No. 56

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, June 5, 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—excused Whitmer—present

Cropsey—present Olshove—present

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

Heavenly Father, we thank You for this day that You have given us and for this Senate. As we gather today in the chamber, we ask that You bless all of those here with us today and everyone in this great state of Michigan.

Help us to set aside our differences and work together to address the issues that are before us today. Guide us in all the decisions that we make in every aspect of our lives. Keep us conscious of the responsibility that we have to this state and to the citizens we represent. Grant this Senate, the House, our Lieutenant Governor, and Governor wisdom and strength to know Your will as we deliberate today.

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.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senator Schauer entered the Senate Chamber.

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, June 4:

House Bill No. 5364

The Secretary announced that the following official bills were printed on Wednesday June 4, and are available at the legislative website:

Senate Bill Nos. 1361 1362 1363 1364 1365 1366

House Bill Nos. 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 6197 6198

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

Senator Brown entered the Senate Chamber.

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

The motion prevailed.

The following messages from the Governor were received and read:

June 4, 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 state office under Section 3(3) of the Community Corrections Act, 1988 PA 511, MCL 791.403(3):

State Community Corrections Board

Mr. Curtis T. McGhee II of 2320 North LaSalle Gardens, Detroit, Michigan 48206, county of Wayne, succeeding Carl W. Solden, whose term has expired, representing the general public, for a term commencing June 4, 2008 and expiring March 29, 2012.

Mr. Louis Dean of 2438 Martin Avenue, S.E., Grand Rapids, Michigan 49507, county of Kent, reappointed to represent an existing community alternatives program, for a term expiring March 29, 2012, appointed under Section 3(3)(g).

Mr. George Zulakis of 1762 Spring Lake Drive, Okemos, Michigan 48864, county of Ingham, reappointed to represent a criminal defense attorney, for a term expiring March 29, 2012, appointed under Section 3(3)(j).

June 4, 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 office under Section 1 of 1964 PA 233, MCL 390.941:

State Higher Education Facilities Commission

Ms. Lerrlyn Nelson of 18833 Dwyer Street, Detroit, Michigan 48234, county of Wayne, succeeding James W. Woolfolk, whose term has expired, representing residents of the state interested in higher education, for a term commencing June 4, 2008 and expiring May 22, 2011.

Mr. Lewis N. Walker, Ph.D., of 12600 Beacon Hill Court, Plymouth, Michigan 48170, county of Wayne, succeeding Glenda D. Price, who has resigned, representing private colleges and universities, for a term commencing June 4, 2008 and expiring May 22, 2011.

Mr. William J. Cochran of 6109 East Long View Drive, East Lansing, Michigan 48823, county of Ingham, reappointed to represent residents of the state interested in higher education, for a term expiring May 22, 2010.

Mr. Harold Gardner of 29700 Bristol Lane, Bingham Farms, Michigan 48025, county of Oakland, reappointed to represent residents of the state interested in higher education, for a term expiring May 22, 2012.

Mr. James N. Goenner, Ph.D., of 313 Four Square Drive, Mt. Pleasant, Michigan 48858, county of Isabella, reappointed to represent public colleges and universities in the state, for a term expiring May 22, 2012.

Mr. Daniel J. Limer of 3909 Edgeland Avenue, Royal Oak, Michigan 48073, county of Oakland, reappointed to represent residents of the state interested in higher education, for a term expiring May 22, 2012.

Ms. Amy D. Seetoo of 3111 Cedarbrook Road, Ann Arbor, Michigan 48105, county of Washtenaw, reappointed to represent residents of the state interested in higher education, for a term expiring May 22, 2011.

June 4, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office under Section 209 of the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1209:

Michigan Liquor Control Commission

Ms. Colleen A. Pobur, a Democrat, of 240 North Harvey Street, Plymouth, Michigan 48170, county of Wayne, succeeding Virgie M. Rollins, whose term will expire on June 12, 2008, appointed for a term commencing June 13, 2008 and expiring June 12, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

Messages from the House

Senators Garcia, Barcia and Birkholz entered the Senate Chamber.

Senate Bill No. 752, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 237 (MCL 32.637).

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.

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

Senate Bill No. 1097, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

Substitute (H-1).

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 379 Yeas—0

Nays—35

Allen Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brown Gleason Pappageorge Thomas

Cassis Hardiman Patterson Van Woerkom

Cherry Hunter Prusi Whitmer

Clark-Coleman Jacobs Richardville

Excused—2

Brater McManus

Not Voting—1

Anderson

In The Chair: Richardville

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 Basham as Chairperson.

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

Senate Bill No. 978, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1907 (MCL 324.1907), as added by 1995 PA 60.

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. 1123, entitled

A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 3 (MCL 290.643), as amended by 2006 PA 271.

Substitute (S-1).

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

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

Senate Bill No. 1127, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36110, 36112, and 36113 (MCL 324.36110, 324.36112, and 324.36113), section 36110 as amended by 1996 PA 233 and sections 36112 and 36113 as added by 1995 PA 59.

Substitute (S-1).

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

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

Senate Bill No. 1196, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 430.

Substitute (S-1).

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

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

Senate Bill No. 974, entitled

A bill to amend 1978 PA 255, entitled “Commercial redevelopment act,” by amending sections 4, 12, and 18 (MCL 207.654, 207.662, and 207.668), section 12 as amended by 1998 PA 243 and section 18 as amended by 1984 PA 342, and by adding section 12a.

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. 980, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

Substitute (S-1).

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

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

Senate Bill No. 1206, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 8d (MCL 125.2683 and 125.2688d), section 3 as amended by 2006 PA 304 and section 8d as amended by 2006 PA 93.

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.

During the Committee of the Whole, Senator Brater entered the Senate Chamber.

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:

Senate Bill No. 974

Senate Bill No. 978

Senate Bill No. 980

Senate Bill No. 1206

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. 519

Senate Bill No. 1239

Senate Bill No. 974

Senate Bill No. 978

Senate Bill No. 980

Senate Bill No. 1206

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 519, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

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. 380 Yeas—34

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—3

Brater Clark-Coleman Scott

Excused—1

McManus

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. 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 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. 381 Yeas—37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays—0

Excused—1

McManus

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. 974, entitled

A bill to amend 1978 PA 255, entitled “Commercial redevelopment act,” by amending sections 3, 4, 12, and 18 (MCL 207.653, 207.654, 207.662, and 207.668), section 3 as amended by 1980 PA 407, section 12 as amended by 1998 PA 243, and section 18 as amended by 1984 PA 342, and by adding section 12a.

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. 382 Yeas—37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays—0

Excused—1

McManus

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Richardville’s statement is as follows:

This legislation is a part of the Senate’s downtown redevelopment package. Each of these bills addresses a specific element of development, and the two bills work to promote the revitalization of downtown areas throughout the state.

Senate Bill No. 974 reactivates the Commercial Redevelopment Act for properties located within a DDA in any city or village in Michigan. By doing so, it offers incentives to companies that rehabilitate obsolete commercial facilities or build new commercial structures in previously-developed areas or in sections of a community characterized by obsolete property.

Senate Bill No. 978, sponsored by Senator Stamas, amends the Michigan Natural Resources Trust Fund statute to require the trust fund board to give consideration to recreational trail projects that intersect downtowns in cities and villages when submitting their project list to the Legislature for both approval and funding. Such trail projects have been shown to add a vibrant, multidimensional downtown area, while increasing the number of people coming into downtown communities.

Thank you, Mr President. I encourage your support.

Senator Jacobs’ statement is as follows:

I, too, rise to ask my colleagues to support this bill as part of a really creative package that I know the sponsors have been working on that really dovetails with our talent caucus, which has been a bipartisan, bicameral group of legislators who have been meeting over the last several months.

