No. 74

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, September 11, 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—excused 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—excused

Bishop—present Hunter—present Schauer—present

Brater—present Jacobs—present Scott—excused

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 Susan K. Bock of St. Gabriel Episcopal Church of Eastpointe offered the following invocation:

Holy One, we thank You for this day, a gift not a given; for all who went before us to win the freedom and peace that allow us to gather here without fear. Thank You for this day. Help us to live it well with awareness, gratitude, and joy. We thank You for all who love us and all whom we love, whom we have brought to this room in our hearts and thoughts and whom we commend to Your keeping and care this day.

On this anniversary of a great wounding of our nation, our world, and of Your own heart, we ask You to continue to heal our grief, aid our recovery, and teach us the things that will make for a true and lasting peace in the world. We give thanks for and remember all who lost and gave their lives that day.

We remember before You this day all who are in any need or trouble—our service men and women in Iraq and Afghanistan; for all who have suffered most profoundly in our fragile economy who have lost homes and jobs; for all who suffer homelessness, poverty, or illness. Help us turn our hearts and resources evermore generously towards their relief.

We pray for the children and youth of our state. May each one be able to grow up in health and peace and find their place in the world.

Finally, we give thanks for the work at hand, for the sacred privilege and responsibility of leadership. For this work, this sacred servanthood, I ask that You give each one here wisdom and the courage of love. May their deliberations be graceful, their decisions just, their labor productive, their words true, and their manners gentle. May they listen deeply to each other, their own best selves, and to You. May all their work honor You and the trust given them by the people of our state.

In these and all things, help us trust in Your goodness and care for us and all Your children. Amen.

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

Motions and Communications

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

The motion prevailed.

Senator Cropsey moved that Senator Allen be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senator Jansen entered the Senate Chamber.

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

The motion prevailed.

Senator Anderson’s statement is as follows:

I’m joined today by two of my colleagues: Senator Jacobs represents Lathrup Village and Senator Whitmer represents Holt. They joined me today to commemorate on this Patriot’s Day a lifetime of service and sacrifice by Army Sergeant First Class Matthew L. Hilton, a 17-year veteran of the Michigan Army National Guard. Sergeant Hilton had just been deployed to Afghanistan on a mission he volunteered for to work in an Embedded Training Team with the Afghani police for his second tour of duty in Operation Enduring Freedom. He served in eastern Afghanistan training Afghans to serve their communities as officers of the peace as he had done here in Michigan. On June 26, 2008, his convoy encountered improvised explosive devices, small-arms fire, and rocket-propelled grenades near Forward Operating Base Shank, Afghanistan. He succumbed to the wounds he suffered and was tragically taken from his loving family, friends, fellow soldiers, and our nation.

Prior to his tours of duty in Iraq and Afghanistan, Sergeant Hilton stood between his community and those who would harm others in his capacity as a Lathrup Village police officer. Sergeant Hilton’s military style and professionalism extended to his police work. A colleague in the police force recalled Sergeant Hilton followed a vigorous workout routine each morning and was the first to report for duty every day. Scott McKee, a Lathrup Village detective, said, “He was a great officer. He’d throw himself full scale into everything he attempted.”

Sergeant Hilton is a native son of Michigan and was raised in Holt, Michigan. Most recently, he had made his home in Livonia, Michigan, with his wife Mary and his two adult stepchildren, Brent and Hailie Robinson. He is also survived by two sets of parents: his mother, Mary Beth Pluger and her husband Mike; as well as his father, Leon Hilton, and his wife Sharon. He also is survived by a sister, Jeanine Hilton. His family is up here with us in the north Gallery and we will ask that they be recognized.

Sergeant Hilton spent his entire life serving others. He routinely stood in the way of danger in protecting his fellow man. He was never asked to do this nor compelled in any other fashion. Sergeant Hilton volunteered for this job; he volunteered to put others’ safety before his own. For this Sergeant Hilton is a true American hero and one of Michigan’s finest sons.

