No. 65

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, June 26, 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

Reverend Dr. Mary M. Lloyd of Community Hope Church of God of Flushing offered the following invocation:

Gracious heavenly Father, thank You, thank You for this beautiful summer day and, Lord, the anticipation that each one has today that their work will be complete, so that they can have some time of rest. Lord, I pray that their business will be settled quickly, swiftly, and with great wisdom from You.

Lord, I pray for each Senator today and their staff; the great work that You have called them to do that they might do it with Your wisdom; Lord, that they would each know that You have put them here for a very high purpose and calling. Lord, I pray that they will be like the Old Testament sons of Isaac, who knew the times and knew what to do about them; and, Lord, that You watch over them, their wives, their husbands, their children, and their families.

Lord, there is great stress on them, and I pray for Your protection and healing for those and, Lord, for the things that they just don’t know what to do about today; that they will pause and seek Your wisdom, Lord; that they will enjoy the calling that You have on them and the rest that You have given them as well.

Lord, for such a time as this in our great state of Michigan, these men and women have been called, and this is a very high calling. I know that You will lead them with the wisdom of Solomon. Lord, I pray Your blessing and anointing upon each one today; that there will be a lightness and a confidence knowing that You are right there with them walking them through all of these great things that they must decide.

Thank You, Lord Jesus. It’s in Your name we pray. Amen.

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

The President, Lieutenant Governor Cherry, assumed the Chair.

Senators Gleason, Allen, Thomas, Pappageorge, Stamas, Bishop and McManus entered the Senate Chamber.

Motions and Communications

The following communication was received and read:

Office of the Senate Majority Leader

June 26, 2008

Pursuant to Joint Rule 3, I hereby appoint Senator Tony Stamas to the conference committee on SB 1099 and name him as chairman and remove Senator Bill Hardiman from the committee.

Thank you for your prompt consideration of this matter.

Sincerely,

Michael D. Bishop, Majority Leader

State Senate, 12th District

The communication was referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

June 24, 2008

Enclosed is a copy of the following audit report:

Performance audit of Consumer Finance Activities, Office of Financial and Insurance Regulation, Department of Labor and Economic Growth.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 25:

House Bill Nos. 5651 5686 6021

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, June 26:

House Bill No. 6271

The Secretary announced that the following official bills were printed on Wednesday, June 25, and are available at the legislative website:

Senate Bill Nos. 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413

House Bill Nos. 6274 6275 6276 6277 6278

Senator Cropsey moved that the Committee on Judiciary be discharged from further consideration of the following bills:

House Bill No. 4490, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 12, and 12b (MCL 28.422, 28.432, and 28.432b), section 2 as amended by 2004 PA 101, section 12 as amended by 2006 PA 75, and section 12b as added by 1982 PA 182; and to repeal acts and parts of acts.

House Bill No. 4491, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 224b and 231a (MCL 750.224b and 750.231a), section 231a as amended by 2002 PA 82; and to repeal acts and parts of acts.

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

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

House Bill No. 4490

House Bill No. 4491

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

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

Recess

Senator Cropsey moved that the Senate recess until 10:45 a.m.

The motion prevailed, the time being 10:12 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Cherry.

During the recess, Senators Brater and Jansen entered the Senate Chamber.

The following messages from the Governor were received and read:

June 25, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Section 2 of 1950 (Ex Sess) PA 21, MCL 254.302:

Mackinac Bridge Authority

Mr. Robert Struck, a Republican, of 160 Bazinette, Marquette, Michigan 49855, county of Marquette, reappointed for a term expiring June 30, 2014.

Mr. Murray D. Wikol, a Democrat, of 3890 Oakland Drive, Bloomfield Hills, Michigan 48301, county of Oakland, reappointed for a term expiring June 30, 2014.

