No. 26

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, March 12, 2008.

10:00 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.

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

Allen—present 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—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

Clark-Coleman—excused Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Pastor Mike Hixson of Graham Community Church of Laingsburg offered the following invocation:

Father, I thank You because You are good and You are great. I thank You, Lord, for this great state of Michigan. I love my home state, and I love the beauty that You have given all across the state. I thank You, Lord, for the people whom You have blessed this state with and all of the abundant resources that You have given to us and them.

And now, Lord, I pray for this Senate. I thank You for the men and women whom You have given this awesome responsibility of being our leaders. I pray, Lord, that You would give them a spirit of wisdom and knowledge and that, Lord, they would do their work well, they would do it effectively, and they would do it with servant attitudes as they serve us in the state of Michigan.

Father, I know that many public figures are in the news, and I just pray that You would watch over and protect these Senators. May they be true to themselves, may they be true to their families, to their constituents, and to You, Lord. I pray that You would give them a great working day, Lord, for our state today.

In the name of our Savior we pray. Amen.

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

Motions and Communications

Senator Cropsey moved that Senator Brown be temporarily 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. 1168

Senate Bill No. 1169

Senate Bill No. 1170

Senate Bill No. 1171

Senate Bill No. 1172

Senate Bill No. 1173

Senate Bill No. 1174

Senate Bill No. 1175

Senate Bill No. 1176

Senate Bill No. 1177

Senate Bill No. 1178

Senate Bill No. 1179

Senate Bill No. 1180

Senate Bill No. 1181

Senate Bill No. 1182

Senate Bill No. 1183

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

Senator Cropsey moved that the rules be suspended and the following bill, now on Committee Reports, be referred to the Committee on Economic Development and Regulatory Reform:

House Bill No. 4938, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 279.

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

Senator Thomas entered the Senate Chamber.

Senator Thomas moved that Senator Brater be temporarily excused from today’s session.

The motion prevailed.

Senator Thomas moved that Senator Clark-Coleman excused from today’s session.

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 11:

House Bill Nos. 4905 4981 5327 5858 5861

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 Assistant President pro tempore, Senator Sanborn, designated Senator Barcia as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 5184, entitled

A bill to authorize the state administrative board to accept and convey certain real property in Ingham county; to prescribe certain conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

The bill 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. 882, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2, 7, and 8 (MCL 205.422, 205.427, and 205.428), sections 2 and 8 as amended by 2005 PA 238 and section 7 as amended by 2004 PA 164.

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. 883, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 3 (MCL 205.53), as amended by 2004 PA 173.

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. 1115, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.

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.

During the Committee of the Whole, Senators Brater and Brown entered the Senate Chamber.

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 Assistant President pro tempore, Senator Sanborn, designated Senator Barcia as Chairperson.

Senate Bill No. 1171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 367.

Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

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. 1168, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 455.

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. 1169, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4cc (MCL 205.54cc), as added by 2006 PA 657; 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 amendment, the following bill:

Senate Bill No. 1170, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2003 PA 114.

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

1. Amend page 4, line 20, after “privilege.” by inserting “THE STATE TREASURER SHALL DIVULGE INFORMATION SET FORTH OR DISCLOSED IN A RETURN OR REPORT OR BY AN INVESTIGATION OR AUDIT TO THE CHAIRPERSONS OF THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES THAT HAVE JURISDICTION OVER MATTERS RELATING TO TAXATION AND FINANCE, THE DIRECTOR OF THE SENATE FISCAL AGENCY, AND THE DIRECTOR OF THE HOUSE FISCAL AGENCY UPON RECEIPT OF A WRITTEN REQUEST FROM THE CHAIRPERSON OR DIRECTOR.”.

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. 1172, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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. 1175, entitled

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

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. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; 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. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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. 1179, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 337.

Substitute (S-1).

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

1. Amend page 2, line 3, after “USC” by striking out “2557” and inserting “2257”.

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

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

Senate Bill No. 1180, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 512.

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. 1181, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” (MCL 247.801 to 247.816) by adding section 6b.

Substitute (S-1).