We wish, on behalf of the entire Michigan State Senate, to extend our deepest sympathy to the family and friends of Army Sergeant First Class Matthew L. Hilton, and our greatest appreciation goes to his family for his service to our nation.

A moment of silence was observed in memory of Army Sergeant First Class Matthew L. Hilton.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, September 10:

House Bill Nos. 5766 5953 5954 6287

The Secretary announced that the following official bills were printed on Wednesday, September 10, and are available at the legislative website:

Senate Bill Nos. 1453 1454 1455 1456 1457 1458 1459 1460 1464 1465

House Bill Nos. 6398 6399 6400 6401 6402 6403 6404 6405 6406 6407 6408 6409 6410 6411

6412 6413 6414 6415

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Bishop’s statement is as follows:

On September 11, 2001, 19 terrorists took the lives of nearly 3,000 people in a series of coordinated attacks on our country. While seven years have passed, I know none of us will soon forget the events of that tragic day. Less than 90 minutes elapsed from the time the first plane hit the World Trade Center at 8:45 a.m. until the crash of United Airlines Flight 93 in Pennsylvania at 10:10 a.m. What ensued was a series of chaotic events that brought the United States to a standstill and left our country and our world forever changed.

In the aftermath of this horrific destruction, what was left was the resolve and strength of a nation and a people who would not be undone by senseless acts of terror. Heroes emerged from the smoke and debris—heroes in the form of first responders who ran into the chaos, not out of the chaos; heroes in the form of those passengers on Flight 93 who diverted that plane from its intended target; heroes in the form of the men and women who died aboard those planes and in those buildings; and heroes in the form of the loved ones who have carried on the memories of those whose lives were lost.

September 11 was certainly one of the worst days in our nation’s history, but instead of crippling our spirits, it strengthened our resolve. Instead of ripping the United States apart, Americans resolved to be united in our stance against terrorism and those who would support such acts. Today we are a nation of patriots strengthened by adversity and resolute in our commitment to democracy and to freedom.

In memory of those patriots whose lives were lost, I ask that the Senate observe a moment of silence in honor of the men and women who perished seven years ago today.

A moment of silence was observed in honor of the men and women who died on September 11, 2001, from the terrorist attacks.

Senator Hunter 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

Senate Bill No. 776

Senate Bill No. 1097

Senate Bill No. 1106

Senate Bill No. 1095

The motion prevailed.

The following message from the Governor was received and read:

September 10, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to office under Section 1 of 1913 PA 271, MCL 399.1:

Michigan Historical Commission

Mr. Lloyd W. Conner, Jr., of 1883 Stumpmier Road, Monroe, Michigan 48162, county of Monroe, succeeding Debra K. Knooihusen, who has resigned, representing the general public, for a term commencing September 10, 2008 and expiring May 21, 2012.

Mr. Samuel Logan of 100 Riverfront Drive, #0710, Detroit, Michigan 48226, county of Wayne, reappointed to represent the general public, for a term expiring May 21, 2012.

Mr. Edward D. Surovell of 1000 Forest Road, Ann Arbor, Michigan 48105, county of Washtenaw, reappointed to represent the Historical Society of Michigan, for a term expiring May 21, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

The following message from the Governor was received and read:

September 10, 2008

I am writing to inform you of my withdrawal of the following reappointment filed with the Senate on July 15, 2008:

Michigan Women’s Commission

Ms. Rosa E. Morales of 5 Roethke Court, Saginaw, Michigan 48602, county of Saginaw, reappointed for a term commencing July 16, 2008 and expiring July 15, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

Messages from the House

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

Senate Bill No. 53

House Bill No. 4120

House Bill No. 4507

Senate Bill No. 868

Senate Bill No. 239

Senate Bill No. 1038

The motion prevailed.

Senator Garcia entered the Senate Chamber.

Senate Bill No. 218, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2007 PA 146.

(This House substitute was concurred in on June 27, and the motion to reconsider the vote postponed. See Senate Journal 66, p. 1541.)