June 25, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Sections 16121 and 17221 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17221:

Michigan Board of Nursing

Mr. Reginald T. Armstrong of 300 Riverfront Drive, #2902, Detroit, Michigan 48226, county of Wayne, succeeding Suzanne M. Bosek, who has resigned, representing the general public, for a term commencing June 25, 2008 and expiring June 30, 2010.

Ms. Karen A. Bowman of 2323 Cheltingham Boulevard, Lansing, Michigan 48917, county of Eaton, succeeding Christopher E. Hermann, who has resigned, representing nurse practitioners, for a term commencing June 25, 2008 and June 30, 2009.

Ms. Mary J. Brown of 6067 Limestone Lane, Dimondale, Michigan 48821, county of Eaton, succeeding Liza M. Gamel-Marrell, whose term has expired, representing registered professional nurses without a baccalaureate engaged in professional nursing practice or nursing administration, for a term commencing June 25, 2008 and expiring June 30, 2011.

Ms. LaDonna A. Schultz of 3349 West Clear Lake Road, West Branch, Michigan 48661, county of Ogemaw, succeeding Lourdes V. Andaya, whose term has expired, representing the general public, for a term commencing June 25, 2008 and expiring June 30, 2010.

Ms. Jody M. Weissler of 1319 North Hayford Avenue, Lansing, Michigan 48912, county of Ingham, succeeding John H. Hale III, whose term has expired, representing the general public, for a term commencing June 25, 2008 and expiring June 30, 2011.

Ms. Melynda J. Daley, L.P.N., of 2012 Huron Street, Marquette, Michigan 49855, county of Marquette, reappointed to represent licensed practical nurses, for a term commencing July 1, 2008 and expiring June 30, 2012.

Ms. Michelle M. Johnson, R.N., M.S.N., of 960 Highland Drive, Marquette, Michigan 49855, county of Marquette, reappointed to represent registered professional nurses with a master’s degree engaged in nursing education in a licensed practical nurse program, for a term commencing July 1, 2008 and expiring June 30, 2012.

Ms. Donica M. Stubbs, R.N., of 4620 Artley Street, Canton, Michigan 48188, county of Wayne, reappointed to represent registered professional nurses with a baccalaureate degree engaged in nursing practice or nursing administration, for a term commencing July 1, 2008 and expiring June 30, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

By unanimous consent the Senate proceeded to the order of

General Orders

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

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

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

House Bill No. 6094, entitled

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

Senate Bill No. 1195, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88o (MCL 125.2088o), as added by 2005 PA 215.

The bills were placed on the order of Third Reading of Bills.

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

House Bill No. 4481, entitled

A bill to establish the foster care independence program; to provide certain services for certain youth in foster care due to child abuse or child neglect; and to prescribe the duties of certain state departments.

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

1. Amend page 2, following line 1, by inserting:

“(c) “Child placing agency” means that term as defined in section 1 of 1973 PA 116, MCL 722.111.” and relettering the remaining subdivisions.

2. Amend page 2, line 5, after “agency” by inserting “or child placing agency”.

3. Amend page 2, line 10, after “(1)” by striking out “The” and inserting “If this state receives federal money for the purposes described in this act and the federal money is not reduced below the level this state received on the effective date of this act and if public and private partners continue to provide the services they provided on the effective date of this act, the”.

4. Amend page 2, line 12, after “for” by inserting “eligible”.

5. Amend page 2, line 13, after “(2)” by striking out the balance of the line through “following” on line 14 and inserting “Subject to the availability of federal, state, and local funds, the program may include the following services”.

6. Amend page 3, line 15, after “state” by inserting “or a child placing agency”.

7. Amend page 3, line 27, after “act” by striking out “shall” and inserting “may”.

8. Amend page 4, line 2, after “act” by striking out “shall” and inserting “may”.

9. Amend page 4, line 4, after “act” by striking out “shall” and inserting “may”.

10. Amend page 4, line 5, after “department” by striking out “shall” and inserting “may”.

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.

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

House Bill No. 4317, 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.

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. 4680, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” (MCL 445.901 to 445.922) by adding section 3g.