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

1. Amend page 2, line 5, after “USC” by striking out “2557” and inserting “2257”.

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

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

Senate Bill No. 1182, entitled

A bill to authorize local units of government to provide free use of local government property for film production.

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. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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 following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 120

Senate Bill No. 296

Senate Bill No. 915

Senate Bill No. 916

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 120, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14j.

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. 118 Yeas—35

Allen Clarke Jansen Sanborn

Anderson Cropsey Jelinek Schauer

Barcia Garcia Kahn Scott

Basham George Kuipers Stamas

Birkholz Gilbert McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Prusi Whitmer

Cherry Jacobs Richardville

Nays—2

Cassis Patterson

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

Senators Basham, Bishop, Hardiman, Jansen, Kahn, Olshove, Pappageorge, Richardville, Stamas, Switalski, Thomas, Van Woerkom and Whitmer were named co‑sponsors of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 120 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Cassis’ statement is as follows:

I think we all understand the importance of food stamps and that it has been growing because of economic situations that have been so tough on individuals and families. We also know that individuals—all of us from time to time have difficulty budgeting our expenditures. While this legislation might address, in some minimum way, the problem of how people on food stamps might budget, it creates some pretty fundamental problems.

The Senate finance agency has communicated with us that the cost of changing over to twice monthly would cost almost $1 million. It may be less, but we don’t have a figure right now in front us that says it’s less. But whatever the cost, once again, there is no identified funding source. A couple of weeks ago some of my friends on the other side of the aisle indicated that we should pay as we go and therefore identify spending sources, and they have not done so. There are other options as well.

The Detroit News today actually comes out with saying that they could potentially use debit cards and enhance it to 20 days and spread out the days food recipients could shop, so that is one. The Department of Human Services, apparently, right now is surveying food stamp recipients to find out if they want this switch; not all may. The results should be available in April to us.

Probably the most important finding here is that says this bill is premature. This is fact. A farm bill being negotiated in Congress right now could provide an obstacle, a stumbling block, since this farm bill includes a provision that would ban states from changing food stamp distribution from once a month. Wouldn’t it be ironic that this bill would pass and then it had to be repealed. It doesn’t make sense. It’s too early to do this, the cost is too great, and there is no identified spending source.

Thank you very much. I urge a “no” vote on this bill.

The following bill was read a third time:

Senate Bill No. 296, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81129 (MCL 324.81129), as amended by 2003 PA 111.

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. 119 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 915, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XI (MCL 711.1), as amended by 2000 PA 111.

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. 120 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 916, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206.

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. 121 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

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 at the head of the Third Reading of Bills calendar:

Senate Bill No. 1171

Senate Bill No. 1172

Senate Bill No. 1173

Senate Bill No. 1174

Senate Bill No. 1175

Senate Bill No. 1176

Senate Bill No. 1177

Senate Bill No. 1178

Senate Bill No. 1179

Senate Bill No. 1180

Senate Bill No. 1181

Senate Bill No. 1182

Senate Bill No. 1183

Senate Bill No. 1170

Senate Bill No. 1169

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

The following bill was read a third time:

Senate Bill No. 1171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 367.

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. 122 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

Senators Basham, Bishop, Brater, Olshove, Scott and Switalski were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 1172, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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. 123 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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. 124 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

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. 125 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1175, entitled

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

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. 126 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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. 127 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; 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. 128 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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. 129 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1179, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 337.

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. 130 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1180, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 512.

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. 131 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1181, 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. 132 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1182, entitled

A bill to authorize local units of government to provide free use of local government property for film production.

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. 133 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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. 134 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1170, entitled

The question being on the passage of the bill,

Senator Cassis offered the following amendment:

1. Amend page 5, line 16, after “211.155.” by inserting “THE CHAIRPERSONS OF THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES THAT HAVE JURISDICTION OVER MATTERS RELATING TO TAXATION AND FINANCE, THE DIRECTOR OF THE SENATE FISCAL AGENCY, AND THE DIRECTOR OF THE HOUSE FISCAL AGENCY SHALL NOT RELEASE OR DIVULGE INFORMATION RELATED TO THEM UNDER SUBSECTION (1)(F) TO ANY PERSON WHO IS NOT A MEMBER OF THAT COMMITTEE, A LEGISLATIVE STAFF PERSON ASSIGNED TO THAT COMMITTEE, THE DIRECTOR OF THE SENATE FISCAL AGENCY, OR THE DIRECTOR OF THE HOUSE FISCAL AGENCY. A PERSON WHO RECEIVES INFORMATION RELEASED UNDER SUBSECTION (1)(F) SHALL NOT RELEASE THAT INFORMATION IN VIOLATION OF THIS SUBSECTION. IF THE CHAIRPERSON, A MEMBER OF THE COMMITTEE, A LEGISLATIVE STAFF PERSON ASSIGNED TO THAT COMMITTEE, THE DIRECTOR OF THE SENATE FISCAL AGENCY, OR THE DIRECTOR OF THE HOUSE FISCAL AGENCY RELEASES ANY INFORMATION RELEASED UNDER SUBSECTION (1)(F) IN VIOLATION OF THIS SUBSECTION, THAT PERSON IS SUBJECT TO THE PENALTIES PROVIDED IN SUBSECTION (2).”.

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

The question being on the passage of the bill,

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

Roll Call No. 135 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1169, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4cc (MCL 205.54cc), as added by 2006 PA 657; 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. 136 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry

Nays—0

Excused—1

Clark-Coleman

Not Voting—0

In The Chair: Sanborn

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 resolutions be postponed for today:

Senate Concurrent Resolution No. 22

Senate Resolution No. 154

Senate Concurrent Resolution No. 27

The motion prevailed.

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

Senate Resolution No. 157

The resolution consent calendar was adopted.

Senator Scott offered the following resolution:

Senate Resolution No. 157.

A resolution offering support for establishing a National Women’s History Museum in Washington, D.C.

Whereas, In 1987, Congress declared March to serve as Women’s History Month to acknowledge the important role women have played in shaping America; and

Whereas, The National Women’s History Museum (NWHM), founded in 1996, is a nonpartisan, nonprofit, educational institution dedicated to preserving, interpreting, and celebrating the diverse historic contributions of women and integrating the heritage of women fully into this nation’s history; and

Whereas, Although women constitute a majority of the nation’s population, their achievements and contributions are underrepresented in museums and memorials; and

Whereas, Only 3 percent of the people identified in a recent survey of 18 history textbooks were women; and

Whereas, In 1999, the President’s Commission on the Celebration of Women in American History called for a women’s history museum to be established on the National Mall in Washington, D.C.; and

Whereas, The NWHM seeks a site on or close to the National Mall and in close proximity to the White House and U.S. Capitol Building; and

Whereas, The United States Senate voted unanimously in favor of S. 501, the National Women’s History Museum Act of 2005, a bill that directs the General Services Administration to enter into a long-term lease with the NWHM for federal property that has been vacant since 1992; and

Whereas, The NWHM will showcase the full history of women in the United States and the contributions they have made and continue to make in the marketplace, arts and sciences, government, entertainment, education, home, and community; and

Whereas, A coalition of 33 women’s organizations representing 8 million women, which includes the National Foundation for Women Legislators (NFWL), supports the efforts of the NWHM to establish a permanent residence on the National Mall, the most prominent location for museums to be situated in the nation’s capital; now, therefore, be it

Resolved by the Senate, That we hereby ask the esteemed members of the U.S. House of Representatives, the U.S. Senate, and the citizens of Michigan to support the NWHM’s efforts to secure a permanent home on or close to the National Mall for a museum that will highlight the important role women have played in shaping this great nation; and be further

Resolved, That copies of this resolution be transmitted to the National Foundation for Women Legislators and the entire coalition of women’s organizations supporting the efforts of the National Women’s History Museum to establish a permanent residence on the National Mall in Washington, D.C.

Senators Birkholz, Cherry, Clarke, Garcia, Gleason, Jacobs, Olshove, Pappageorge, Prusi and Schauer were named co‑sponsors of the resolution.

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 Assistant President pro tempore, Senator Sanborn, designated Senator Barcia as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 5319, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141b (MCL 125.541b), as added by 1992 PA 144.

