No. 15

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, February 14, 2008.

10:00 a.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—present 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

Pastor Bill Hales of Lutheran Church of Our Saviour of Westland offered the following invocation:

Lord God, we thank You for this great nation and this great state that You have so graciously given us to live in. You have told us to pray for our governmental leaders and so we pause today to pray for these leaders and their families. We lift up our Governor and our Lieutenant Governor and all the other officials of our state. Continue now to give them the wisdom and encouragement to work together for the good of our state.

In Your Son’s name we pray. Amen.

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

Motions and Communications

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

The motion prevailed.

Senator Cropsey moved that Senators Garcia and Pappageorge be temporarily excused from today’s session.

The motion prevailed.

Senators McManus, Pappageorge and Clarke entered the Senate Chamber.

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

House Bill No. 5032

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

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 12:

House Bill Nos. 4627 4645 5189 5322 5384 5582 5583 5632

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 13:

House Bill Nos. 4596 5174 5186 5187 5188 5287 5288 5289 5290 5291 5476

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, February 13, and are available at the legislative website:

House Bill Nos. 5697 5698 5699 5700 5701 5702 5703 5704 5705 5706 5707 5708 5709 5710

5711 5712 5713 5714 5715 5716 5717 5718 5719 5720 5721

House Joint Resolution OO

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

The motion prevailed.

The following messages from the Governor were received and read:

February 13, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Sections 16121 and 16621 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.16621:

Michigan Board of Dentistry

Mr. Timothy R. Schmakel, D.D.S., M.D., of 932 Lamppost Lane, Bloomfield, Michigan 48304, county of Oakland, succeeding Martin J. Tuck, whose term has expired, representing dentists with health profession specialty certification, for a term commencing February 13, 2008 and expiring June 30, 2011.

Ms. Charlene M. Snow of 17517 Birchcrest Drive, Detroit, Michigan 48221, county of Wayne, succeeding Verne M. Primack, whose term has expired, representing the general public, for a term commencing February 13, 2008 and expiring June 30, 2011.

Mr. Craig W. Spencer, D.D.S., of 1100 Harrington Lane, East Lansing, Michigan 48823, county of Ingham, succeeding Amy C. Parker, whose term has expired, representing dentists, for a term commencing February 13, 2008 and expiring June 30, 2011.

Ms. Charlotte J. Wyche of 232 Pierce Lake Drive, Chelsea, Michigan 48118, county of Washtenaw, succeeding Jane F. Halaris, whose term has expired, representing dental hygienists, for a term commencing February 13, 2008 and expiring June 30, 2011.

Ms. Jo Ann Buchheister of 5573 Woodfield Drive, Troy, Michigan 48098, county of Oakland, reappointed to represent dental assistants, for a term expiring June 30, 2011.

Mr. Solomon K. Pesis, D.D.S., of 1801 West Maple Road, Milford, Michigan 48381, county of Oakland, reappointed to represent dentists, for a term expiring June 30, 2011.

February 13, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Section 4 of 1973 PA 196, MCL 15.344:

Board of Ethics

Mr. Frederick P. Dillingham, a Republican, of 3335 North Cedar Road, Fowlerville, Michigan 48836, county of Livingston, reappointed for a term expiring February 7, 2012.

Mr. Frank J. Kelley, a Democrat, of 101 South Washington Square, Lansing, Michigan 48933, county of Ingham, reappointed for a term expiring February 7, 2012.

Mr. Paul M. Yedwab, an Independent, of 3570 Edgewood Park Drive, Commerce Township, Michigan 48382, county of Oakland, reappointed for a term expiring February 7, 2012.

February 13, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office under Section 91 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.191:

Investment Advisory Committee

Mr. Glenn P. Murray of 31275 Bingham Road, Bingham Farms, Michigan 48025, county of Oakland, succeeding Robert E. Swaney, whose term has expired, representing the general public, for a term commencing February 13, 2008 and expiring December 15, 2010.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

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

The motion prevailed.

By unanimous consent the Senate proceeded 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. 865

House Bill No. 4650

Senate Bill No. 192

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 865, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839), section 5805 as amended by 2002 PA 715 and section 5839 as amended by 1985 PA 188.

The question being on the passage of the bill,

Senator Cropsey moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

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 Richardville 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 with a substitute therefor, the following bill:

Senate Bill No. 364, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 2, 5, 6, 9, 18, 20, 22, 23, and 27 (MCL 125.2872, 125.2875, 125.2876, 125.2879, 125.2888, 125.2890, 125.2892, 125.2893, and 125.2897), sections 5 and 18 as amended by 2007 PA 44.