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. 4050, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” (MCL 445.901 to 445.922) by adding section 3e.

Substitute (S-2).

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

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

House Bill No. 4950, entitled

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

Substitute (S-2).

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

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

House Bill No. 4065, entitled

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

Substitute (S-2).

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

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

House Bill No. 4490, entitled

Substitute (S-2).

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

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

House Bill No. 4491, entitled

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4481

House Bill No. 4317

House Bill No. 4680

House Bill No. 4050

House Bill No. 6094

House Bill No. 4950

House Bill No. 4065

House Bill No. 4490

House Bill No. 4491

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

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

Senate Bill No. 1277

Senate Bill No. 1367

House Bill No. 4330

House Bill No. 4453

House Bill No. 5833

House Bill No. 5834

House Bill No. 4658

House Bill No. 4481

House Bill No. 4317

House Bill No. 4680

House Bill No. 4050

House Bill No. 6094

House Bill No. 4950

House Bill No. 4065

House Bill No. 4490

House Bill No. 4491

The motion prevailed.

Senators Bishop, George 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 Bishop’s statement is as follows:

Once again, it is one of those days where we have the unfortunate job to announce that we are losing one of our family members, but also it’s an opportunity to congratulate her on moving on to new and better things. Today, we are paying special tribute to Stacey Hettiger, who began her legislative career in 1985, when she was hired by Senator William Sederburg as a constituent relations aide. She served as the chief of staff for Senator Fred Dillingham; she worked as policy analyst on the House Republican Programs and Research staff; then she left the Legislature for a time to work in government relations for St. Joe Health System, now known as Ascension Health. She came back to the Republican Policy Office in 1999 as an analyst, covering health care, aging, and retirement issues, as well as the Department of Community Health.

In 2007, she joined the Senate Majority Policy Office as the health policy analyst responsible for health care issues and the Department of Community Health budget, including Medicaid. She has been an enormous resource to our policy team and an invaluable member of our family.

She is the mother of Matthew, who is attending the United States Naval Academy in Anapolis, and her daughter Christina is at the University of Alabama.

Stacey is a community activist; she is devoted to her community. She is a liaison coach for the Okemos Soccer Club; board member of the Christmas in April, a nonprofit that assists senior citizens and individuals with developmental disabilities in the Ingham County area. She does all of this in her free time, which you can imagine is not much, but she is so devoted to her community that she does that.

Stacey is an exceptional member of the Senate Majority Policy Office team. Her expertise and devotion to her position are really and truly unparalleled. She is not only an integral part of the policy staff, but she is also a friend and a respected colleague.

Please join me in helping to wish well Stacey Hettiger as she moves on to newer and bigger challenges in life. We will miss her, and I know that the rest of you will agree that she is one of those parts of the puzzle here that is going to be difficult to replace. So, ladies and gentlemen, help me congratulate and give special tribute to Stacey Hettiger.

Senator George’s statement is as follows:

I want to add my words to those of the Majority Leader’s. Stacey, of course, has been the policy analyst for Health Policy, where she has helped us day after day to make Michigan healthier, one law at a time. What the Majority Leader didn’t mention was that she is being taken from us to go work at the Michigan State Medical Society. You would think that working with two physicians here and thirty-eight Senators would have taught her a lesson. But, no, instead she is going to go work for the 10,000 doctors with the Michigan State Medical Society, and I wish her the best as well. Thank you, Stacey.

Senator Kahn’s statement is as follows:

I, too, have had the honor of being mentored by Stacey. First in the House, when I served with Representative Caswell, who I know would wish that he could be here today to echo the comments of appreciation and love that we have for this exceptional woman. She helped me with not only the Medicaid budget, but with policy bills both in the House and in the Senate; with what is possible and what is prudent and always with a view towards providing the options we need to make a legislative decision.

She is going to be missed. I’m glad that she is not going to be far away and that she can count on her friends here in the Legislature continuing to seek her out and valuing her expertise. I wish her well, as do we all.

