No. 22

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Tuesday, March 4, 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 not 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—excused 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

Senator Deborah Cherry of the 26th District offered the following invocation:

Dear Lord, as we gather in this chamber together today, let us remember all that You have bestowed on us. Let us be reminded that in our public service, we are responsible for serving You. We ask that You guide our minds and our hearts when we make decisions in this magnificent place. Keep us mindful of the responsibility that we bear as we consider that which is best for our state and its citizens. Keep us honest and humble that we may bring honor to the office that we hold and glory to You.

May we put aside our political differences and work together on the many issues that confront us today, recognizing the significance of our actions and the effect those actions have on current and future generations of people who live and work in Michigan.

Grant this Senate, the House, our Lieutenant Governor, and Governor wisdom and strength to know Your will as we deliberate today. Amen.

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

Recess

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

The motion prevailed, the time being 10:03 a.m.

10:11 a.m.

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

During the recess, Senators Schauer, Basham, Gilbert, Jelinek, Kuipers, Bishop, Hardiman, Sanborn, Stamas, Jansen, Pappageorge, Brown, Kahn, Garcia, McManus, George, Cassis, Birkholz, Allen, Van Woerkom and Barcia entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

The following communication was received and read:

Office of the Auditor General

February 28, 2008

Enclosed is a copy of the following audit report:

Financial audit of the Michigan Tobacco Settlement Finance Authority, a blended component unit of the State of Michigan, for the period October 1, 2006 through September 30, 2007.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations and Reform.

The following communication was received:

Public Service Commission

March 3, 2008

The enclosed 2007 Annual Report is submitted on behalf of the Michigan Public Service Commission in accordance with Section 5a of 1989 PA 33; MCL 460.5a. The report is also available on the Commission’s website.

Throughout 2007, the Commission maintained its commitment to address the needs of Michigan’s low-income and senior citizens, awarding $72,000,000 for low-income energy assistance and $20,000,000 for low-income energy efficiency from the Low-Income and Energy Efficiency Fund. The awards provide immediate assistance for heating needs as well as longer term assistance in reducing future heating costs for low-income and senior citizens.

The Commission continued its consumer outreach efforts by hosting statewide consumer forums, making its Commission meetings available via podcast, handling 32,740 calls on its toll-free line, and assisting consumers and businesses with more than 9,244 electric and natural gas and 6,604 telecommunications complaints and inquiries.

The Commission issued 486 orders, consisting of 167 telecommunications, 165 electric, 69 natural gas, and 85 motor carrier orders.

Among the orders issued by the Commission during 2007 were approvals of the construction of eight new natural gas pipelines and issuance of a certificate of public convenience and necessity for the construction of an electric transmission line.

At the request of the City of Battle Creek and SEMCO Energy Gas Company, the Commission accepted regulatory oversight of the rates, terms, and conditions of natural gas service in the City of Battle Creek and neighboring areas.

The Commission also revised the retail natural gas rates of SEMCO Energy Gas Company and Consumers Energy Company and the retail electric rates of Wisconsin Public Service Corporation, Alpena Power Company, and Wisconsin Electric Power Company, d/b/a We Energies.

The Commission revised a number of its administrative rulemakings, including a complete revision of its Consumer Standards and Billing Practices Governing Electric and Gas Residential Service.

The Commission granted regulatory approvals requested by Consumers Energy Company associated with the utility’s sale of its Palisades Nuclear Power Plant. In so doing, the Commission ordered the utility to refund $255 million to its electric ratepayers during 2007 and 2008. The Commission estimated that the transaction will result in up to $700 million in additional energy savings over the next 15 years.

Finally, the Commission fulfilled the statutory obligation embodied in Section 10(3) of the Uniform Video Services Local Franchise Act, 2006 PA 480 (the Act), by proposing to the Legislature a process to be added to the Act that would allow the Commission to review (1) unresolved disputes between a provider and its customer, (2) disputes between a provider and a franchising entity, and (3) disputes between providers.

We continue to look forward to working with you on energy, utility, telecommunications, and motor carrier matters to enhance services to and ensure adequate protection for Michigan residents and businesses.

Very truly yours,

Orjiakor N. Isiogu, Chairman

Monica Martinez, Commissioner

Steven A. Transeth, Commissioner

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 28:

House Bill Nos. 4886 4902 5459 5543 5723

The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 29, for her approval of the following bills:

Enrolled Senate Bill No. 530 at 12:52 p.m.

Enrolled Senate Bill No. 750 at 12:54 p.m.