The question being on the motion to reconsider the vote by which the House substitute was concurred in,

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

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

Senator Cropsey offered the following substitute to the House substitute:

Substitute (S-6).

The substitute to the 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. 536 Yeas—35

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

Cherry Hunter Patterson

Nays—0

Excused—2

Allen Scott

Not Voting—1

Sanborn

In The Chair: Richardville

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.

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

The amendment to the title was adopted.

The Senate agreed to the title as amended.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 1167

Senate Bill No. 921

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1167, entitled

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

The 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. 537 Yeas—35

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

Cherry Hunter Patterson

Nays—0

Excused—3

Allen Sanborn Scott

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 921, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16345, 18301, 18303, 18305, 18307, and 18309 (MCL 333.16345, 333.18301, 333.18303, 333.18305, 333.18307, and 333.18309), section 16345 as added by 1993 PA 79, sections 18301, 18303, 18307, and 18309 as added by 1988 PA 473, and section 18305 as amended by 2006 PA 394, and by adding sections 18313 and 18315.

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. 538 Yeas—35

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

Cherry Hunter Patterson

Nays—0

Excused—3

Allen Sanborn Scott

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Kahn’s statement is as follows:

This bill provides for the licensure of occupational therapists and for occupational therapy assistants. In Michigan, we have 4,500 occupational therapists and 1,100 occupational therapy assistants. These health care professionals provide care for people in hospitals, schools, rehabilitation centers, mental health facilities, children’s clinics, nursing homes, and private practice. Currently, they are registered but not licensed. This leads to problems with ongoing medical education and ongoing demonstration of competency, which the licensure bill will correct.

Across our country, of our 50 states, 47 have some version of licensure, and we will be joining them. It should be noted that in regards to the costs of licensure, this bill builds on the existing registration fees and is only an additional $15 a year. The bill, as well, provides for exceptions where there are concurrent scope of practice issues and other specialties. It provides for self-care and family care as reasonable exceptions as well.

We looked earlier in the year at overlap with prosthesis and orthesis and were able to resolve those difficulties. And as we come today to vote on this bill, we have resolved problems with regard to cost, professionalism, ongoing training, and education. I urge its passage.

Senator Schauer’s statement is as follows:

I stand here with Democratic Floor Leader Buzz Thomas and Monifa Gray, who has been one of our great policy analysts for the last year. She has received an incredible offer to move to be a staff attorney for Oakland County Circuit Court.

Monifa is a native of West Bloomfield, so she will be going back home. She is a graduate of the University of Michigan undergraduate school and Vanderbilt Law School. Monifa has been a great asset not just to our caucus, but to this entire Senate and all of the people of our state. We are here to express our thanks, also our sadness that we won’t have you around here helping us much longer. But we wanted to present this Special Tribute on behalf of all of the members of our caucus and this entire body for your hard work and commitment that you have given to all of us.

Please accept our deep appreciation and our best wishes—great luck to you. We know you will do great work for many, many years to come. Congratulations, Monifa.

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 Cassis 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. 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 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. 973, entitled

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

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:

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.

Substitute (S-2).

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

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

Senate Bill No. 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.

Substitute (S-1).

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

1. Amend page 1, line 9, after “technician,” by striking out “AN EMPLOYEE OF” and inserting “A PERSON EMPLOYED IN A PROFESSIONAL CAPACITY IN”.

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

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

Senate Bill No. 1421, entitled

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

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.

Resolutions

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

Senate Concurrent Resolution No. 22

Senate Resolution No. 181

Senate Concurrent Resolution No. 31

The motion prevailed.

Senators Birkholz, Van Woerkom, Patterson, Prusi, Brater, Basham, Hardiman, Jansen, Stamas, Allen, Kuipers, Kahn, Jelinek, George, Cassis, Bishop, Cropsey, Pappageorge, Garcia, Brown, Barcia, Scott, Richardville, Schauer, Thomas, Cherry, Olshove, Anderson, Hunter, Clark-Coleman, Gleason, Whitmer, Jacobs, Switalski, Clarke and Gilbert offered the following resolution:

Senate Resolution No. 216.