The following bill was read a third time:

Senate Bill No. 1277, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 209 (MCL 418.209), as added by 1985 PA 103.

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. 435 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: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1367, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2008 PA 108 and section 8 as amended by 2008 PA 110.

The question being on the passage of the bill,

Senator Kahn offered the following amendment:

1. Amend page 14, line 18, after “wage.” by inserting “HOWEVER, IN 2008 THE AUTHORITY MAY INCLUDE THE VALUE OF THE HEALTH CARE BENEFIT IN DETERMINING THE WAGE PAID FOR EACH RETAINED JOB OR QUALIFIED NEW JOB FOR NOT MORE THAN 1 ELIGIBLE BUSINESS UNDER THIS ACT.”.

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

The question being on the passage of the bill,

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

Roll Call No. 436 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: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4330, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2006 PA 403.

The question being on the passage of the bill,

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

The motion prevailed.

Recess

Senator Cropsey moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 11:28 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Cherry.

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

House Bill No. 4330, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2006 PA 403.

(This bill was read a third time earlier today and consideration postponed. See p. 1295.)

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. 437 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—0

Not Voting—2

Garcia Sanborn

In The Chair: President

Senator Cropsey moved that Senator Sanborn 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:

“An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4453, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6b of chapter V (MCL 765.6b), as amended by 1994 PA 335.

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. 438 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

Not Voting—0

In The Chair: President

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

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

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

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

The Senate agreed to the full title.

Senator Garcia stated that had he been present earlier today when the vote was taken on the passage of the following bill, he would have voted “yea”:

House Bill No. 4330

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

The following bill was read a third time:

House Bill No. 5833, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151d (MCL 600.151d), as amended by 2004 PA 465.

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. 439 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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 and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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. 5834, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2007 PA 85.

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:

House Bill No. 4658, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 22, 58, 58a, and 58c (MCL 125.1422, 125.1458, 125.1458a, and 125.1458c), section 22 as amended by 2002 PA 385 and sections 58, 58a, and 58c as added by 2004 PA 480.

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. 440 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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 a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4481, 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. 441 Yeas—36

Allen Cherry Hunter Patterson

Anderson Clark-Coleman Jacobs Prusi

Barcia Clarke Jansen Richardville

Basham Cropsey Jelinek Schauer

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Switalski

Brater Gilbert McManus Thomas

Brown Gleason Olshove Van Woerkom

Cassis Hardiman Pappageorge Whitmer

Nays—1

Scott

Excused—1

Sanborn

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. 4317, 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 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. 442 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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 prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4680, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” (MCL 445.901 to 445.922) by adding section 3g.

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. 443 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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. 4050, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” (MCL 445.901 to 445.922) by adding section 3e.

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. 444 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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. 6094, entitled

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:

House Bill No. 4950, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 117.

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. 445 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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. 4065, entitled

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

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. 446 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4490, entitled

The question being on the passage of the bill,

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

The motion prevailed.

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

House Bill No. 6094, entitled

(This bill was read a third time earlier today and consideration postponed. See p. 1302.)

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. 447 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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.

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. 181

The motion prevailed.

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

Senate Resolution No. 208

The resolution consent calendar was adopted.

Senator Birkholz offered the following resolution:

Senate Resolution No. 208.

A resolution to recognize July 2008 as National Park and Recreation Month.