Substitute (S-4).

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

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

Senate Bill No. 1076, 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 section 1 (MCL 125.1651), as amended by 2006 PA 659.

Substitute (S-1).

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

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

House Bill No. 5032, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 102, 103, 202, 208, 301, 401, 407, 601, 604, 606, and 702 (MCL 125.3102, 125.3103, 125.3202, 125.3208, 125.3301, 125.3401, 125.3407, 125.3601, 125.3604, 125.3606, and 125.3702).

Substitute (S-2).

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

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

House Bill No. 4684, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 707, 801, 901, 906, 1015, and 1025 (MCL 436.1707, 436.1801, 436.1901, 436.1906, 436.2015, and 436.2025), section 906 as amended by 2000 PA 431 and section 1025 as amended by 2002 PA 725.

Substitute (S-4).

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

During the Committee of the Whole, Senators Garcia and Barcia entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 865, entitled

(This bill was read a third time earlier today and consideration postponed. See p. 205.)

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. 44 Yeas—31

Allen Cherry Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brown Gleason Olshove Van Woerkom

Cassis Hardiman Pappageorge

Nays—7

Brater Hunter Scott Whitmer

Clark-Coleman Schauer Thomas

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Thomas, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 865.

Senator Thomas’ statement is as follows:

Mr. President, I voted “no” on Senate Bill No. 865 not because I didn’t support the necessary fix to a Supreme Court decision that I disagreed with. I voted “no” because there are a number of issues of the Supreme Court in the state of Michigan that have pending legislative challenges before this body. I believe that if we are actually looking to make the changes for architects, engineers, and construction contractors, we need to make the similar change and support House Bill No. 4301, which affects many members of the legal learned profession.

My desire is to have a complete legislative package that addresses each of the court decisions that this Legislature, I think, overwhelmingly disagrees with. Absent that opportunity to vote on House Bill No. 4301, I could not in good conscience support Senate Bill No. 865.

The following bill was read a third time:

House Bill No. 4650, entitled

A bill to revise the standards under which courts of this state recognize foreign money judgments; to establish procedures for the recognition of foreign money judgments; to limit the time within which an action to enforce a foreign money judgment may be commenced; to make uniform the law relating to the enforcement of foreign money judgments; 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. 45 Yeas—38

Allen Clark-Coleman Jansen 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 Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Cropsey moved that the bill be given immediate effect.

On which motion Senator Cropsey requested the yeas and nays.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, as follows:

Roll Call No. 46 Yeas—23

Allen Cropsey Jelinek Prusi

Anderson Garcia Kahn Richardville

Barcia George Kuipers Sanborn

Birkholz Gilbert McManus Stamas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jansen Patterson

Nays—6

Hunter Scott Thomas Whitmer

Schauer Switalski

Excused—0

Not Voting—9

Basham Cherry Clarke Jacobs

Bishop Clark-Coleman Gleason Olshove

Brater

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Schauer’s statement is as follows:

I rise to make a presentation to one of our staff members who is leaving us. I would like to share the microphone with Senator Switalski. Arwen Winters started as an intern in his office. Arwen, we’d like to present this Special Tribute. Senator Thomas, would you join us as well.

We thank you for your work here on our central staff serving all of our members in many roles. You have been responsible for strengthening and creating a top-notch intern program. So you took your experiences as an intern and have helped to train others. We wish you the best with your new boss. We know we’ll be continuing to work together and you’ll be serving the people of our state.

So join me in thanking Arwen Winters for her work for the Michigan Senate.

Senator Switalski’s statement is as follows:

Arwen came to me and served very well in my office and was snapped up by the Senate Democrats. Now she has been snapped up by a House member, Representative Angerer. She’s going to take what she’s learned over here in the Senate and give some guidance to the lower chamber over there. We’re going to miss her and wish her the best of luck.

The following bill was read a third time:

Senate Bill No. 192, entitled

A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending section 3 (MCL 32.273), as amended by 2002 PA 121.

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. 47 Yeas—38

Allen Clark-Coleman Jansen 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 Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Concurrent Resolution No. 22

The motion prevailed.

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

Senate Resolution No. 148

The resolution consent calendar was adopted.

Senators Pappageorge, Hardiman and Birkholz offered the following resolution:

Senate Resolution No. 148.

A resolution commemorating March 2008 as Ethnic and Cultural Heritage Month in the state of Michigan.