A resolution to honor and thank Julie Gales.

Whereas, In 1987, Julie Gales, a graduate geology student from the University of Michigan, joined the staff of the Legislative Service Bureau’s Legislative Science Office to investigate the suitability of the salt mine underneath Detroit as a deep geologic repository for hazardous waste. Her service on this project required several trips down the 1,000‑foot open elevator to explore the underground mine, confer with expert geologists on the conditions of the mine, and report back to the Legislature with her findings. This project began a tenure of dedication that has served the Michigan Legislature and our entire state in many ways over more than two decades; and

Whereas, After earning her master’s degree, Julie Gales accepted a full-time position with the Legislative Service Bureau, where she has continued to provide objective, nonpartisan research on a number of geologic issues of interest to the Legislature. Since that time, she has provided essential support to legislative discussions on numerous issues, including severed mineral rights; drilling under the Great Lakes; groundwater contamination, modeling, and withdrawals; contaminated site cleanups; copper mining; leaking underground storage tanks; injection wells; sand dunes, critical dunes, and sand mining; and countless other issues. Julie Gales has made complex scientific information useful to legislators and staff with wide-ranging backgrounds as they draft legislation, oversee state programs, and work with dynamic public policy issues. Apart from her knowledge, Julie’s impeccable sense of professionalism and personal commitment have earned her the trust of legislators and staff alike who have come to rely upon her ability to ask the right questions and deliver thorough, timely, and relevant information; and

Whereas, In addition to her direct impact on the legislative process, Julie Gales has been a valued leader at the Legislative Service Bureau. As a senior member of the Bureau’s Science and Technology Division, she has guided other analysts on their research and presentation of the relevant information to legislators and staff. In recent years, she has played a key role in reorganizing the Bureau’s research functions to work more efficiently and later became the assistant division director for the Research Services Division. In all facets of her career, Julie Gales’ uncommon set of analytic skills and public policy savvy has provided a model for others to emulate; now, therefore, be it

Resolved by the Senate, That we honor Julie Gales as she brings to a close her 21 years of dedication with the Legislative Service Bureau; and be it further

Resolved, That copies of this resolution be transmitted to Julie Gales and her family as evidence of our esteem.

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

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

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

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

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

The motion prevailed.

Senator Birkholz’s statement is as follows:

Senate Resolution No. 216 was written to congratulate and honor a 21-year staffer here in this state’s Senate. Julie Gales has worked in the Legislative Service Bureau Science and Technology Division and has provided her infinite knowledge, as well as wisdom in dealing with science and technology issues. She works a lot in the background, so many of you probably have not met her. You’ve seen her but not met her. However, any legislation that has passed in the last many years having anything to do with science- or technology-related issues have been researched, and I can tell you, very carefully and diligently by her to provide us with the most accurate and up-to-date information.

She has recently taken an early retirement. They have adopted a second daughter, and she is going to be a stay-at-home mom now. We would like to honor her for her 21 years of very careful and diligent service to the Michigan Senate. I urge you all to support this resolution.

Senators Clarke, Brater and Allen offered the following resolution:

Senate Resolution No. 217.

A resolution to memorialize the Congress of the United States to enact the New Partnership for Development Act.

Whereas, International trade and cooperation are vital components of our world economy. Fair and responsible trade practices are a key to helping assure continued economic growth and mutual prosperity. A measure currently before the Congress of the United States, the New Partnership for Development Act (H.R. 3905), would encourage enhanced American trade with some of the world’s poorest countries, and, at the same time, create real incentives for promoting civil liberties, labor rights, and environmental stewardship. Clearly, by creating new economic partnerships and promoting social and political stability in fledgling nations, this bill would pay tremendous benefits for years to come; and