Whereas, Celebrating the month of July as National Park and Recreation Month is a longstanding tradition first established in 1985; and

Whereas, Public parks and recreation programs are dedicated to enhancing the quality of life for all citizens, regardless of means, in communities throughout Michigan; and

Whereas, Physical activity and recreation is an essential part of keeping citizens healthy and fit, lowering health care costs, and raising a personal sense of well-being. Leisure activities in parks improve moods, reduce stress, and enhance a sense of wellness; and

Whereas, State and local parks conserve and protect public lands for the benefit and use of all citizens. Parks provide and protect vital green space in a fast-developing landscape; and

Whereas, Parks have true economic benefits such as improving the value of adjacent and nearby properties, attracting and keeping residents, and providing accessible venues for community activities. Parks and recreation areas are true economic engines that make communities livable and desirable; and

Whereas, Parks and recreation activities facilitate social interactions that are critical to building and maintaining community cohesion and pride; and

Whereas, Community recreation services provide children with a safe refuge and a place to play, which are important in reducing at-risk behaviors such as drug use and gang involvement; and

Whereas, Even as we observe National Park and Recreation Month, we recognize the vital contributions of parks and recreation employees and volunteers. These dedicated supporters ensure that parks and recreation facilities are safe and accessible places for all citizens to enjoy; now, therefore, be it

Resolved by the Senate, That we recognize July 2008 as National Park and Recreation Month. We call upon all parks and recreation supporters to join us in recognizing the importance of public parks and recreation to our high quality of life; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Recreation and Park Association as a token of our esteem.

Senators Anderson, Barcia, Brater, Cherry, Clarke, Garcia, Jacobs, Pappageorge, Schauer and Switalski were named co‑sponsors of the resolution.

Senate Concurrent Resolution No. 29.

A concurrent resolution relative to secondary road patrol funds for certain communities in Oakland and Wayne counties.

(For text of resolution, see Senate Journal No. 56, p. 1125.)

The House of Representatives has adopted the concurrent resolution and named Reps. Ball, Brandenburg, Hansen, Knollenberg, David Law, LeBlanc, Lemmons, Meisner, Nitz, Pastor, Polidori, Sheltrown, Stahl, Vagnozzi and Valentine as co‑sponsors of the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

By unanimous consent the Senate returned to the order of

Motions and Communications

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:

House Bill No. 5973

House Bill No. 5976

House Bill No. 5972

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

By unanimous consent the Senate returned to the order of

General Orders

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

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

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

Senate Bill No. 170, entitled

A bill to provide for assistance payments to certain guardians of minors; to establish the rights and responsibilities of certain guardians; and to provide for duties and responsibilities of certain state departments and agencies.

Substitute (S-2).

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

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

House Bill No. 5973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432a.

Substitute (S-1).

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

1. Amend page 2, following line 9, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) Senate Bill No. 1267.

(b) Senate Bill No. 1268.

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. 5976, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432d.

Substitute (S-1).

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

1. Amend page 2, following line 5, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) Senate Bill No. 1267.

(b) Senate Bill No. 1268.

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. 5972, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432.

Substitute (S-2).

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

1. Amend page 4, following line 5, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 94th Legislature are enacted into law:

(a) Senate Bill No. 1267.

(b) Senate Bill No. 1268.

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 bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 170

House Bill No. 5973

House Bill No. 5976

House Bill No. 5972

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

The following bill was read a third time:

Senate Bill No. 170, entitled

A bill to provide for subsidy payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies.

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. 448 Yeas—36

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cherry Hunter Patterson Whitmer

Nays—0

Excused—1

Sanborn

Not Voting—1

Cassis

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432a.

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. 449 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—2

Cassis Gilbert

Excused—1

Sanborn

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. 5976, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432d.

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. 450 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—2

Cassis Gilbert

Excused—1

Sanborn

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. 5972, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432.

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. 451 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—2

Cassis Gilbert

Excused—1

Sanborn

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 Nos. 5972, 5973, and 5976.

Senator Cassis’ statement is as follows:

House Bill No. 5972, House Bill No. 5973, and House Bill No. 5976 represent the largest legislative give-away to one global, extremely prosperous manufacturer of polycrystalline silicon, used in the making of solar cells and semiconductor microchips. The name of the company is Hemlock Semiconductor. At a minimum of $311 million to approximately $357 million, these refundable Michigan business tax credits will be subsidized by Michigan taxpayers, leaving a significant deficit in the General Fund in the years 2012 through 2023.