The bill 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. 4868, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4q and 4r (MCL 117.4q and 117.4r), section 4q as added by 2003 PA 316 and section 4r as added by 2003 PA 317.

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

1. Amend page 2, line 8, after “$10,000.00.” by inserting “THIS SECTION DOES NOT AUTHORIZE A PROCEEDING AGAINST A FORECLOSING GOVERNMENTAL UNIT AS DEFINED UNDER SECTION 78 OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.78, OR AN AUTHORITY CREATED UNDER THE LAND BANK FAST TRACK ACT, 2003 PA 258, MCL 124.751 TO 124.774. THE CITY MAY WAIVE A FINE FOR A BLIGHT VIOLATION AT AN OWNER-OCCUPIED DWELLING FOR A FIRST TIME OFFENDER OF A BLIGHT ORDINANCE, IF THE OFFENDER HAS CORRECTED THE CIRCUMSTANCES FOR THE VIOLATION.”.

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.

Introduction and Referral of Bills

Senators Cherry, Scott, Anderson, Barcia, Sanborn, Olshove and Brater introduced

Senate Bill No. 1205, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511 (MCL 324.11511), as amended by 2004 PA 325.

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

Senator Allen introduced

Senate Bill No. 1206, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 8d (MCL 125.2683 and 125.2688d), section 3 as amended by 2006 PA 304 and section 8d as amended by 2006 PA 93.

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

Senators Cassis, Kahn, Garcia, Kuipers and Pappageorge introduced

Senate Bill No. 1207, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2007 PA 145.

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

House Bill No. 4905, entitled

A bill to amend 1982 PA 239, entitled “An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry and livestock composting; to prescribe powers and duties of certain state departments; to impose fees; to provide for remedies and to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 3, 4, and 15 (MCL 287.653, 287.654, and 287.665), as amended by 2005 PA 66.

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.

House Bill No. 4981, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60.

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

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

House Bill No. 5327, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 239 (MCL 208.1239), as amended by 2007 PA 145.

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. 5858, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431c.

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 Tourism.

House Bill No. 5861, 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 sections 11e and 11f (MCL 247.661e and 247.661f), section 11e as amended by 2007 PA 26 and section 11f as amended by 2007 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 Transportation.

Statements

Senators Scott 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 Scott’s statement is as follows:

There is an old Congolese proverb that says, “No matter how long the night, the day is sure to come.” It’s kind of what I’ve been saying about this long and challenging winter we’re going through. No matter how long the winter, the spring is sure to come.

As an African-American woman, I have relied on that deep abiding faith to keep me going. It fuels me. It energizes me. It inspires me. That confidence is also my outlook on my insurance bills. No matter how long the resistance, collaboration is sure to come, and faith is what drives me to get up here every day reminding you of the importance of my mission. No matter the resistance, no matter the opposition, and, yes, even the ridicule, equality and justice will come to Michigan homeowners and drivers.

Well, you moved my bill earlier, and I thank you for passing Senate Bill No. 120. All I ask you to do now is move my bills.

Senator Clarke moved that the Senate adjourn.

The motion did not prevail.

Senator Cherry’s statement is as follows:

I want to remind our members that Governor Granholm submitted her budget recommendations just last month, and I am glad to be saying that we are on schedule for most of it and will be working on those budgets in the next couple of weeks. At that time, however, she also proposed a capital outlay budget, and it is up to us to review those recommendations that she has made and change them if we see fit. As I see it, we should pass this budget and make those proposals a reality as swiftly and decisively as we can so that those funds can be disbursed.

The Governor’s proposal includes nearly $1 billion for university and community college construction projects and $42 million in renewable energy incentives to those institutions that will make sure the government’s green is going toward the construction of cleaner and greener buildings. This is exactly the type of economic stimulus that Michigan needs right now.

In the short-term, it means more jobs for building and constructions workers in our state. In the long-term, these are projects that will improve our college and universities by building up programs that will help diversify our economy and create 21st century jobs. The choice is ours. We can either be a roadblock or a red carpet for economic growth here in Michigan.