The Secretary announced that the following official bills were printed on Thursday, February 28, and are available at the legislative website:

Senate Bill Nos. 1137 1138

House Bill Nos. 5821 5822 5823 5824 5825 5826 5827

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

Senate Bill Nos. 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152

1153 1154 1155 1156 1157 1158 1159 1160

House Bill Nos. 5828 5829 5830 5831 5832 5833 5834 5835 5836 5837 5838 5839 5840 5841

5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855

5856

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:

Date: February 29, 2008

Time: 2:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 123 (Public Act No. 9), being

An act to amend 1982 PA 162, entitled “An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending sections 106, 133, 141, 143, 151, 404, 405, 407, 413, 421, 441, 446, 451, 521, 525, 901, 1103, and 1144 (MCL 450.2106, 450.2133, 450.2141, 450.2143, 450.2151, 450.2404, 450.2405, 450.2407, 450.2413, 450.2421, 450.2441, 450.2446, 450.2451, 450.2521, 450.2525, 450.2901, 450.3103, and 450.3144), sections 1103 and 1144 as added by 1984 PA 209, and by adding section 406a.

(Filed with the Secretary of State on February 29, 2008, at 3:16 p.m.)

Date: February 29, 2008

Time: 2:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 565 (Public Act No. 10), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 110 and 111 (MCL 750.110 and 750.111), section 110 as amended by 1994 PA 270.

(Filed with the Secretary of State on February 29, 2008, at 3:18 p.m.)

Date: February 29, 2008

Time: 2:52 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 97 (Public Act No. 15), being

An act to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 3f and 5l.

(Filed with the Secretary of State on February 29, 2008, at 3:28 p.m.)

Date: February 29, 2008

Time: 2:54 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 155 (Public Act No. 16), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2007 PA 220.

(Filed with the Secretary of State on February 29, 2008, at 3:30 p.m.)

Date: February 29, 2008

Time: 2:56 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 630 (Public Act No. 17), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 93.

(Filed with the Secretary of State on February 29, 2008, at 3:32 p.m.)

Date: February 29, 2008

Time: 2:58 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 682 (Public Act No. 18), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301, 8302, 8303, 8310, 8317, 8325, and 8715 (MCL 324.1301, 324.8302, 324.8303, 324.8310, 324.8317, 324.8325, and 324.8715), section 1301 as amended by 2004 PA 381, section 8302 as amended by 2002 PA 418, section 8303 as amended by 2004 PA 24, section 8310 as amended by 2004 PA 325, section 8317 as amended by 2007 PA 78, and section 8715 as amended by 2000 PA 100, and by adding section 8310a.

(Filed with the Secretary of State on February 29, 2008, at 3:34 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received and read:

February 29, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Section 4 of the Michigan Economic Growth Authority Act, 1995 PA 24, MCL 207.804:

Michigan Economic Growth Authority

Mr. Douglas C. Buckler of 14667 Hanover Road, Hanover, Michigan 49241, county of Jackson, succeeding Sande-Bain MacLeod, who has resigned, representing persons not employed by this state and having knowledge, skill, and experience in the academic, business, local government, labor, or financial fields, for a term commencing February 29, 2008 and expiring April 18, 2011.

Mr. Baldomero Garcia of 614 Riley Street, Lansing, Michigan, 48910, county of Ingham, reappointed to represent persons not employed by this state and having knowledge, skill, and experience in the academic, business, local government, labor, or financial fields, for a term expiring April 18, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

Messages from the House

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

Senate Bill No. 53

House Bill No. 4120

Senate Bill No. 511

House Bill No. 4507

Senate Bill No. 388

Senate Bill No. 868

The motion prevailed.

Senate Bill No. 523, entitled

A bill to authorize the state administrative board to convey certain state owned property in Lapeer county; to prescribe certain conditions for the conveyance; to prescribe certain powers and duties of the department of management and budget; and to provide for the disposition of the revenue derived from the conveyance.

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

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

Third Reading of Bills

Senator Hunter entered the Senate Chamber.

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

House Bill No. 5582

House Bill No. 5583

The motion prevailed.

The following bill was read a third time:

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 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. 98 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

Brown Hardiman Pappageorge Thomas

Cassis Hunter Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays—0

Excused—1

Brater

Not Voting—0

In The Chair: President

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

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

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

“An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”.

The Senate agreed to the full title.

The following bill was read a third time:

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 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. 99 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

Brown Hardiman Pappageorge Thomas

Cassis Hunter Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays—0

Excused—1

Brater

Not Voting—0

In The Chair: President

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

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

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

“An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

General Orders

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

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

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 748, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 4003.

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.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott, Cherry and Whitmer 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:

I rise today to share with you the words of James Hal Cone. Dr. Cone, as you all know, was the architect of Black theology. Dr. Cone is a highly-respected and nationally-recognized ordained minister and professor of theology and religion. He is the author of eleven books and more than 150 articles. He has lectured at more than 1,000 universities and community organizations throughout the United States, Europe, Africa, Asia, Latin America, and the Caribbean. Adrian College in Adrian, Michigan, was privileged to have him as a visiting professor in the 1970s.