Considering the state of all our businesses in Michigan that could certainly be helped with broad-based tax relief, giving so much to one company is unprecedented. For these reasons, I oppose these bills.

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No. 388, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 15, and 30 (MCL 567.222, 567.235, and 567.250).

Substitute (H-2).

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. 452 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Sanborn

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. 754, entitled

A bill to assure that returning veterans are informed of state-funded veterans service organizations; and to prescribe certain duties of certain state agencies.

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

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

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

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

Senate Bill No. 1239, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2008 PA 96.

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. 346, entitled

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

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 370, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 5f, 12, and 12b (MCL 28.422, 28.422a, 28.425f, 28.432, and 28.432b), section 2 as amended by 2004 PA 101, section 2a as added by 2000 PA 381, section 5f as amended by 2002 PA 719, section 12 as amended by 2006 PA 75, and section 12b as added by 1982 PA 182; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-4) the bill.

The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 5f, and 5o (MCL 28.421, 28.422a, 28.425f, and 28.425o), section 2a as added by 2000 PA 381 and sections 1, 5f and 5o as amended by 2002 PA 719.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 836, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 1999 PA 119.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Jelinek, Jansen, Van Woerkom, Kahn and Allen introduced

Senate Bill No. 1416, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2003 PA 274.

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

Senators Pappageorge, Kuipers, Kahn and Schauer introduced

Senate Bill No. 1417, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1163.

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

Senators Jansen, Cropsey, Kuipers, Hardiman, Gilbert, Richardville, Pappageorge, Brown, Kahn, Van Woerkom and Birkholz introduced

Senate Bill No. 1418, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7 and 8 (MCL 722.627 and 722.628), section 7 as amended by 2006 PA 621 and section 8 as amended by 2008 PA 46.

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

Senators Hardiman, Kuipers, Cropsey, Jansen, Gilbert, Richardville, Pappageorge, Brown, Kahn, Van Woerkom and Birkholz introduced

Senate Bill No. 1419, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 20 (MCL 552.520), as added by 1996 PA 366.

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

Senators Cropsey, Jansen, Kuipers, Hardiman, Gilbert, Richardville, Pappageorge, Brown, Kahn, Van Woerkom and Birkholz introduced

Senate Bill No. 1420, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 3 and 18 (MCL 722.623 and 722.638), section 3 as amended by 2006 PA 583 and section 18 as amended by 1998 PA 428.

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

Senators Kahn, Jansen, Kuipers, Cropsey, Hardiman, Gilbert, Richardville, Pappageorge, Brown, Van Woerkom and Birkholz introduced

Senate Bill No. 1421, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 8e.

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

Senators Allen and Clarke introduced

Senate Bill No. 1422, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431a (MCL 208.1431a), as added by 2008 PA 92.

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

Senator Jansen introduced

Senate Bill No. 1423, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2, 2a, 3, 4, 4c, 5, 9a, 11a, 13, 15, 17, 17b, 19, 27, and 28 (MCL 552.502, 552.502a, 552.503, 552.504, 552.504c, 552.505, 552.509a, 552.511a, 552.513, 552.515, 552.517, 552.517b, 552.519, 552.527, and 552.528), sections 2, 2a, 3, and 4 as amended by 2004 PA 210, section 4c as added by 1998 PA 551, sections 5, 13, and 15 as amended by 2002 PA 571, section 9a as added by 1999 PA 150, section 11a as added by 2002 PA 569, sections 17, 17b, and 19 as amended by 2004 PA 207, and section 28 as added by 1996 PA 365, and by adding section 17f.