Whereas, The culture of the people of the state of Michigan has continually been renewed and enriched by the many different individuals who have chosen to come to Michigan, become citizens, and call this state their home; and

Whereas, Each individual brings with them a part of his or her own heritage which over time integrates into one common heritage, leading us to become united people; and

Whereas, As unified people with one common heritage, we represent the past, present, and future traditions of our great state; and

Whereas, As united citizens, we celebrate Michigan’s heritage with pride and great esteem; now, therefore, be it

Resolved by the Senate, That we herby proclaim March 2008 as Ethnic and Cultural Heritage Month in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Royal Oak resident Joan Larson, who originated this idea years ago, as a token of our highest esteem.

Senators Anderson, Barcia, Brater, Cassis, Cherry, Clarke, Cropsey, Gleason, Hunter, Jacobs, Kuipers, Richardville and Switalski were named co‑sponsors of the resolution.

Senators Scott and Jansen offered the following resolution:

Senate Resolution No. 149.

A resolution commemorating 2008 Legislative Build.

Whereas, People from all walks of life deserve affordable housing in safe and thriving communities; and

Whereas, In order to become productive citizens, people need decent and affordable places to live; and

Whereas, Providing resources to those who lack access to adequate housing is an integral requirement of our housing policies; and

Whereas, Efforts to meet the housing and economic needs of Michigan communities must be promoted, supported, and encouraged; and

Whereas, Neighborhood improvements enhance the desirability of our communities and increase pride in those communities. Neighborhood cleanups and fix-ups foster pride, cultivate dignity, and create a sense of community spirit. Demolitions and deconstructions further reduce blight and increase safety and neighborhood improvement efforts; and

Whereas, The development of downtown areas enhances the economic viability of our communities. Vibrant and attractive downtown districts attract both residents and visitors; and

Whereas, Healthy downtown districts and livable neighborhoods are the foundation of Michigan’s past, present, and future; and

Whereas, A broad-based coalition of agencies, associations, and organizations has come together to encourage and participate in such efforts, including Habitat for Humanity of Michigan and its 78 affiliates; Community Economic Development Association of Michigan (CEDAM) and its nearly 200 member organizations; Community Development Advocates of Detroit (CDAD) and its 60-plus members; Michigan Coalition Against Homelessness and its 500 members; and the Michigan Community Action Agency Association and its 30 member agencies; and

Whereas, All Michigan legislators are being invited to take part in the Legislative Build by volunteering one day on a project in their district during May through August of 2008; and

Whereas, Tuesday, August 19, 2008, has been declared Legislative Build Celebration Day, a day when legislators, advocacy groups, and the public can celebrate the completion of Legislative Build projects in their legislative districts; now, therefore, be it

Resolved by the Senate, That we hereby commemorate the 2008 Legislative Build effort to help educate and engage Michigan legislators in the work of hundreds of community-based organizations, while showcasing hundreds of local housing and economic development efforts that will make Michigan a safe, healthy, and welcoming place to live; and be it further

Resolved, That a copy of this resolution be transmitted to the Steering Committee of the 2008 Legislative Build as evidence of our esteem for its leadership and service in local housing and other economic development efforts.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations and Reform,

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

Senator Cropsey moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Introduction and Referral of Bills

Senators Allen, Kahn, Stamas, Barcia and Birkholz introduced

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.

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

Senators Allen, Jelinek, Hardiman and Birkholz introduced

Senate Bill No. 1116, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).

The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.

Senators Pappageorge, Bishop, Jelinek, Patterson, Kahn, Birkholz, Hardiman and Allen introduced

Senate Bill No. 1117, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 365.

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

House Bill No. 4627, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” (MCL 37.2101 to 37.2804) by adding section 202b.

The House of Representatives has passed the bill.

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

House Bill No. 4645, entitled

A bill to amend 1939 PA 21, entitled “Regulatory loan act,” by amending the title and section 1 (MCL 493.1), the title as amended by 2001 PA 270 and section 1 as amended by 2002 PA 393, and by adding section 16.

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

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

House Bill No. 5189, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43537, 74117, and 83106 (MCL 324.43537, 324.74117, and 324.83106), section 43537 as amended by 2007 PA 60, section 74117 as amended by 2006 PA 477, and section 83106 as amended by 2004 PA 587.

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

The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.

House Bill No. 5322, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177a (MCL 380.1177a), as added by 2005 PA 240.