Whereas, Indeed, the New Partnership for Development Act offers significant trade incentives, including duty-free status for products coming from some of our least developed countries. In return for these generous trade incentives, these trading partners must assure that they are making significant efforts toward protecting and promoting basic human rights; fair labor practices, including protections against child labor, unsafe working conditions, and unfair collective bargaining practices; and environmental responsibility. In addition, these countries would be encouraged to allow monitoring of their efforts to safeguard human rights and environmental protection, and a new federal compliance director would be designated to provide effective oversight; and

Whereas, As advances in communication, technology, and transportation make our world more and more interconnected, the international marketplace continues to grow in importance. The adoption of the New Partnership for Development Act would provide a market-based approach that would help assure that this growth will develop in a responsible and socially acceptable manner; now, therefore, be it

Resolved by the Senate, That we hereby memorialize the Congress of the United States to enact the New Partnership for Development Act; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Cropsey moved that the resolution be referred to the Committee on Commerce and Tourism.

The motion prevailed.

Senators Barcia, Cherry, Clark-Coleman and Jacobs were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senator Jelinek introduced

Senate Bill No. 1485, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2007 PA 168.

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

Senators Prusi, Whitmer, Cherry, Brater and Olshove introduced

Senate Bill No. 1486, entitled

A bill to regulate certain activities involving fire sprinkler and fire suppression systems; to establish certain licensing and endorsement standards; to provide for certain powers and duties for certain state agencies; to create certain boards; to create a fund for certain purposes and to impose certain fees; and to provide for certain penalties and remedies.

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

Senators Jelinek, Van Woerkom and Jansen introduced

Senate Bill No. 1487, entitled

A bill to amend 1905 PA 157, entitled “An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; to provide the powers and duties of certain local units of government and certain officials; and to prescribe penalties and provide remedies,” (MCL 41.421 to 41.429) by amending the title, as amended by 1998 PA 160, and by adding sections 6g and 6h.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators McManus, Jansen, Kahn and Pappageorge introduced

Senate Bill No. 1488, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 34 (MCL 169.234), as amended by 1999 PA 238.

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

Senator Allen introduced

Senate Bill No. 1489, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82103, 82105, and 82106 (MCL 324.82103, 324.82105, and 324.82106), section 82103 as added by 1995 PA 58, section 82105 as amended by 2008 PA 145, and section 82106 as amended by 2004 PA 587.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Outdoor Recreation.

Senators Barcia and Allen introduced

Senate Bill No. 1490, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2004 PA 587, and by adding section 82110a.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Outdoor Recreation.

Senator Jansen introduced

Senate Bill No. 1491, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 1998 PA 469.

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

House Bill No. 5766, entitled

A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” (MCL 462.101 to 462.451) by adding section 318.

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. 5953, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.

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. 5954, entitled

A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d.

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. 6287, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 27b and 68 of chapter X (MCL 710.27b and 710.68), section 27b as added by 1994 PA 208 and section 68 as amended by 1994 PA 373.

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 Families and Human Services.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Joint meeting held on Wednesday, September 10, 2008, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Excused: Senator Birkholz

COMMITTEE ATTENDANCE REPORT

The Committee on Hunting, Fishing and Outdoor Recreation submitted the following:

Joint meeting held on Wednesday, September 10, 2008, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Barcia (C), McManus, Cropsey and Prusi

Excused: Senator Allen

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, September 11, 2008, at 9:00 a.m., Room 110, Farnum Building

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

Scheduled Meetings

Appropriations -

Subcommittee -

Higher Education - Thursday, September 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Conference Committee -

Choice in Purchase of Electricity (HB 5524) - Tuesday, September 16, 9:00 a.m., Room 424, Capitol Building (373-8538)

Legislative Commission on Government Efficiency - Friday, September 26, 9:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Legislative Commission on Statutory Mandates - Tuesday, September 30, 12:00 noon, Oakland County Executive Office Building, Conference Center/West Oakland Room, Building 41-West, 2100 Pontiac Lake Road, Waterford (373‑0212)

Michigan Law Revision Commission - Wednesday, September 24, 9:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

State Drug Treatment Court Advisory Committee - Tuesday, September 23, 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 11:03 a.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, September 16, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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