If we are to create environments that are attractive to the creative, young, talented class that we want to thrive in Michigan, this is part of where we need to be going. So I hope that this is just the tip of the iceberg in terms of where we need to go. I want to continue to build on these types of concepts which I think are going to be so important for Michigan’s future.

I request that my remarks be printed in the Journal, and I encourage your support.

The following bill was read a third time:

Senate Bill No. 978, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1907 (MCL 324.1907), as added by 1995 PA 60.

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. 383 Yeas—37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays—0

Excused—1

McManus

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. 980, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

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. 384 Yeas—37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays—0

Excused—1

McManus

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. 1206, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 6 and 10 (MCL 125.2686 and 125.2690), section 6 as amended by 2006 PA 304 and section 10 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. 385 Yeas—37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays—0

Excused—1

McManus

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Cropsey moved that consideration of the following 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. 203

Senate Resolution No. 204

The resolution consent calendar was adopted.

Senators Jelinek, Jansen, Pappageorge, Bishop, Richardville, Anderson, Kahn, Van Woerkom and Kuipers offered the following resolution:

Senate Resolution No. 203.

A resolution to recognize June 11, 2008, as Older Michiganian’s Day, honoring our state’s population of older citizens.

Whereas, The 1.5 million Michiganians age 60 and over deserve our utmost respect and gratitude for their many contributions to our communities and our state. Older citizens play a vital role in cities and towns all across our great state; and

Whereas, Older Michiganians are active supporters of Michigan’s economy, workforce, charities, religious institutions, local communities, and institutions of government. This group is one of our state’s greatest resources of understanding our past and improving our future. They are truly a foundation upon which we can build a better tomorrow; and

Whereas, This invaluable group of citizens is being honored and admired for their many years of service to the state of Michigan. They have been an indispensable source of knowledge and inspiration throughout the years; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare June 11, 2008, as the first Older Michiganian’s Day. It is our hope that on this day all Michiganians will honor the older citizens in their lives and recognize the many contributions they have made to Michigan communities.

Senators Cherry, Clarke, Gleason, Jacobs, Schauer and Switalski were named co‑sponsors of the resolution.

Senators Richardville and Bishop offered the following resolution:

Senate Resolution No. 204.

A resolution commemorating the Detroit Red Wings on their championship victory in the 2008 Stanley Cup Finals.

Whereas, The Detroit Red Wings defeated the Pittsburgh Penguins in the sixth game of the Stanley Cup Finals; and

Whereas, The Detroit Red Wings, as the franchise with the most wins in the National Hockey League, won the President’s Trophy for a sixth time; and

Whereas, The Detroit Red Wings have shone a positive light on the city of Detroit and the state of Michigan; and

Whereas, Team owners Mike and Marian Ilitch have shown a dedication to their hockey franchise and its host city that far exceeds that of their counterparts in the world of professional sports; and

Whereas, Coach Mike Babcock is a finalist for the Jack Adams Award for a coach adjudged to have contributed the most to his team’s success; and

Whereas, Captain Nicklas Lindstrom is a finalist for the James Norris Memorial Trophy for demonstrating the greatest all-around ability among NHL defensive players; and

Whereas, Pavel Datsyuk was awarded the NHL’s Plus Minus Award for achieving the highest plus-minus statistic among all players during the regular season, and he is a finalist for the Lady Bing Trophy for a player who exhibits outstanding sportsmanship and gentlemanly conduct combined with a high standard of playing ability; and

Whereas, Chris Osgood and Dominik Hasek were jointly awarded the William M. Jennings Trophy for allowing the fewest goals in the NHL during the regular season; and

Whereas, The Detroit Red Wings have been the most successful team in the National Hockey League for the past fifteen years; now, therefore, be it

Resolved by the Senate, That we congratulate the Detroit Red Wings on their championship victory in the 2008 Stanley Cup Finals; and be it further

Resolved, That a copy of this resolution be transmitted to the Detroit Red Wings Organization.