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

Senator Jansen introduced

Senate Bill No. 1424, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 9, 24, 25a, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46, and 48 (MCL 552.602, 552.603, 552.603a, 552.605b, 552.605c, 552.605d, 552.605e, 552.607, 552.609, 552.624, 552.625a, 552.628, 552.629, 552.630, 552.631, 552.633, 552.635, 552.639, 552.644, 552.645, 552.646, and 552.648), sections 2 and 3a as amended by 2004 PA 208, sections 3 and 24 as amended by 2002 PA 572, section 5b as added by 2001 PA 106, section 28 as amended and section 5c as added by 2002 PA 565, section 5d as added by 2002 PA 570, section 5e as added by 2004 PA 211, sections 7, 33, and 35 as amended by 2004 PA 206, sections 9 and 48 as amended by 1999 PA 160, section 25a as amended by 2004 PA 484, sections 29 and 30 as amended by 1998 PA 334, section 31 as amended by 2004 PA 569, and sections 44 and 45 as amended by 2002 PA 568; and to repeal acts and parts of acts.

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

Senator Jansen introduced

Senate Bill No. 1425, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7b (MCL 722.27b), as amended by 2006 PA 353.

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

Senator Garcia introduced

Senate Bill No. 1426, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321c (MCL 257.321c), as added by 1996 PA 240.

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

Senator Garcia introduced

Senate Bill No. 1427, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2137, 2529, and 2538 (MCL 600.2137, 600.2529, and 600.2538), section 2137 as amended by 2001 PA 76, section 2529 as amended by 2004 PA 205, and section 2538 as amended by 2003 PA 178.

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

Senator Jansen introduced

Senate Bill No. 1428, entitled

A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending sections 3 and 3a (MCL 400.233 and 400.233a), section 3 as amended by 2002 PA 564 and section 3a as amended by 1998 PA 112; and to repeal acts and parts of acts.

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

Senator Scott introduced

Senate Bill No. 1429, entitled

A bill to amend 1846 RS 84, entitled “Of divorce,” by amending sections 23 and 24 (MCL 552.23 and 552.24), section 23 as amended and section 24 as added by 1999 PA 159.

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

Senators Jacobs and Jansen introduced

Senate Bill No. 1430, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 4 and 19a (MCL 722.714 and 722.729a), section 4 as amended by 1998 PA 113 and section 19a as added by 1999 PA 157; and to repeal acts and parts of acts.

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

Senator Hardiman introduced

Senate Bill No. 1431, entitled

A bill to amend 1966 PA 138, entitled “The family support act,” by amending sections 2, 4, and 8a (MCL 552.452, 552.454, and 552.458a), sections 2 and 8a as amended by 2002 PA 574 and section 4 as amended by 1999 PA 158; and to repeal acts and parts of acts.

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

House Bill No. 4534, entitled

A bill to designate the third Wednesday in July as ride your motorcycle to work day.

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

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

House Bill No. 5651, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16334 and part 179A.

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 Economic Development and Regulatory Reform.

House Bill No. 5686, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is preying upon livestock under certain circumstances; and to provide for penalties.

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

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

House Bill No. 6021, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is preying upon a dog under certain circumstances; to provide for penalties; and to promulgate rules.

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

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

House Bill No. 6097, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 16, 33b, 44, 64a, and 76 (MCL 780.754a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by 2004 PA 456 and sections 16, 44, and 76 as amended by 2005 PA 184.

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 Judiciary.

House Bill No. 6098, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 30 and 31 of chapter XIIA (MCL 712A.30 and 712A.31), as amended by 1996 PA 561.

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 Judiciary.

House Bill No. 6099, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 11a.

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 Judiciary.

House Bill No. 6100, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 4a, 33b, and 64a (MCL 780.754a, 780.783b, and 780.814a), as added by 2004 PA 456.

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 Judiciary.

House Bill No. 6101, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 5 (MCL 445.65), as amended by 2006 PA 246.

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 Judiciary.

House Bill No. 6102, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12c.

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 Judiciary.

House Bill No. 6103, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding section 12d.

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 Judiciary.

House Bill No. 6105, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending section 12a (MCL 445.72a), as added by 2006 PA 566.

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 Judiciary.

House Bill No. 6133, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2006 PA 382.

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

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

House Bill No. 6172, entitled

A bill to create an Asian Pacific American affairs commission, an office of Asian Pacific American affairs, and an interagency council on Asian Pacific American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials.

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 Local, Urban and State Affairs.

House Bill No. 6271, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 48701 and 48703 (MCL 324.48701 and 324.48703), section 48701 as amended by 2003 PA 270 and section 48703 as added by 1995 PA 57.

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

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

Statements

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

The motion prevailed.

Senator Scott’s statement is as follows:

William Hastie, a Harvard doctoral graduate, was one of the bright young African Americans who achieved high visibility as a race relations advisor in the Roosevelt administration and then as assistant solicitor of the Department of Interior. In 1937, President Roosevelt appointed Dr. Hastie as a federal court judge in the Virgin Islands. Hastie was the nation’s first African-American federal magistrate.

From 1941 to 1943, Dr. Hastie served as an aide to the U.S. Secretary of War, but resigned in protest of the armed forces’ policies of segregation and discrimination. Three years later, he became the first African-American governor of the Virgin Islands. He was later appointed judge of the Third U.S. Circuit Court of Appeals by President Truman, where he served for 21 years.

His credentials were accompanied by a sharp wit, and he once quipped of a colleague: “He was against all change, except the kind he could jingle in his pocket.” That calls to mind those insurance companies that I’ve been railing against. They appear to be against all change, except the kind they can jingle in their pockets.

We must change that mentality. We must focus on the citizens of Michigan who are suffering as a result of that mind-set. We must bring change to the discriminatory and burdensome current insurance system, and I don’t mean the kind you can jingle in your pocket. Change the system. Move my bills.

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 standing committee:

Commerce and Tourism - Senator Stamas replacing Senator Sanborn.

The standing committee appointment was approved, a majority of the members serving voting therefor.

Senator Cropsey moved that when the Senate adjourns today, it stand adjourned until Friday, June 27, 2008, at 10:00 a.m.

The motion prevailed.

Committee Reports

The Committee on Commerce and Tourism reported

Senate Bill No. 973, entitled

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

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 Tuesday, June 24, 2008, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Gilbert and Clarke

Excused: Senators Sanborn and Hunter

The Committee on Commerce and Tourism reported

House Bill No. 5972, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432.

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, Sanborn, Clarke and Hunter

Nays: Senator Gilbert

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. 5973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432a.

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, Sanborn, Clarke and Hunter

Nays: Senator Gilbert

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. 5976, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 432d.

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, Sanborn, Clarke and Hunter

Nays: Senator Gilbert

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 Wednesday, June 25, 2008, at 8:00 a.m., Room 100, Farnum Building

Present: Senators Allen (C), Gilbert and Clarke

Excused: Senators Sanborn and Hunter

Scheduled Meetings

Commerce and Tourism - Friday, June 27, 9:00 a.m., Room 100, Farnum Building (373-2413)

Conference Committees -

Capital Outlay (SB 511) - Friday, June 27, 9:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Colleges (SB 1093) - Friday, June 27, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health (SB 1094) - Friday, June 27, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑2768)

Corrections (SB 1095) - Friday, June 27, 8:45 a.m., Room 110, Farnum Building (373-2768)

Environmental Quality (SB 1097) - Friday, June 27, 8:45 a.m., Rooms 402 and 403, Capitol Building (373-2768)

General Government (HB 5816) - Friday, June 27, 8:30 a.m., Room 426, Capitol Building (373-8080)

Higher Education (SB 1099) - Friday, June 27, 8:55 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources (SB 1106) - Friday, June 27, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

School Aid (SB 1107) - Friday, June 27, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

Economic Development and Regulatory Reform - Friday, June 27, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-7670)

Legislative Commission on Government Efficiency - Friday, June 27, 9:00 a.m., Room 405, Capitol Building (373‑0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 3:02 p.m.

In pursuance of the order previously made, the President pro tempore, Senator Richardville, declared the Senate adjourned until Friday, June 27, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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