Last November, Dr. Cone was the subject of “Bill Moyers Journal” on PBS, and Dr. Cone said, “Our future expectations must be turned into present realities.” Let me say that again: “Our future expectations must be turned into present realities.”

You are all well aware of my future expectations. I expect accessible, affordable, and fairly-priced insurance products for all Michigan residents. You have the ability to turn those expectations into realities. All you need to do is move my bills, move my bills, move my bills.

Senator Cherry’s statement is as follows:

I rise today to share some great news with this body. The Pew Center on the States and Governing magazine have recognized Michigan as an outstanding leader in the Government Performance Project report entitled, “Grading the States 2008.” Michigan was ranked as one of the best managed states in the nation and was acknowledged for being well-managed during a crisis. Only three states received a higher grade.

Governor Granholm was one of two governors who participated in the “Grading the States 2008” national briefing in Washington, D.C., yesterday, receiving an invitation from the Pew Center that was based on Michigan’s ability to manage well during a crisis. The Governor discussed how a strategic, statewide perspective drives all aspects of agency action in the state’s executive branch, even under the toughest of economic circumstances. Throughout her tenure, Governor Granholm and her administration have worked hard to ensure that we are spending tax dollars efficiently and in a way that provides the services citizens need and depend upon.

We appreciate the recognition from Pew and Governing magazine that even in tight budget times, we have made improvements in the way we operate state government.

Senator Whitmer’s statement is as follows:

I, too, rise to congratulate our state on this great distinction. In this report, Michigan received the highest score of any Midwestern state and scored higher in three out of four categories judged by the nationwide report card in 2005. We are improving; we are doing well.

Michigan received high marks in the area of information, infrastructure, and people and fell only slightly in the financial category, which evaluates states’ budgets. Only Utah, Virginia, and Washington scored higher than Michigan, and all received an A-.

I have the privilege of representing the very district we’re sitting in right now, and many of my constituents are the great employees who earned us the strong report card. They all deserve a share of this acknowledgement as well. During our budget crisis last year and undertaking the requested concessions made this year, they have made personal sacrifices on behalf of the state, and it’s good to know that their efforts, as well as those of our state government, have not gone unnoticed. I don’t want them to go unthanked.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Birkholz introduced

Senate Bill No. 1161, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as added by 2006 PA 28.

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

Senators Garcia, Pappageorge, Cropsey, Hardiman and Olshove introduced

Senate Bill No. 1162, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2006 PA 562, and by adding section 811r.

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

Senator Garcia introduced

Senate Bill No. 1163, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 3 (MCL 400.703), as amended by 1998 PA 442.

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

Senators Kahn, Barcia, Kuipers, Richardville, Pappageorge, Allen, Brown and Hardiman introduced

Senate Bill No. 1164, entitled

A bill to create a clean energy authority; to prescribe its powers and duties; to create the clean energy fund; to authorize the issuance of bonds, notes, and other evidences of indebtedness; and to provide an exemption from taxation.

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

Senators Barcia, Kahn, Brown, Kuipers, Hardiman, Pappageorge, Richardville, Gleason and Allen introduced

Senate Bill No. 1165, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 6q.

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

Senators Kuipers, Kahn, Brown, Hardiman, Barcia, Pappageorge and Richardville introduced

Senate Bill No. 1166, entitled

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

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

Senators Patterson, Kuipers, Whitmer, Birkholz, Kahn, Olshove and Brater introduced

Senate Bill No. 1167, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16265, 16315, 16335, 17801, 17820, 17821, and 17822 (MCL 333.16265, 333.16315, 333.16335, 333.17801, 333.17820, 333.17821, and 333.17822), section 16315 as amended by 2007 PA 166, section 16335 as added by 1993 PA 80, section 17801 as amended by 1987 PA 213, sections 17820 and 17821 as amended by 2006 PA 387, and section 17822 as amended by 2005 PA 281, and by adding sections 17808, 17823, 17824, 17825, 17849, 17850, 17854, 17856, 17862, 17864, 17866, 17868, 17870, 17872, 17878, 17882, and 17884.

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

Senators Kahn, Allen, Van Woerkom, Kuipers, Stamas, Brown, Gilbert, Jansen, Hardiman, Birkholz, McManus, Pappageorge, Cropsey, Richardville, Jelinek, George, Garcia, Cherry, Jacobs, Whitmer, Prusi, Gleason, Barcia, Thomas, Anderson, Schauer, Clarke, Olshove and Hunter introduced

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.