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

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

House Bill No. 5384, entitled

A bill to amend 1976 PA 448, entitled “Michigan energy employment act of 1976,” by amending sections 3, 5, 6, 9, 11, 21, 24, 31, 34, 36, 37, 43, and 44 (MCL 460.803, 460.805, 460.806, 460.809, 460.811, 460.821, 460.824, 460.831, 460.834, 460.836, 460.837, 460.843, and 460.844), section 5 as amended by 2002 PA 513 and section 44 as amended by 2002 PA 532, and by adding section 33a.

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 Energy Policy and Public Utilities.

House Bill No. 5582, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2000 PA 404.

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.

House Bill No. 5583, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 30 and 94 (MCL 207.1030 and 207.1094), section 30 as amended by 2002 PA 668.

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.

House Bill No. 5632, entitled

A bill to provide for family military leave from employment for certain relatives of an individual called to active military service; to prohibit retaliation; and to prescribe remedies.

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

The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.

Statements

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

The motion prevailed.

Senator Scott’s statement is as follows:

Ralph Ellison, the noted African-American author, tells us, “Fate is determined by what one does and doesn’t do.” Well, my concern is for the fate of every driver and every homeowner in Michigan. I hope to heaven that their fate is determined by what I do rather than what you don’t do.

I am seeking financial relief for an entire population. I am seeking fairness in the assessment of insurance premiums. I am seeking equality in the treatment of Michigan residents by profit-bloated, greedy insurance companies, and standing before you every session day is one of the things I do to see that justice prevails. Let me leave you with a question: What are you doing to assure that end?

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:52 a.m.

12:14 p.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Cropsey moved that the Committee on Transportation be discharged from further consideration of the following bill:

House Bill No. 4505, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b, 50a, 51a, 251b, 251d, 302, 303, 307, 310, 315, 318, 511, 728, 749, 801, 814, and 819 (MCL 257.40b, 257.50a, 257.51a, 257.251b, 257.251d, 257.302, 257.303, 257.307, 257.310, 257.315, 257.318, 257.511, 257.728, 257.749, 257.801, 257.814, and 257.819), section 40b as added by 1997 PA 100, section 50a as added and section 315 as amended by 1999 PA 118, sections 302, 303, and 307 as amended by 2006 PA 298, section 310 as amended by 2005 PA 141, section 728 as amended by 1993 PA 301, section 749 as amended by 1984 PA 331, section 801 as amended by 2006 PA 562, and section 819 as amended by 1990 PA 168.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4505

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Richardville as Chairperson.

House Bill No. 4505, entitled

Substitute (S-6).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 4505

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

The following bill was read a third time:

House Bill No. 4505, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b, 50a, 51a, 251b, 251d, 302, 303, 307, 310, 314, 315, 318, 511, 728, 749, 801, 814, and 819 (MCL 257.40b, 257.50a, 257.51a, 257.251b, 257.251d, 257.302, 257.303, 257.307, 257.310, 257.314, 257.315, 257.318, 257.511, 257.728, 257.749, 257.801, 257.814, and 257.819), section 40b as added by 1997 PA 100, section 50a as added and section 315 as amended by 1999 PA 118, sections 302, 303, 307, and 314 as amended by 2006 PA 298, section 310 as amended by 2005 PA 141, section 728 as amended by 1993 PA 301, section 749 as amended by 1984 PA 331, section 801 as amended by 2006 PA 562, and section 819 as amended by 1990 PA 168.

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. 48 Yeas—38

Allen Clark-Coleman Jansen 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 Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Richardville 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 with a substitute therefor, the following bill:

Senate Bill No. 1053, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 511 (MCL 208.1511).

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. 1054, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 105 (MCL 208.1105), as amended by 2007 PA 145.

Substitute (S-1).

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

1. Amend page 2, line 1, after “INDIVIDUAL” by inserting “IN HIS OR HER CAPACITY AS A PARTNER”.

2. Amend page 3, line 9, after “including” by inserting “BOTH OF”.

3. Amend page 3, following line 10, by inserting:

“(i) INCOME INCLUDED IN BUSINESS INCOME UNDER THIS SUBDIVISION INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:”.

4. Amend page 3, line 11, by striking out “(i)” and inserting “(A)”.

5. Amend page 3, line 15, by striking out “(ii)” and inserting “(B)”.

6. Amend page 3, line 18, by striking out “(iii)” and inserting “(C)”.

7. Amend page 3, line 23, by striking out all of line 23 through “BUSINESS” on line 3 of page 4 and inserting:

“(ii) Income not included in business income UNDER THIS SUBDIVISION”.

