.

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, Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, December 5, 2007, at 1:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

The Committee on Finance reported

Senate Bill No.928, entitled

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

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

Nays: None

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

The Committee on Finance reported

Senate Bill No.929, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 20 (MCL 110.20).

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.930, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.931, entitled

A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 17, 19, and 23 (MCL 125.2247, 125.2249, and 125.2253), as amended by 2005 PA 102.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.932, entitled

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

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

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

The Committee on Finance reported

Senate Bill No.933, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.934, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 2004 PA 322.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.935, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.936, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.937, entitled

A bill to amend 1980 PA 56, entitled "Neighborhood assistance and participation act," by amending section 3 (MCL 125.803), as amended by 1983 PA 104.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.938, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 1 (MCL 141.931), as amended by 1987 PA 282.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.939, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2005 PA 113.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.940, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.941, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.942, entitled

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No.944, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," (MCL 208.1101 to 208.1601) by adding section 451.

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.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus and Jansen

Nays: Senators Prusi, Jacobs and Whitmer

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

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, December 5, 2007, at 12:40p.m., Room 405, Capitol Building

Present: Senators Cassis (C), Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.212, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 342.

With the recommendation that the substitute (S-6) 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, Patterson, Basham and Prusi

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.858, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending section 4 (MCL 325.1004), as amended by 2006 PA 601.

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, Patterson, Basham and Prusi

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 Natural Resources and Environmental Affairs submitted the following:

Meeting held on Wednesday, December 5, 2007, at 1:00p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, December 5, 2007, at 3:00p.m., Room H-252, Capitol Building

Present: Senator Clarke

Excused: Senator McManus

COMMITTEE ATTENDANCE REPORT

The Michigan Capitol Committee submitted the following:

Meeting held on Thursday, December 6, 2007, at 9:00a.m., Room 426, Capitol Building

Present: Senators George (C), Garcia, Brown and Brater

Scheduled Meetings

Appropriations -

Subcommittee -

Community Health Department - Thursday, December 13, 1:00p.m., Senate Hearing Room, Ground Floor, BojiTower (373-2768)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:24a.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, December 11, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate