No. 30

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, March 20, 2008.

10:00 a.m.

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

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

Senator Bill Hardiman of the 29th District offered the following invocation:

Heavenly Father, we thank You for Your love and Your goodness. We bless Your precious holy name. Father, we’ve been in a very long, cold, and hard winter. Father, this winter that has set on Michigan is just not in our weather. Father, this long, cold, hard winter has touched us in our economy, our social lives, and, perhaps, even in our spiritual lives, Lord God. So, Father, we come to You today confessing that we’re desperate for You. We need Your warm hand of blessing. Father, I ask that You would rest and that Your Holy Spirit would hover over Michigan, even as You hovered over the earth.

I ask that You would speak forth words of renewal, words of springtime, and words of a new beginning over this great state, Lord God. Father, I would ask that You would pull back the long, cold icy fingers of winter from our economy; Lord God, from our businesses; Lord God, from our homes, Lord God; Father, from our social lives; and, Father, even bless us in our spiritual lives, Lord God. Help us to look to You, Lord God, who is the giver of life. Renew us, Lord God. May it be springtime in Michigan. We do declare today that it is springtime in Michigan. Father, may the buds of life begin to burst out all over, fresh green and many colors of the flowers, Lord God. Help us to see those, Lord God, and give us Your joy once again.

Father, for those in this chamber, yes, renew us as well, Lord God. Help us to know You better, and help us to be a blessing to the people of this great state.

So, Father, we thank You for springtime. We thank You for Your intervention. We thank You for Your words of life that You speak over us, that you sing over us. Father, I ask that You bless this session, Lord God. Bless all the proceedings; may it be done in accordance with Your will. Father, we come from different backgrounds, different walks of life, and even different faiths. You created us all and You love us all. I ask these rich, rich blessings in the precious name of Jesus Christ. Bless Michigan; bless America. Amen.

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

Motions and Communications

Senator Garcia entered the Senate Chamber.

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

The motion prevailed.

Senator Cropsey moved that Senators Kuipers, George, Kahn and Sanborn be temporarily excused from today’s session.

The motion prevailed.

Senators Kuipers and Jansen entered the Senate Chamber.

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. 1203

House Bill No. 5609

House Bill No. 5600

House Bill No. 5858

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

Senator Cropsey moved that the Committee on Government Operations and Reform be discharged from further consideration of the following appointment:

Michigan Natural Resources Trust Fund Board

Mr. Dennis C. Muchmore of 8822 West Lakepointe Drive, Laingsburg, Michigan 48848, county of Shiawassee, succeeding the late Marvin S. Washington, representing the general public, for a term commencing February 5, 2008 and expiring October 1, 2010.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 19:

House Bill Nos. 5526 5528 5531 5675 5779 5859 5865 5866 5867

The Secretary announced that the following official bills were printed on Wednesday, March 19, and are available at the legislative website:

Senate Bill Nos. 1213 1214 1215 1216 1217 1218 1219 1220 1223 1224 1225

House Bill Nos. 5904 5905 5906 5907 5908 5909

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 pro tempore, Senator Richardville, designated Senator Brater 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 without amendment, the following bill:

Senate Bill No. 1003, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2006 PA 508, and by adding section 3f.

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. 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.

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. 1203, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365, and by adding section 12b.

Substitute (S-3).

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. 5609, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.

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. 5600, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3, 4, 8a, 8d, 8e, and 10 (MCL 125.2683, 125.2684, 125.2688a, 125.2688d, 125.2688e, and 125.2690), section 3 as amended by 2006 PA 304, section 4 as amended by 2006 PA 440, section 8a as amended by 2006 PA 476, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2007 PA 186.

Substitute (S-3).

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

1. Amend page 5, line 19, after “13” by striking out “14” and inserting “17”.

2. Amend page 5, line 24, after “13” by striking out “14” and inserting “17”.

3. Amend page 6, line 6, after “fund.” by striking out the balance of the line through “company.” on line 12.

4. Amend page 6, line 14, by striking out “14” and inserting “17”.

5. Amend page 6, line 17, after “purposes.” by inserting “THE BOARD OF THE MICHIGAN STRATEGIC FUND MAY DESIGNATE NOT MORE THAN 1 OF THE 17 ADDITIONAL RENAISSANCE ZONES DESCRIBED IN THIS SUBSECTION AS A PHARMACEUTICAL RECOVERY RENAISSANCE ZONE. A PHARMACEUTICAL RECOVERY RENAISSANCE ZONE SHALL PROMOTE THE DEVELOPMENT OR REDEVELOPMENT OF EXISTING UNDERUTILIZED FACILITIES CURRENTLY OCCUPIED OR FORMERLY OCCUPIED BY A PHARMACEUTICAL COMPANY.”.

6. Amend page 7, line 21, by striking out all of subdivision (a) and inserting:

“(A) “PHARMACEUTICAL RECOVERY RENAISSANCE ZONE” MEANS A RENAISSANCE ZONE THAT INCLUDES A GEOGRAPHIC AREA THAT IS LOCATED IN 1 OR BOTH OF THE FOLLOWING:

(i) IN A CITY WITH A POPULATION OF MORE THAN 70,000 AND LESS THAN 85,000 AND IN A COUNTY WITH A POPULATION OF MORE THAN 235,000 AND LESS THAN 250,000.

(ii) IN A CITY WITH A POPULATION OF MORE THAN 42,000 AND LESS THAN 55,000 AND IN A COUNTY WITH A POPULATION OF MORE THAN 235,000 AND LESS THAN 250,000.”.

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

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

House Bill No. 5858, entitled

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

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 Sanborn, George, Clarke, Kahn, Bishop and Gleason entered the Senate Chamber.

By unanimous consent the Senate returned 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.

Michigan Natural Resources Trust Fund Board

Senator Cropsey moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 156 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

Senators Birkholz, Basham, Gleason and Kahn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Birkholz’s statement is as follows:

Yesterday our committee held a hearing with Dennis Muchmore, who has been nominated to serve on the Natural Resources Trust Fund Board; actually, quite an extensive, long hearing with lots of discussion. Dennis Muchmore is extremely qualified to fulfill this position. He is the current executive director of the Michigan United Conservation Clubs. He has served as executive vice president of an international executive recruiting firm and was of counsel at Muchmore Harrington Smalley & Associates. He’s also a member of the Board of Directors of the Great Lakes Fishery Trust, Liberty Renewable Fuels, GreenStone Farm Credit, Phoenix Composite Solutions, and many other boards. He has served as a trustee at Oakland University and Lansing Community College Foundation.

His qualifications and his vita make him extremely qualified to serve, but most important, Mr. Muchmore is a very thoughtful, thorough, forward-thinking board member of the boards on which he serves now. He is looking forward to dealing with some of the solution-finding that we need on the Natural Resources Trust Fund Board. We feel very strongly that he will be an involved and very strong board member of the Natural Resources Trust Fund Board. Our committee unanimously endorsed him as a member of the Trust Fund Board.

Senator Basham’s statement is as follows:

I echo the remarks of the Senator from the 24th District. I think Governor Granholm got it right. I think that Dennis Muchmore is a perfect match for the Natural Resources Trust Fund Board. I think he will add a lot of experience and expertise to the board. And for all her reasons and numerous other good accolades that we could lay on Mr. Muchmore, I would encourage members to support his appointment to the Natural Resources Trust Fund Board.

Senator Gleason’s first statement is as follows:

I hate to overkill this, but Dennis Muchmore, I think, is more than highly qualified for this position. He’s been doing an extremely outstanding job, as the previous speaker had mentioned, with the MUCC. As an outdoorsman, fisher man, hunter, and shooter, I think that it is very appropriate that we have someone who reflects our views and someone who can have oversight in the fields and the streams across Michigan.

I know that Dennis Muchmore will put as much priority on these issues as he has in the past with the issues that he’s handled in a very professional and meaningful way. Mr. President, I add my voice to the multitudes that say Dennis Muchmore is the appropriate appointment for this position.

Senator Kahn’s statement is as follows:

Senator Gleason and I today have had the pleasure of having a ceremonial bill signing for our Gift of Life bills, bills that we both worked long and hard on. At that bill signing, we had a family from Saginaw where I come from and the hospital that I practice medicine at—Covenant—they made a gift of organs to save many lives. In thinking about that gift, it is more than lifesaving. It is inspiring to us all and urges us all to consider getting our driver’s licenses inclusive of a heart.

We have with us today Keith, Jessica, Tyler, and Kendall Horning. I’m delighted that standing next to me is Senator Gleason who wishes to speak on this subject himself.

Senator Gleason’s second statement is as follows:

I join voices, concerns, and compassion on behalf of Senator Kahn and myself and the whole Senate. Only a few weeks ago we addressed the Uniform Anatomical Gift Act, a magnificent bipartisan, bicameral effort. We are joined today up in the Gallery by an example that we all should know about. This is a story about our business and what we do every single day. Senator Kahn mentioned a young fellow, five months old, and I know this is hard for the family to hear again and it’s just as difficult for me to speak about.

Young Kyle Horning, five months old, he expired. His parents wanted to give the greatest gift that any of us can give—the opportunity to live a more full life. Kyle Horning, five months old, with the guidance given by his mother and father—who join us here today—gave his kidneys to a forty-something-year-old woman in Pennsylvania. He was only five months old. He gave his heart and his liver, if I remember correctly, to recipients in other states—five months old.

Now we have heroes that come in many different forms. We salute on a regular basis memorial resolutions on this very floor for the fallen soldiers and heroes of our country. On behalf of the military, on behalf of the police and fire, we remember those who have done remarkable and courageous things.

We are joined today in the Gallery by a family who knows courage, knows compassion, and knows life. And, unfortunately, they know death. I would ask that you join Senator Kahn and myself in welcoming a truly heroic, compassionate family that saved lives in other states. Our legislation that we worked on only a few days ago exemplified how important this legislation is that we worked together on. I know that the work we did ten days ago is a reflection and a memorial to five-month-old Kyle Horning.

I would close with these remarks: Keith Horning gave me the greatest honor to attend the funeral of five-month-old Kyle Horning in the lonely and deserted cemetery up in Millington, Michigan. Even though it was subdued and quite lonely in that cemetery at that particular time, we knew that his voice and his human parts rang across this country. Now that bill that was implemented, signed into law by Governor Granholm, was initiated by Representative Joe Hune—our colleague in the other chamber. We owe a great deal of thanks to many, many people with many, many different beliefs.

If we could give the Horning family a heroic and a very benevolent welcome here to our Capitol.

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 Brater as Chairperson.

House Bill No. 5845, 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 bill was placed on the order of Third Reading of Bills.

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

House Bill No. 5843, 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 are the amendments 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.”.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 5843

House Bill No. 5845

Senate Bill No. 1203

House Bill No. 5609

House Bill No. 5600

House Bill No. 5858

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

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

House Bill No. 4416

House Bill No. 4417

House Bill No. 5665

House Bill No. 5841

House Bill No. 5842

House Bill No. 5844

House Bill No. 5848

House Bill No. 5852

House Bill No. 5853

House Bill No. 5854

House Bill No. 5855

House Bill No. 5843

House Bill No. 5845

Senate Bill No. 1203

House Bill No. 5609

House Bill No. 5600

House Bill No. 5858

The motion prevailed.

The following bill was read a third time:

House Bill No. 4416, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2501 and 2512 (MCL 339.2501 and 339.2512), section 2501 as amended by 2003 PA 196 and section 2512 as amended by 2002 PA 42, and by adding section 2512d.

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. 157 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.

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

“An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4417, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2517 (MCL 339.2517), as amended by 2000 PA 436.

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. 158 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.

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5665, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” (MCL 484.2101 to 484.2604) by amending the title; 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. 159 Yeas—37

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey 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—1

Garcia

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.

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

“An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5841, entitled

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

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. 160 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

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays—1

Cassis

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.

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

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5842, 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. 161 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.

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

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5844, 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. 162 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.

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

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5848, 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. 163 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.

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

“An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5852, 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. 164 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.

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

“An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5853, 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. 165 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.

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

“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,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5854, 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.

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. 166 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 title of the bill.

The following bill was read a third time:

House Bill No. 5855, 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. 167 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 title of the bill.

The following bill was read a third time:

House Bill No. 5843, 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. 168 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 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 requested the yeas and nays.

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

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

Roll Call No. 169 Yeas—23

Allen Garcia Kahn Sanborn

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brown Hardiman Pappageorge Thomas

Cassis Jansen Patterson Van Woerkom

Cropsey Jelinek Richardville

Nays—10

Anderson Cherry Prusi Scott

Barcia Jacobs Schauer Whitmer

Brater Olshove

Excused—0

Not Voting—5

Basham Clarke Gleason Hunter

Clark-Coleman

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The question being on the motion to give the bill immediate effect,

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

The motion prevailed.

The following bill was read a third time:

House Bill No. 5845, 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,

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

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1203, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” (MCL 125.2151 to 125.2174) by adding section 12b.

The question being on the passage of the bill,

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

Roll Call No. 170 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 Senate agreed to the title of the bill.

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

House Bill No. 5843, entitled

(This bill was passed earlier today and motion for immediate effect postponed temporarily. See p. 514.)

The question being on the motion to give the bill immediate effect,

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5609, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.

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. 171 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.

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

“An act to encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain public entities and state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5600, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 4, 8a, and 12 (MCL 125.2684, 125.2688a, and 125.2692), section 4 as amended by 2006 PA 440, section 8a as amended by 2006 PA 476, and section 12 as amended by 2002 PA 745.

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. 172 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.

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

“An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,”.

The Senate agreed to the full title.

The following bill was read a third time:

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 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. 173 Yeas—36

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cherry Hunter Patterson Whitmer

Nays—1

Cassis

Excused—0

Not Voting—1

Thomas

In The Chair: Richardville

Senator Anderson moved that Senator Thomas be excused from the balance of today’s session.

The motion prevailed.

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:

The Senate agreed to the full title.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5858 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:

Once again, this bill contains refundability or, better defined, a direct government monetary subsidy of a private corporation. Just last Sunday, an article was in The Oakland Press—and I’m going to read it verbatim—speaking about the Michigan Economic Development Corporation pulling job creation numbers out of the air. The article goes on to state, “This was not the only example of the agency trying to take credit for jobs that did not exist. The Hemlock Semiconductor Corporation in 2004 actually disavowed job creation claims made by the MEDC on a project for which it had received a mega deal.” Again, we are talking about Hemlock today.

Ironically, government just raised taxes—the Michigan business tax, the surcharge, and an increase on the income tax. Isn’t it ironic that now after raising taxes, we’re giving away dollars to a selected few? We have to raise the question, as has already been raised by my good colleagues on the other side of the aisle in this body, what are the costs to this budget? Do we pay for this from Corrections, education, public health, and services? Or despite all the rhetoric to the contrary, will the hole in the budget have to be filled with another round of tax increases?

I will vote “no.” I leave it up to all of you to vote your conscience on this bill.

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

House Bill No. 5845, 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.

(This bill was read a third time earlier today and consideration postponed. See p. 515.)

The question being on the passage of the bill,

Senator Kuipers offered the following amendments:

1. Amend page 13, line 4, after “investment.” by striking out the balance of the line through “tissue.” on line 21 of page 17.

2. Amend page 18, line 11, by striking out all of sub-subparagraph (E) and relettering the remaining sub-subparagraph.

The amendments were 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. 174 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—16

Anderson Cherry Hunter Schauer

Barcia Clark-Coleman Jacobs Scott

Basham Clarke Olshove Switalski

Brater Gleason Prusi Whitmer

Excused—1

Thomas

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.

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

The Senate agreed to the full title.

Recess

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

The motion prevailed, the time being 11:49 a.m.

12:30 p.m.

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

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. 161

Senate Resolution No. 162

The resolution consent calendar was adopted.

Senator Jansen offered the following resolution:

Senate Resolution No. 161.

A resolution to recognize and declare the third week of March 2008 as Carbon Monoxide Awareness Week.

Whereas, Carbon monoxide is produced by furnaces, common household appliances, vehicles, generators, fireplaces, and other systems that are powered by the burning of fuel that includes, but is not limited to, natural gas, propane, gasoline, oil, and wood; and

Whereas, Carbon monoxide is a colorless, odorless, and tasteless poison gas that can be fatal when inhaled, and it is known as “the silent killer” because it cannot be seen, smelled, or tasted; and

Whereas, Carbon monoxide is the leading cause of accidental poisoning deaths in the United States; and

Whereas, The Journal of the American Medical Association has determined that carbon monoxide claims more than 2,000 lives each year; and

Whereas, The American Association of Poison Control Centers reports that there are 40,000 emergency room visits from suspected carbon monoxide poisoning and 20,000 health-related injuries each year; and

Whereas, The Mayo Clinic concludes that 51 percent of all carbon monoxide poisoning cases reported involve children six years of age and under; and

Whereas, The Consumer Product Safety Commission recognizes that older adults more frequently have pre-existing health conditions that affect the heart, lungs, and circulatory system, and the presence of one or more of these conditions lowers a victim’s tolerance and increases the risk of a fatal carbon monoxide exposure; and

Whereas, In 2001, 25 percent of the carbon monoxide poisoning deaths from home-related products were adults 65 years of age and older; and

Whereas, A January 2006 article in the Journal of the American Medical Association showed that for individuals who had been involved in carbon monoxide poisoning and survived, there was a three-fold increase in coronary artery disease seven years later when compared to patients who were not poisoned; and

Whereas, The Carbon Monoxide Health and Safety Association has determined that the combined medical cost of carbon monoxide accidents, lost productivity, and lost wages amounts to $8.8 billion per year; and

Whereas, Public education and awareness about carbon monoxide poisoning are critical to protecting residents of Michigan from the dangers of this deadly gas and the risk factors in the home; and

Whereas, Carbon monoxide alarms prove to be the most effective way to detect carbon monoxide, and there is a dramatic correlation between carbon monoxide alarm ordinances in cities and lower death rates from carbon monoxide; now, therefore, be it

Resolved by the Senate, That this legislative body hereby recognizes and declares the third week of March 2008 as Carbon Monoxide Awareness Week. We urge the State Fire Marshal, local fire departments, public schools, and all other interested persons or organizations to initiate awareness activities during that week to alert the general public to the dangers of carbon monoxide poisoning and ways to reduce the risk factors in their homes; and be it further

Resolved, That a copy of this resolution be transmitted to the State Fire Marshal and other interested parties as evidence of our concern and support of this critical issue.

Senator Hardiman offered the following resolution:

Senate Resolution No. 162.

A resolution honoring the 2008 Phi Theta Kappa All-Michigan Academic Team nominees.

Whereas Article VIII, Section 1 of the Constitution of 1963 states: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, The state of Michigan has valued and supported education throughout its history as a means to improve the lives of its citizens and their common good, and this education mission has been greatly advanced by the system of community colleges reaching every corner of this state; and

Whereas, Phi Theta Kappa, the internationally-recognized official honor society of two-year institutions, also has the mission of recognizing and encouraging scholarship and academic excellence among two-year college students. It awards millions of dollars in scholarships each year to further that mission; and

Whereas, Michigan is one of 34 states in the nation to select students for a statewide Phi Theta Kappa academic team to honor students with high grade point averages and progress toward associate or baccalaureate degrees; and

Whereas, Forty-six Michigan students from 24 different community colleges have been nominated for the All-Michigan Phi Theta Kappa Academic Team; and

Whereas, This is a significant honor for these students, a sign of success for the community colleges they attend, and an encouraging symbol for the future of our state; now, therefore, be it

Resolved by the Senate, That we hereby honor the 46 community college students nominated for the Phi Theta Kappa All-Michigan Academic Team; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Chapter of Phi Theta Kappa in honor of the 2008 All-Michigan Academic Team nominees.

By unanimous consent the Senate returned to the order of

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

House Bill No. 4507

Senate Bill No. 388

Senate Bill No. 868

The motion prevailed.

Senate Bill No. 511, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2008; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

Substitute (H-3).

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

Senators Jelinek and McManus offered the following substitute to the House substitute:

Substitute (S-2).

The question being on the adoption of the substitute,

Senator Switalski offered the following amendment to the substitute:

1. Amend page 13, line 1, by striking out all of section 108 and inserting:

“Sec. 107. STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY PLANNING AUTHORIZATIONS

Eastern Michigan University - Pray-Harrold expansion and renovations - for program and planning to be paid for from university resources (estimated total authorized cost $57,000,000; state share $40,000,000; university share $17,000,000).................................................................. $ 100

Lake Superior State University - school of business, economics, and legal studies construction - for program and planning to be paid for from university resources (estimated total authorized cost $14,750,000; state share $11,062,500; university share $3,687,500).............................................. 100

Michigan State University - life sciences bio-economy expansion - for program and planning to be paid for from university resources (estimated total authorized cost $146,300,000; state share $40,000,000; university share $106,300,000).................................................................................. 100

Michigan Technological University - center for integrated learning and information technology, phase II - for program and planning to be paid for from university resources (estimated total authorized cost $59,000,000; state share $40,000,000; university share $19,000,000)................... 100

Northern Michigan University - bio-mass heat and power cogeneration plant construction - for program and planning to be paid for from university resources (estimated total authorized cost $55,000,000; state share $40,000,000; university share $15,000,000)............................................ 100

Saginaw Valley State University - health sciences facility - for program and planning to be paid for from university resources (estimated total authorized cost $28,000,000; state share $21,000,000; university share $7,000,000)............................................................................................................ 100

University of Michigan - Ann Arbor - biology building - for program and planning to be paid for from university resources (estimated total authorized cost $175,000,000; state share $40,000,000; university share $135,000,000)........................................................................................................ 100

University of Michigan - Dearborn - science and computer center renovations - for program and planning to be paid for from university revenues resources (estimated total authorized cost $36,000,000; state share $27,000,000; university share $9,000,000).............................................. 100

University of Michigan - Flint - Murchie science laboratory renovations - for program and planning to be paid for from university revenues resources (estimated total authorized cost $20,800,000; state share $15,600,000; university share $5,200,000).............................................. 100

Wayne State University - multi-disciplinary biomedical research building - for program and planning to be paid for from university resources (estimated total authorized cost $180,000,000; state share $40,000,000; university share $140,000,000)................................................................ 100

Alpena Community College - transportation center construction and renovations - for program and planning to be paid from community college resources (estimated total authorized cost $7,830,000; state share $3,915,000; community college share $3,915,000).................................... 100

Bay de Noc Community College - nursing laboratory and lecture hall remodeling - for program and planning to be paid from community college resources (estimated total authorized cost $1,000,000; state share $500,000; community college share $500,000).......................................... 100

Delta College - health and wellness - F wing renovations - for program and planning to be paid for from community college resources (estimated total authorized cost $12,800,000; state share $6,400,000; community college share $6,400,000).......................................................................... 100

Henry Ford Community College - science building improvements - for program and planning to be paid for from community college resources (estimated total authorized cost $15,000,000; state share $7,500,000; community college share $7,500,000)........................................................ 100

Jackson Community College - Whiting hall renovations - for program and planning to be paid for from community college resources (estimated total authorized cost $21,900,000; state share $10,950,000; community college share $10,950,000)...................................................................... 100

Kellogg Community College - C classroom building renovations - for program and planning to be paid for from community college resources (estimated total authorized cost $5,000,000; state share $2,500,000; community college share $2,500,000)................................................................ 100

Lake Michigan College - emerging technologies initiative renovations - for program and planning to be paid for from community college resources (estimated total authorized cost $21,735,000; state share $10,867,500; community college share $10,867,500).................................................... 100

Macomb Community College - health science and technology building, phase II - for program and planning to be paid for from community college resources (estimated total authorized cost $14,500,000; state share $7,250,000; community college share $7,250,000).................................. 100

Monroe County Community College - technology center construction - for program and planning to be paid for from community college resources (estimated total authorized cost $17,000,000; state share $8,500,000; community college share $8,500,000)........................................................ 100

Montcalm Community College - M-TEC expansion for job training - for program and planning to be paid for from community college resources (estimated total authorized cost $6,000,000; state share $3,000,000; community college share $3,000,000)........................................................ 100

Mott Community College - Mott library renovation - for program and planning to be paid for from community college resources (estimated total cost $8,156,000; state share $4,078,000; community college share $4,078,000).............................................................................................. 100

North Central Michigan College - university and science center construction and renovations - for program and planning to be paid for from community college resources (estimated total authorized cost $16,323,800; state share $8,161,900; community college share $8,161,900)........ 100

Oakland Community College - building A addition and renovations - Auburn Hills campus - for program and planning to be paid for from community college resources (estimated total authorized cost $32,065,000; state share $16,032,500; community college share $16,032,500).... 100

Schoolcraft College - public safety/homeland security classroom building - for program and planning to be paid for from community college resources (estimated total authorized cost $15,000,000; state share $7,500,000; community college share $7,500,000).................................. 100

Southwestern Michigan College - technology building renovation and expansion - for program and planning to be paid for from community college resources (estimated total authorized cost $3,200,000; state share $1,600,000; community college share $1,600,000).................................... 100

GROSS APPROPRIATION.......................................................................................................... $ 2,500

Appropriated from:

State general fund/general purpose.............................................................................................. $ 2,500

Sec. 108. STATE BUILDING AUTHORITY FINANCED CONSTRUCTION AUTHORIZATIONS

Kirtland Community College - campus water well system upgrades (total authorized cost $1,005,000; state building authority share $502,400; Kirtland Community College share $502,500; state general fund share $100)........................................................................................................... $ 100

Wayne County Community College - northwest campus replacement construction (total authorized cost $42,000,000; state building authority share $20,999,900; Wayne County community college share $21,000,000; state general fund share $100)........................................................................... 100

Department of history, arts and libraries - warehouse facility acquisition (total authorized cost $9,690,000; state building authority share $9,689,900; state general fund share $100)................... 100

Department of management and budget - state facility preservation projects - phase III (total authorized cost $70,310,000; state building authority share $70,309,900; state general fund share $100)......................................................................................................................................... 100

Department of natural resources - forest fire experiment station replacement (total authorized cost $2,100,000; state building authority share $2,099,900; state general fund share $100)........... 100

Department of state police - Bay City state police post (total authorized cost $4,000,000; state building authority share $3,999,900; state general fund share $100)................................................ 100

Department of natural resources - state park improvement projects (total authorized cost $17,900,000; state building authority share $17,899,900; state general fund share $100)............... 100

GROSS APPROPRIATION.......................................................................................................... $ 700

Appropriated from:

State general fund/general purpose.............................................................................................. $ 700”

and adjusting the subtotals, totals, and section 201 accordingly.

The amendment to the substitute was not adopted.

Senator Schauer requested the yeas and nays.

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

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

Roll Call No. 175 Yeas—17

Anderson Clark-Coleman Kahn Schauer

Barcia Clarke Olshove Scott

Basham Gleason Prusi Switalski

Brater Jacobs Richardville Whitmer

Cherry

Nays—19

Allen Cropsey Jansen Patterson

Birkholz Garcia Jelinek Sanborn

Bishop George Kuipers Stamas

Brown Gilbert McManus Van Woerkom

Cassis Hardiman Pappageorge

Excused—1

Thomas

Not Voting—1

Hunter

In The Chair: Richardville

Senator Schauer moved that Senator Hunter be temporarily excused from the balance of today’s session.

The motion prevailed.

The substitute to the House substitute was adopted.

The question being on concurring in the House substitute, as substituted,

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

Roll Call No. 176 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays—0

Excused—2

Hunter Thomas

Not Voting—0

In The Chair: Richardville

Senator Jelinek offered to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

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

The motion prevailed.

Senator Switalski’s first statement is as follows:

Mr. President, I will be very brief. My apologies, you know, you sometimes have to do things to make the process move more smoothly, and rather than read this whole bill, I will just explain to everyone basically we are just amending the package to put the Governor’s proposal in that she had unveiled back in early February, I believe it was. It’s mostly university and community college packages. There are a couple other items that were left off that we added in there, small items.

So, basically, you’ve got the Governor’s package in front of you, and we hope that members would take a look at that and say for the benefit of the stimulus that we give to this state—you’re talking about $1.4 billion of stimulus—that it is worth doing this, especially since for these university projects, normally we’re contributing 75 percent and the university contributes 25 percent. You look at U of M, you look at Michigan State and Wayne State, they’re contributing 75 percent and we’re contributing 25 percent.

So we’re leveraging way more spending as a stimulus to the state. I think this would be the perfect time to do this. I’ve often drawn a contrast to what the federal stimulus package is doing. That was passed by bipartisan votes in Washington. You’ve got a stimulus package where we just give people $600 or $1,200 and say, “Please, go spend it.” This would actually be giving people a job to create something, build a building, having something of value. People who have a job are much more willing to spend than people who get a one-time payment.

I think it’s a much more responsible approach. I hope members will approve of the amendment to the substitute.

Senator Pappageorge’s statement is as follows:

I rise in opposition to this amendment. Let’s just talk about what is going on here. There are three pieces in the capital outlay budget. The first one is to get some federal money for the airports. The second one is the state-restricted money, and the third piece is purely General Fund money to various colleges, universities, and so forth. Quite frankly, I can get folks on both sides of the aisle to look at that list and say, “You know, it needs works. It looks partisan. It looks this; it looks that.” That’s the proper thing for the capital outlay committee to look at.

It is not proper, in my view, to hold that federal money and that state-restricted money hostage to the list that the Governor wants us to approve for the GF money. How we use that GF money is our job, and it’s very proper for us to pull and push and so forth with regard to that list. We can reprioritize that list. We can do as the Senator from the 10th District suggested. We can raise a cap. We can phase the thing. We can do all kinds of things with that GF portion—the General Fund portion—of the capital outlay budget. It is absolutely, in my view, unconscionable to hold that federal money hostage. I want that list or nothing kind of approach.

I would urge you, all my colleagues, to understand there are things that the capital outlay committee can do and things that we’ve got to do today to save some money coming into this state. I would urge you to defeat this amendment.

Senator Switalski’s second statement is as follows:

I had thought that we could just move to the vote, but, yeah, that was on the other substitute, but I had hoped we could just move to the vote. But I kind of have to get up and respond to my good friend, the Floor Leader, about partisanship.

It’s all part of perspective. You could look at the Governor’s list and say, “Gee, maybe it didn’t include all the most worthwhile projects.” My good friend, Senator Cherry, just got up and said—and we’ve been saying in committee—hey, please if some have been left out that are worthy, bring them forward. We are open-minded about this. For the past two weeks, including just this morning, we’ve been bringing in universities and community colleges that were left off. It’s almost like a Republican love fest. You know, they get to have all their reps come in and have all their people there. They talked about their projects. They are very worthy. I think we could easily work something out.

I just didn’t want us to get into a partisan fight over this because I think it’s actually something that we’re going to eventually agree on. I think that the timing thing is important, but you don’t want to push it too hard because the federal thing was just passed in February. As I understand it, we’ve actually got until May 1 before it would even be possible and more likely after that, but I don’t disagree. I’m glad we’re moving forward with something today. It gets us into that process. It gets us into that negotiation.

I would just add one last point. When we are the highest in unemployment, what better time to have a stimulus. What better time to put people to work making something of value. That is when you do this; when you have high unemployment; when you get a good product for your money that you expend.

Senator Cropsey moved that rule 3.202 be suspended to permit immediate consideration of the following bills:

Senate Bill No. 815

Senate Bill No. 1135

House Bill No. 5288

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

Senate Bill No. 815, entitled

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

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1986 PA 32, entitled “An act to provide for the establishment of emergency 9-1-1 districts; to provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, service suppliers, and others; to create an emergency 9-1-1 service committee; to provide remedies and penalties; and to repeal acts and parts of acts,” by amending sections 401 and 408 (MCL 484.1401 and 484.1408), section 401 as amended by 2007 PA 164 and section 408 as amended by 2007 PA 165.

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. 177 Yeas—34

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia McManus Scott

Birkholz George Olshove Stamas

Bishop Gilbert Pappageorge Switalski

Brater Gleason Patterson Van Woerkom

Brown Hardiman Prusi Whitmer

Cherry Jacobs

Nays—2

Cassis Kuipers

Excused—2

Hunter Thomas

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 title as amended.

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

Senate Bill No. 1135, entitled

A bill to provide for the establishment of zoological authorities; to provide powers and duties of a zoological authority; to authorize the levy of a property tax by a zoological authority; and to provide for the powers and duties of certain government officials.

The House of Representatives has amended the bill as follows:

1. Amend page 5, line 12, after “county” by striking out “approve the levy of a tax as provided under section 13” and inserting “voting on the question of a tax as provided in section 13 approve the tax”.

2. Amend page 5, line 27, after “only” by striking out “upon the approval of” and inserting “if”.

3. Amend page 6, line 2, after “election” by inserting “approve the tax”.

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

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

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 178 Yeas—34

Allen Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Birkholz Garcia Kuipers Schauer

Bishop George McManus Scott

Brater Gilbert Olshove Stamas

Brown Gleason Pappageorge Switalski

Cassis Hardiman Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman Jansen

Nays—2

Anderson Basham

Excused—2

Hunter Thomas

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

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

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

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

The Senate agreed to the full title.

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

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

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

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

The Senate agreed to the full title.

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

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

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

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

The Senate agreed to the full title.

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

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

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

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

The Senate agreed to the full title.

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

Senator Hunter entered the Senate Chamber.

House Bill No. 5288, entitled

A bill to amend 1987 PA 173, entitled “An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers; to prescribe the powers and duties of the financial institutions bureau and certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties,” (MCL 445.1651 to 445.1684) by adding section 2a.

The House of Representatives has amended the Senate substitute (S-2) as follows:

1. Amend page 4, line 1, after “APPLICATION” by striking out “FOR RENEWAL”.

2. Amend page 4, line 14, after “APPLICATION” by striking out “FOR RENEWAL”.

The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the full title.

The question being on concurring in the House amendments made to the Senate substitute,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 179 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: Richardville

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 (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. 180 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

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.

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.

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. 181 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

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.

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 Brater as Chairperson.

House Bill No. 5511, entitled

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

Substitute (S-2).

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

1. Amend page 18, line 4, after “(17)” by striking out “The” and inserting “EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION, THE”.

2. Amend page 18, line 7, after the second “the” by striking out the balance of the subsection and inserting “CREDITS UNDER SECTIONS 413, 423, 431, AND 450.”.

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

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. 5511

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

The following bill was read a third time:

House Bill No. 5511, entitled

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

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. 182 Yeas—36

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cherry Hunter Patterson Whitmer

Nays—1

Cassis

Excused—1

Thomas

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.

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

The Senate agreed to the full title.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5511 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:

Today I join with my colleagues on the other side of the aisle with their passion for insurance reform and for a smoking ban in terms of my passion for fairness in tax policy. This bill deals with credits for Brownfield development. The credits are working, but refundability in the bill once again triggers a policy question. Should the state government subsidize corporations with taxpayer dollars? Is this what economic stimulus is called? In this struggling economy, does this make sense? If decisions about government policy should really be directed at paying for cleanup, let’s address it that way rather than give public dollars to private corporations to do it, on top of all the while providing them with total tax relief.

By unanimous consent the Senate returned to the order of

Motions and Communications

The Secretary announced that the Majority Leader has made the appointment of the following ad hoc committee to the Appropriations Subcommittee on Department of Transportation:

Detroit River International Crossing (DRIC) Study - Senators Cropsey (C), Richardville, Stamas, Thomas (MVC), and Hunter.

The ad hoc committee appointments were approved, a majority of the members serving voting therefor.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Gleason introduced

Senate Bill No. 1226, 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.

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

Senators Jelinek and Birkholz introduced

Senate Bill No. 1227, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11717b (MCL 324.11717b), as added by 2004 PA 381.

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

Senators Patterson, Brown, Olshove, Prusi, Kuipers, Thomas, Birkholz, Richardville, Allen and Sanborn introduced

Senate Bill No. 1228, 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 sections 10dd and 10ee.

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

Senators Patterson and Pappageorge introduced

Senate Bill No. 1229, entitled

A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.

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

Senators Gilbert, Jansen, Cassis and McManus introduced

Senate Bill No. 1230, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 281 (MCL 208.1281), as added 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. 5526, entitled

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

The 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. 5528, entitled

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

The 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. 5531, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11j, 22a, 22b, 22d, 32b, 32c, 51a, 51c, 99c, and 104 (MCL 388.1611, 388.1611j, 388.1622a, 388.1622b, 388.1622d, 388.1632b, 388.1632c, 388.1651a, 388.1651c, 388.1699c, and 388.1704), as amended by 2007 PA 137, and by adding sections 31h, 32e, 54c, 99h, 99m, 99n, and 99p.

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 Appropriations.

House Bill No. 5675, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 404a.

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. 5865, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8B.

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. 5866, entitled

A bill to amend 2005 PA 226, entitled “Michigan tobacco settlement finance authority act,” by amending section 8 (MCL 129.268), as amended by 2007 PA 18.

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. 5867, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2007 PA 50 and section 8 as added by 2005 PA 232.

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.

Statements

Senators Scott, Clark-Coleman, Garcia, Jacobs, and Bishop 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:

Several weeks ago, there was a marvelous televised movie called “A Raisin in the Sun.” I’m sure many of you watched it. The original play, written by Lorraine Hansbury, opened on Broadway in 1959. In 1962, it was made into a movie. Both starred Sidney Poitier and Ruby Dee. Since then, it has revisited Broadway and been remade in film several times. This most recent version starred Phylicia Rashad and Sean Combs, who many of you probably know as “P. Diddy.” Every production has been widely acclaimed, and the story is considered a turning point in American art.

What many folks don’t know is where the title came from. It came from a poem called “Harlem” by that incredible African-American poet Langston Hughes. The poem says: “What happens to a dream deferred? Does it dry up like a raisin in the sun? Or fester like a sore and then run? Does it stink like rotten meat? Or does it crust and sugar over like some syrupy sweet? Maybe it just sags like a heavy load. Or does it explode?”

These powerful words speak for themselves, and I am here today to simply remind you that I am not about to allow my dream to die like a raisin in the sun. So, once again, I politely but firmly ask you to move my bills, move my bills, move my bills.

Senator Clark-Coleman’s statement is as follows:

Last week, I was absent on Wednesday and Thursday. I was invited by the Bill and Melinda Gates Foundation to attend some site visits of small high schools to look at the success that they were having with these smaller schools. Because I was not here, there were several votes I would have voted on. I want to give you those bills and how I would have voted.

I would have voted “yes” on all these bills on Wednesday and Thursday: Senate Bill Nos. 120, 296, 915, 916, 1171, 1172, 1173, 1174, 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1170, 1169—those were on Wednesday. On Thursday, I would have voted “yes” on all these bills: House Bill No. 5184, Senate Bill Nos. 882, 883, 1115, and 1168, House Bill Nos. 4868 and 5319, and Senate Bill Nos. 1076 and 1135.

Senator Garcia’s statement is as follows:

I appreciate the previous speaker because she reminded me that I, too, missed last Thursday. I, as some of you know, sit on a bank board—the Federal Home Loan Bank of Indianapolis. That bank is responsible for providing funds for many of Michigan’s and Indiana’s community banks. They provide liquidity and provide affordable housing dollars for many projects here in Michigan and in Indianapolis, but I missed nine votes.

Record Roll Call Nos. 137-145, I would have voted “yes” on all of them. I just wanted to state my voting intentions.

Senator Jacobs’ statement is as follows:

I rise today to combine the pride of Women’s History Month with the increasing significance of Sunshine Week, a week dedicated to openness in government and freedom of information. I do that by paying tribute to a long-serving local hero of mine, White House news correspondent Helen Thomas.

Helen Thomas was born in Kentucky in 1920, but she was raised in Detroit, where she attended public schools and later graduated from Wayne State University. The year after college, Thomas served as a copy girl on the now-defunct Washington Daily News, joining UPI in 1943. She later covered federal beats that included the Department of Justice, FBI, Department of Health, Education and Welfare, and Capitol Hill before she began covering President-elect John F. Kennedy in 1960. Thomas went on to the White House in January 1961 with UPI where she remained until May 2000, when she left to join Hearst News Service as a White House correspondent.

During the years she covered Kennedy, Thomas was the first woman to close a presidential news conference with the traditional, “Thank you, Mr. President,” a tradition that President Bush abandoned in 2003. Thomas has grilled every President since John F. Kennedy with blunt, pointed, and tough questions. She has served as president of the Women’s National Press Club and was the first woman officer of the National Press Club after it opened its doors to women members for the first time in 90 years. In addition, Thomas became the first woman officer of the White House Correspondents’ Association in its 50 years of existence and served as its first woman president. She also became the first woman member of the Gridiron Club in its history and the first woman to be elected its president.

But I raise her name today to not only list her tributes, but to lift her as a symbol of the fourth annual Sunshine Week. Helen Thomas believes, and has believed throughout her 65-year-plus career, that the public is entitled to know what their government is doing and why. She has spent her lifetime attempting to inform the public and provide the information they need to become active participants in their government. Unfortunately, the job isn’t getting any easier these days. That’s why we need to continue to emphasize the importance of Sunshine Week and its vital role in our democracy.

On behalf of all intrepid reporters like Helen Thomas, I once again urge open government and fair, objective coverage of their workings. Let the sunshine in.

Senator Bishop’s statement is as follows:

I’d like, if I could, to speak for a moment about the presidential primary redo and the proposals that we’ve been hearing on the floor. As you will recall, late last year the Michigan Legislature debated and negotiated the terms of an agreement that moved up the presidential primary to January 15.

At the time, the parties set aside their differences and we worked out a deal and worked together to ensure that Michigan would have a voice in the process and that the presidential candidates would be here and be assured to be a part of our state discussion on the very important issues of our state. On the primary date, however, we didn’t have the participation that we expected. In fact, only one of our Democratic candidates participated. To make matters worse, after a lawful election date, the respective parties—both of them—sanctioned the state parties. As of today, the National Democratic Party still refuses to honor the Michigan primary date and the well over 1.5 million citizens who participated in casting ballots.

National parties saw no problem leveling sanctions on state parties, but now it has become readily apparent that Michigan really does matter, and, in fact, Michigan delegates really need to be seated. So the eyes of the world are now on the state of Michigan. We, the members of the State Legislature, are expected to put aside all other issues and resolve the primary problem first. But in order to do that, we must take our attention away from the most important issues facing our state, like reviving our state economy and bringing jobs back to our state. That includes reviewing and discussing the Republican stimulus package. We’re also trying to work through a dialog on complex health insurance reform. We’re concerned about our 1.1 million Michiganders who don’t have health insurance coverage. We have an ongoing debate on renewable energy and energy policy in this state that is consuming much of our time. We want to protect our environment and our Great Lakes. That has always been a priority of this Legislature, and it’s important that we keep our eye on that as well. Not to mention the fact that we are right in the middle of a debate on the subject of trying to resolve a $43 billion state budget.

But despite all those issues and many more that we would ordinarily deem as a priority of the state, the Senate Republicans have really pushed everything aside to ensure that we work with the other side to find a solution. I think we realize this impacts Republicans and Democrats and all of us. As of today’s date, however, we have not been presented with a viable option. We have not been able to assure our taxpayers that they won’t be responsible to foot the bill for yet another primary in this state. The question on the legality of the primary continues to go unanswered. Local clerks have migrated to Lansing to identify legitimate problems regarding the complexities of the logistics of another primary. Millions of Michiganders who showed up the first time for a primary and voted lawfully would have their votes disregarded. Laws would need to be amended and set aside that really represent years of campaign finance reform and election law reform. After all this time of discussion in identifying these issues, there are still open questions that go unanswered, and we have really not resolved them.

Those are really the undisputed and undeniable facts. We really need to acknowledge at this point that no progress is being made, and without a valid and viable proposal in the very, very near future, another primary in Michigan will soon not be an option.

I would, therefore, respectfully suggest that the National Democratic Party, the State Democratic Party, and the two Democratic presidential candidates provide an immediate proposal that the Michigan Legislature can work with, or immediately consider a state party caucus to resolve their party differences. Whatever the case may be, it’s time that the State Legislature get back to work on the state’s issues.

Committee Reports

The Committee on Commerce and Tourism reported

Senate Bill No. 1187, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 3 and 5 (MCL 207.803 and 207.805), section 3 as amended by 2007 PA 62 and section 5 as amended by 2003 PA 248.

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

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

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. 1189, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 6 and 8 (MCL 207.806 and 207.808), section 6 as amended by 2007 PA 150 and section 8 as amended by 2007 PA 62.

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

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

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. 1190, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431 (MCL 208.1431).

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

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

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. 1188, entitled

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

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

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 5607, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80114a.

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

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

Patricia L. Birkholz

Chairperson

To Report Out:

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

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, March 19, 2008, at 1:00 p.m., Rooms 402 and 403, Capitol Building

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

The Committee on Economic Development and Regulatory Reform reported

Senate Bill No. 1203, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365, and by adding section 12b.

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

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

Nays: None

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

The Committee on Economic Development and Regulatory Reform reported

House Bill No. 5609, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12a (MCL 125.2162a), as amended by 2004 PA 365.

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

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, March 19, 2008, at 1:00 p.m., Rooms 402 and 403, Capitol Building

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

The Committee on Commerce and Tourism reported

House Bill No. 5600, entitled

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

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert and Clarke

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

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.

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 and Clarke

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 Thursday, March 20, 2008, at 9:00 a.m., Room 100, Farnum Building

Present: Senators Allen (C), Gilbert and Clarke

Excused: Senators Stamas and Hunter

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Economic Development submitted the following:

Meeting held on Wednesday, March 19, 2008, at 8:30 a.m., Room 110, Farnum Building

Present: Senators Jansen (C), George, Stamas, Scott and Anderson

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, March 19, 2008, at 3:04 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators George (C), Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Thursday, March 20, 2008, at 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building

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

Scheduled Meetings

Appropriations -

Subcommittees -

Economic Development - Wednesday, March 26, 8:00 a.m., Room 110, Farnum Building (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)

Transportation and Senate Transportation - Tuesday, March 25, 1:00 p.m., Room 110, Farnum Building (373-2768)

Campaign and Election Oversight - Wednesday, March 26, 12:30 p.m., Room 405, Capitol Building (373-1725)

Finance - Thursday, March 27, 11:00 a.m. or later immediately following session, Room 110, Farnum Building (373-1758)

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)

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 1:54 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, March 25, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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