8. Amend page 4, line 5, after “(A)” by striking out “Personal investment” and inserting “INVESTMENT”.

9. Amend page 4, line 6, after “a” by striking out “personal”.

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. 1058, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 501 (MCL 208.1501).

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 1053

Senate Bill No. 1054

Senate Bill No. 1058

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

The following bill was read a third time:

Senate Bill No. 1053, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 511 (MCL 208.1511).

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. 49 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1054, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 105 (MCL 208.1105), as amended by 2007 PA 145.

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. 50 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1054.

Senator Jacobs’ statement is as follows:

I want to give my “no” vote explanation on this because in committee I had voted in favor of this bill because many of my constituents came to me—they needed a fix to this. I understood that they did, and I thought we could take care of this problem. If our goal is to fix problems, now all of the sudden, we’ve created another loophole, and now I have to vote against this bill that I supported in committee.

I want to explain that. I guess I’m frustrated with the fact that if we want these fixes to go through, I think we really need to take time and be a little bit more deliberative because we have to figure out what we want to fix and do something in a financially-prudent way and really, truly get this through the process. This now has to go over to the House, and it’s going to have to go to the Governor. If we really want to fix things for our friends in the business community, we should be working together to try to do that instead of creating now an additional problem that is going to force so many of us to vote against this.

That is my frustration.

The following bill was read a third time:

Senate Bill No. 1058, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 501 (MCL 208.1501).

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. 51 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Pappageorge introduced

Senate Bill No. 1118, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 410 (MCL 208.1410).

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

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 12:47 p.m.

1:00 p.m.

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Richardville, designated Senator Kuipers as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1038, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2007 PA 207.

Substitute (S-2).

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

1. Amend page 6, line 8, after “including” by inserting “BOTH OF”.

2. Amend page 6, following line 8, by inserting:

“(i) RECEIPTS INCLUDED IN GROSS RECEIPTS UNDER THIS SUBDIVISION INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:”.

3. Amend page 6, line 9, by striking out “(i)” and inserting “(A)”.

4. Amend page 6, line 13, by striking out “(ii)” and inserting “(B)”.

5. Amend page 6, line 16, by striking out “(iii)” and inserting “(C)”.

6. Amend page 6, line 22, by striking out all of line 22 through “BUSINESS” on line 2 of page 7 and inserting:

“(ii) Receipts excluded from gross receipts under this SUBDIVISION”.

7. Amend page 7, line 3, after “(A)” by striking out “Personal investment” and inserting “INVESTMENT”.

8. Amend page 7, line 4, after “a” by striking out “personal”.

9. Amend page 7, following line 23, by inserting:

“(AA) PROCEEDS FROM THE SALE OF DEPRECIABLE PROPERTY USED IN A TRADE OR BUSINESS THAT IS FULLY DEPRECIATED UNDER SECTION 168 OF THE INTERNAL REVENUE CODE.

(BB) AMOUNTS RECEIVED BY A TAXPAYER FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH A SERVICE PROVIDED TO A MEDICAID RECIPIENT OR BENEFICIARY WHO RECEIVES THAT CARE OR SERVICE AT A NURSING HOME. AS USED IN THIS SUBDIVISION, “NURSING HOME” MEANS THAT TERM AS DEFINED IN SECTION 20109 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.20109.

(CC) AMOUNTS PAID BY THE TAXPAYER FOR THE LICENSURE OR RENEWAL OF A LICENSE FOR THE TAXPAYER’S INSURANCE PRODUCERS INCLUDING ANY EXAMINATION FEES, FEES ASSOCIATED WITH CONTINUING EDUCATION OR PROGRAM STUDY FEES, AND ANY OTHER FEES NECESSARY TO ENSURE THAT EACH INSURANCE PRODUCER MAINTAINS HIS OR HER LICENSE REQUIRED UNDER THE LAWS OF THIS STATE TO SELL, SOLICIT, OR NEGOTIATE INSURANCE.

(DD) AMOUNTS PAID BY THE TAXPAYER FOR THE LEASE OF PERSONAL PROPERTY IF THE LEASE OF THE PERSONAL PROPERTY CONSTITUTES INTEGRAL PARTS OF THE TAXPAYER’S REGULAR TRADE OR BUSINESS OPERATIONS.