Senator Pappageorge offered the following concurrent resolution:

Senate Concurrent Resolution No. 29.

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

Whereas, Section 76 of Chapter 14 of the Revised Statutes of 1846, being MCL § 51.76, as added by 1978 PA 416, permits secondary road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a secondary road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and

Whereas, Indeed, subsection (3) of MCL § 51.76 specifically provides, in part, that: “A concurrent resolution adopted by a majority vote of the Senate and the House of Representatives which states that the city or village is required to reduce general services because of economic conditions and is not reducing law enforcement services shall be presumptive that the city or village has not violated the strictures of this subsection”; and

Whereas, In Oakland and Wayne counties, city and village general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That cities and villages in Oakland and Wayne counties have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in section 76 of Chapter 14 of the Revised Statutes of 1846, as added by 1978 PA 416; and be it further

Resolved, That cities and villages in Oakland and Wayne counties have met the necessary terms of their agreements for secondary road patrol services.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Local, Urban and State Affairs.

The motion prevailed.

Senators Cherry and Jelinek were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

House Bill No. 5364, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 55A.

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

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

House Bill No. 5726, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.

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

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

House Bill No. 5728, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11 (MCL 400.11), as amended by 1990 PA 122.

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

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

House Bill No. 6022, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 356a (MCL 750.356a), as amended by 1998 PA 311.

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. 6053, entitled

A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The House of Representatives has passed the bill.

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

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.

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

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

Statements

Senators Scott, Schauer, Jacobs, Gleason and Bishop asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott’s statement is as follows:

“An inch of progress is worth more than a yard of complaint.” That’s what the brilliant Booker T. Washington said. Booker T. Washington was an outspoken leader of the African-American community, a member of the last generation of African Americans born into slavery. “An inch of progress is worth more than a yard of complaint.” That’s what my four-year effort of daily statements in this chamber is about—an inch of progress.

Every day I hope that one of my statements will encourage you to do the right thing. Every day I pray that one of my proverbs will inspire you to act for the good of all Michigan homeowners and drivers. And every day I stand in front of you filled with optimism that this will be the day that you will see the light and move my bills.

Senator Schauer’s statement is as follows:

I rise for a special presentation. It is with sadness, but really with pride, that the Senate Democratic Caucus pushes one of our staff out of the nest. Courtney Schaffer, who joined us about a year ago, has accepted a position with the Michigan Court of Appeals in Grand Rapids.

I met Courtney, who is a constituent along with her very large family in Jackson, Michigan, as an Albion College student, which is my alma mater. So I was a bit partial when Courtney came to volunteer with me many years ago now—I think 2002. And when we had an opening on our staff looking for an attorney, I told our staff that we need to look at Courtney Schaffer. They came back and said that she is incredible and we have to add her to our team. So Courtney has been primarily responsible for policy related to the Senate committees on Commerce and Tourism, Government Operations and Reform, Senior Citizens and Veterans Affairs, and Judiciary. She has covered a number of Appropriations subcommittees, including capital outlay—can’t you get that fixed, Courtney?—community colleges, Corrections, Military and Veterans Affairs, and State Police.

Courtney attended and completed law school at Valparaiso in Indiana. She is a talented, talented attorney, and, selfishly, I would have liked to have told her, “No, Courtney, you can’t leave us.” She loves it here, she does, but this is an opportunity too good to be true for her to pass up, and I am assuming it is a sizable pay raise as well. But she will be taking a new position as a pre-hearing attorney with the Michigan Court of Appeals.

Courtney, you typify what all of us want in our staff here in serving the people. You will continue to be a public servant, and we wish you well. Senator Thomas and I are proud to present to you a tribute on this day. I hope that you remember us and come back and see us. I would ask my colleagues to give Courtney Schaffer a very, very warm thank you for her dedicated work to us here in the Senate.

Senator Jacobs’ statement is as follows:

I was absent from session yesterday due to a funeral, a death in the family, and had I been here, I would have voted “yes” on Senate Bill Nos. 1119, 1120, and 1121.

Senator Gleason’s statement is as follows:

Lieutenant Governor and our fellow Senators, I rise this morning to congratulate the greatest hockey team on the face of the Earth, an international squad at heart but a Michigan team in place. I would like to congratulate the Detroit Red Wings on once again being the World Champions. Here’s to Hockeytown.

Senator Bishop’s statement is as follows:

It is a great honor for me today to have a good friend of the state, a good friend of this chamber, and someone who has really been sticking with Michigan through thick and thin. We have with us today for the legislative day the Big Boy Restaurants, and with us in the east Gallery is the CEO, Tony Michaels. I know he is going to be joined today with the owner and chairman of Big Boy Restaurants International. He is probably walking in as we speak. If we see Bob Liggett, I would like to pay special attention to him as well.

But I would like to just say a few words on behalf of Big Boy Restaurants, who has been so good to this state. Big Boy has been a fifty-year Michigan-based company and has invested so much into this state through so many difficult times. They employ 6,500 Michiganders, and they have 130 Big Boy Restaurants statewide. I do know that my good friend from the 9th District would be happy and proud to announce that this company is headquartered in Warren, Michigan, and we are grateful for that. But I think it is very important for all of us to understand that the Big Boy corporation has gone out of its way on behalf of Michigan, spending its own hard-earned money to do a statewide campaign called “It’s a Michigan Thing,” and not for Big Boy, but for the state of Michigan. We do not give them the credit that they deserve—a company that has invested and is sticking with this state and will do whatever it takes to help us turn this state around.

I think it is important that we recognize the Big Boy company and the CEO and the owner, who are here today. You should also know that they have been specially selected by the Detroit Red Wings to cater the victory parade, so another great responsibility.

Once again, ladies and gentlemen, I can’t say enough about this group, and you all have bobbleheads on your desks today to remind you. It’s not Tony Michaels, by the way; that is actually the Big Boy.

Thank you to all of you who are responsible for this at Big Boy. Thank you for your investment. Thank you for all that you have done for this state. We all owe you a large debt of gratitude.

Committee Reports

The Committee on Energy Policy and Public Utilities reported

House Bill No. 5383, entitled

A bill to provide for the member-regulation of electric cooperatives; to prescribe the powers and duties of certain state agencies and officials; and to provide for certain penalties and remedies.

With the recommendation that the bill pass.

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

Bruce Patterson

Chairperson

To Report Out:

Yeas: Senators Patterson, Brown, Birkholz, Kuipers, Richardville and Prusi

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Energy Policy and Public Utilities submitted the following:

Meeting held on Tuesday, June 3, 2008, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Brown, Birkholz, Kuipers, Richardville and Prusi

Excused: Senators Olshove and Thomas

COMMITTEE ATTENDANCE REPORT

The Committee on Campaign and Election Oversight submitted the following:

Meeting held on Wednesday, June 4, 2008, at 12:30 p.m., Room 405, Capitol Building

Present: Senators McManus (C), Brown, Jansen and Schauer

Excused: Senator Jacobs

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, June 4, 2008, at 1:00 p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, June 4, 2008, at 2:30 p.m., Room 210, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, June 4, 2008, at 3:05 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Excused: Senator Jacobs

Scheduled Meetings

Appropriations -

Subcommittee -

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

Legislative Commission on Government Efficiency - Friday, June 27, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Legislative Commission on Statutory Mandates - Wednesday, June 25, 2:00 p.m., Room 327, South Tower, House Office Building (373-0212)

Local, Urban and State Affairs - Tuesday, June 10, 3:00 p.m., Room 110, Farnum Building (373-1635)

State Drug Treatment Court Advisory Committee - Tuesday, June 10, 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 10:55 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, June 10, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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