The urgency that has surrounded some of these projects should apply to all of them, as these are projects that are important to the economy. We run the risk of losing $100 million in federal funds attached to some projects if we don’t act soon, and many of our colleges and universities have been waiting several years for their projects to be approved. They have already been delayed and postponed for too long, and with our budget responsible for up to 75 percent of these project costs, they will never get off the ground without our support. Each of the ten proposed projects for our state’s public universities were identified as the No. 1 building priority for that school. Of those No. 1 priorities for growth and expansion, they could end up delayed yet another year because we are second-guessing.

These airports, agencies, and institutions have a great deal of money attached to these building projects that will create jobs, spur growth, and stimulate economic development and encourage health and technology services. We could be putting building and construction workers to work right now while also laying the groundwork for future job growth by investing in higher education in high-growth sectors of the economy like life sciences.

All of these ventures are vital to the state’s economic development, and we shouldn’t delay any one of them any further. This budget deserves to be passed without delay, and I hope we do that soon.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 158, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

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.

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. 760, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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. 945, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending sections 3 and 7 (MCL 445.63 and 445.67), section 3 as amended by 2006 PA 566, and by adding section 7a.

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. 1191, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2006 PA 594.

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

House Bill No. 4938, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 279.

With the recommendation that the bill be referred to the Committee on Economic Development and Regulatory Reform.

Wayne Kuipers

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee on Economic Development and Regulatory Reform.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 11, 2008, at 1:00 p.m., Room 210, Farnum Building

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1168, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 455.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1169, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4cc (MCL 205.54cc), as added by 2006 PA 657; 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.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1170, entitled

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

Senate Bill No. 1171, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 367.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

Senate Bill No. 1172, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1173, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 457.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1174, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 3 (MCL 207.803), as amended by 2007 PA 62.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

Senate Bill No. 1175, entitled

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

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1176, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 459.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1177, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 2A; 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.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1178, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 125.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1179, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 337.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1180, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 512.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1181, 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.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1182, entitled

A bill to authorize local units of government to provide free use of local government property for film production.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

The Committee on Commerce and Tourism reported

Senate Bill No. 1183, entitled

A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending section 2 (MCL 399.702), as amended by 2002 PA 508.

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, Gilbert, Stamas, Clarke and Hunter

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Tourism submitted the following:

Meeting held on Tuesday, March 11, 2008, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Gilbert, Stamas, Clarke and Hunter

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Joint meeting held on Tuesday, March 11, 2008, at 11:00 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Van Woerkom (C), Gilbert, Birkholz, Gleason and Whitmer

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture submitted the following:

Joint meeting held on Tuesday, March 11, 2008, at 11:00 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Brown (C), Jelinek and Scott

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Retirement submitted the following:

Meeting held on Tuesday, March 11, 2008, at 12:00 noon, Room 810, Farnum Building

Present: Senators Jansen (C) and Cherry

Excused: Senator Kahn

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Tuesday, March 11, 2008, at 2:15 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Brown, Garcia, Switalski and Clark-Coleman

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Wednesday, March 12, 2008, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hardiman (C) and McManus

Excused: Senator Clark-Coleman

Scheduled Meetings

Appropriations -

Subcommittees -

Community Health Department - Thursday, March 13, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

State Police and Military Affairs - Thursdays, April 24, May 1, and May 8, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Commerce and Tourism - Thursday, March 13, 9:00 a.m., Room 210, Farnum Building (373-2413)

Energy Policy and Public Utilities - Thursday, March 13, 1:00 p.m., Room 210, Farnum Building (373-7350)

Legislative Commission on Government Efficiency - Friday, March 21, 8:30 a.m., Room 426, Capitol Building (373‑0212)

Legislative Commission on Statutory Mandates - Wednesday, March 26, 2:00 p.m., Oakland County Executive Office Building, Building 41-West, Conference Center/West Oakland Room, 2100 Pontiac Lake Road, Waterford (373-0212)

Legislative Retirement Board of Trustees - Thursday, March 13, 2:00 p.m., Room H-252, Capitol Building (373-0575)

State Drug Treatment Court Advisory Committee - Tuesday, March 25, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 12:21 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Thursday, March 13, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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