(EE) FOR A TAXPAYER LICENSED UNDER ARTICLE 25 OR 26 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2501 TO 339.2518 AND 339.2601 TO 339.2637, PAYMENTS TO AN INDEPENDENT CONTRACTOR LICENSED UNDER ARTICLE 25 OR 26 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2501 TO 339.2518 AND 339.2601 TO 339.2637.”.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 1038

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

The following bill was read a third time:

Senate Bill No. 1038, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2007 PA 207.

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. 52 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Prusi, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1038 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Prusi’s statement is as follows:

I believe it is fitting that we are acting here on this glorious holiday of love, Valentine’s Day. All the sweethearts out in the lobby now have their chocolates, diamonds, and furs and exemptions, exclusions, and withholding of taxes. So I guess on Valentine’s Day it is good to show a little love. On this one, the only love I am going to show is to my wife and not to the folks outside who have implored us to do all of these fine gifts on Valentine’s Day.

So I would encourage members to withhold their love, save their love for their actual loved ones, and vote “no” on this bill.

By unanimous consent the Senate returned to the order of

Messages from the House

Senator Cropsey moved that the following bill be placed at the head of the Messages from the House calendar:

Senate Bill No. 92

The motion prevailed.

Senate Bill No. 92, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 12101, 12102, 12103, 12105, 12107, 12111, 12112, and 12113 (MCL 324.12101, 324.12102, 324.12103, 324.12105, 324.12107, 324.12111, 324.12112, and 324.12113), sections 12101 and 12102 as amended by 2001 PA 165, sections 12103 and 12112 as amended by 2007 PA 75, and sections 12105 and 12107 as amended by 1998 PA 140, and by adding section 12102a.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 53 Yeas—38

Allen Clark-Coleman Jansen 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 Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

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

The Senate agreed to the full title.

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

Committee Reports

The Committee on Local, Urban and State Affairs reported

House Bill No. 5032, entitled

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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Birkholz, Allen, Gleason and Basham

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 Local, Urban and State Affairs submitted the following:

Meeting held on Tuesday, February 12, 2008, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Birkholz, Allen, Gleason and Basham

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Joint meeting held on Tuesday, February 12, 2008, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Meeting held on Tuesday, February 12, 2008, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary and Corrections submitted the following:

Meeting held on Wednesday, February 13, 2008, at 3:40 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Cropsey (C), Kahn and Brater

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Thursday, February 14, 2008, at 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus, Jelinek, Brown, Cropsey, Hardiman, Pappageorge, Switalski, Cherry, Clark-Coleman and Scott

Scheduled Meetings

Appropriations -

Subcommittees -

Community Colleges - Friday, February 22, 2:00 p.m., Mid Michigan Community College, 5805 E. Pickard Road, Mt. Pleasant; Monday, February 25, 1:30 p.m., Grand Rapids Community College, Main Building, 5th Floor, Board Room, 143 Bostwick Avenue, NE, Grand Rapids; and Wednesday, March 12, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

Community Health Department - Thursdays, February 21 and February 28, 1:00 p.m., and March 13, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Wednesdays, February 20, February 27, March 5 and March 12, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Tuesday, February 19, 1:00 p.m., Michigan State University, Radiology Building, 184 Service Road, East Lansing; Friday, February 22, 10:30 a.m., Alma College, Tyler-Van Dusen Campus Center, 614 W. Superior Street, Alma; Monday, February 25, 10:00 a.m., Grand Valley State University, Cook-DeVos Center for Health Sciences, 301 Michigan Street, NE, Grand Rapids; and Monday, March 3, 10:00 a.m., University of Michigan-Dearborn, Professional Education Center, 4901 Evergreen Road, Dearborn (373-2768)

Human Services Department and Families and Human Services - Tuesday, February 26, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Judiciary and Corrections - Wednesdays, February 20, February 27, March 5 and March 12, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

K-12, School Aid, Education - Tuesdays, February 19, February 26, March 4 and March 11, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Wednesday, February 20, 8:30 a.m., and Tuesdays, February 26 and March 11, 12:00 noon or later immediately following session, Room 405, Capitol Building (373-2768)

Retirement - Tuesday, February 19, 12:00 noon, Rooms 402 and 403, Capitol Building (373-2768)

State Police and Military Affairs - Thursday, February 21, 3:00 p.m., Rooms 402 and 403, Capitol Building (373‑2768)

Families and Human Services and Human Services Department Appropriations Subcommittee - Tuesday, February 26, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Legislative Council - Thursday, February 28, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 1:22 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, February 19, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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