No. 79

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, September 24, 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

Pastor Jim Hegedus of First Presbyterian Church of Jackson offered the following invocation:

Gracious God, we come before You this day seeking Your divine guidance. Be with each of the legislators here in their deliberations. Grant them wisdom as well as understanding and appreciation of different points of view.

Help us all to cooperate with one another so that we can get the job done. Remind each of us who are here in this Capitol Building that Your minimum daily requirement for every person is to do justice, to love kindness, and to walk humbly with You. Lord, fill us with humility and honor as we serve You and the people of Michigan here in this place.

And, Lord, we would ask that You would bless all who work here and their families, the secretaries, the chiefs of staff, receptionists, building and grounds maintenance personnel, and parking lot attendants, as well as those who labor here on this floor, that we may serve You faithfully and be a blessing to the state of Michigan. 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 rule 3.902 be suspended to allow the guests of Senator Cassis admittance to the Senate floor, including the center aisle.

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

Senator Cropsey moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Recess

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

The motion prevailed, the time being 10:05 a.m.

10:15 a.m.

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

During the recess, Senator Cassis honored the 20th Anniversary of the Motorsports Hall of Fame of America in Novi and introduced Ron Watson, director; and Rob Strebler, chairman of the Board of Directors; and presented them with a Special Tribute.

Mr. Watson responded briefly.

During the recess, Senators Kahn, Allen, Clarke, Garcia and Brown entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:16 a.m.

10:46 a.m.

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

The Secretary announced that the following official bill was printed on Tuesday, September 23, and is available at the legislative website:

Senate Bill No. 1536

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

Senate Resolution No. 200

The motion prevailed.

Senator Cropsey moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 222

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

Senators Brown, Allen, Cropsey, Pappageorge, Kuipers, Stamas, Gilbert, Barcia, Kahn, George, Sanborn, Jelinek, Hardiman, Birkholz and Jansen offered the following resolution:

Senate Resolution No. 222.

A resolution to memorialize the Congress of the United States to enact legislation to help revitalize the economy in states with exceptionally high rates of unemployment by the creation of a Recovery State Renaissance Zone Act.

Whereas, Our nation, the state of Michigan in particular, is being buffeted by the tumultuous seas of economic change. Global manufacturing shifts have had a disproportionate impact on the Great Lake State’s manufacturing sector. Indeed, despite years of diversifying our economy and streamlining our state’s governmental operations, Michigan continues to be one of those states trapped in this economic maelstrom; and

Whereas, According to the latest U.S. Department of Labor employment statistics, Michigan continues to lead the nation in the rate of unemployment. Our average unemployment rate has exceeded the national average by more than 50 percent in each of the past two calendar years, and the state is on track to break this mark again in 2008. This disparity clearly points to the fact that Michigan cannot wait for its long-term economic development initiatives to see fruition. The need for federal assistance in our efforts is immediate and pressing; and

Whereas, Congress must enact a federal law that mirrors Michigan’s Renaissance Zone statute to create federal Renaissance Zones. States with average unemployment rates of 50 percent above the national average for at least the past two years must be designated as renaissance states. As renaissance states, they would qualify for two recovery benefits: 1) a statewide 100 percent increase in the federal investment tax credit; and 2) the ability to designate certain areas of the state as exempt from federal corporate taxes with a cap of $1 billion per year; now, therefore, be it

Resolved by the Senate, That we hereby memorialize the Congress of the United States to enact legislation to help revitalize the economy in states with exceptionally high rates of unemployment by the creation of a Recovery State Renaissance Zone 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.

The question being on the adoption of the resolution,

Senator Cropsey requested the yeas and nays.

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

The resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No. 564 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

Senators Anderson, Basham, Cherry, Clarke, Garcia, Gleason, Hunter, Jacobs, McManus, Olshove, Richardville and Van Woerkom were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Brown’s statement is as follows:

Just earlier in the week, my office staff and I were celebrating the great news of upwards of some 400 jobs coming to our Senate district. Within literally minutes after that very happy moment of celebration, we received news that in the same general locale of my district we were going to lose 350 jobs.

Now, Mr. President, Senate Resolution No. 222 would urge Congress to enact legislation to help revitalize the economy of states with annual unemployment rates 50 percent above the national average for two years. Mr. President, wherever we go, whether it’s the grocery store or gas station, the main concern on the minds of most everyone in our state is Michigan’s economy and the need for people to find work.

For 2006 and 2007, Michigan’s annual average unemployment rate exceeded the federal average by 50 percent, and for 2008, our unemployment rate is on track to do so again. August’s unemployment rate—as we all know—reached 8.9 percent. Michigan has had the highest employment rate in the nation for 30 months, since March 2006. This is not a track record or a designation that our state workers want to have.

By the resolution before us, we are attempting to help Michigan’s economy and lower this high unemployment rate by offering a simple idea to the members of Congress to aid Michigan and other states who suffer similar economic straits. The resolution calls for a Recovery State Renaissance Zone Act, which would offer qualifying states the following: first, an increase in the federal investment tax credit; two, the ability to designate certain areas of the state as exempt from federal corporate taxes with a cap of $1 billion per year.

Mr. President, these are just ideas. Congress could, of course, use any part of this resolution or add to the ideas suggested to help the recovery of states likes ours. Economic development officials from my district have agreed that while Michigan has enacted some policies to help spur Michigan’s economy in the long-term and while we still need to make additional changes to ease regulations on businesses, there is a role the federal government can play to step in and assist our state as well.

Mr. President, please join me and I ask all members to support Senate Resolution No. 222.

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 Garcia 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:

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 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 joint resolution:

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IV and section 18 of article V, to limit the budget, to require certain deposits into certain state funds, and to require a 2/3 majority for certain appropriations.

Substitute (S-5).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the joint resolution 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. 1084, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is killing, wounding, or biting livestock under certain circumstances; and to promulgate rules.

Substitute (S-4).

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. 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.

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 amendment, the following bill:

Senate Bill No. 1252, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230, 1230a, and 1230g (MCL 380.1230, 380.1230a, and 380.1230g), as amended by 2006 PA 680.

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

1. Amend page 36, following line 2, by inserting:

“Enacting section 1. Enacting section 1 of 2008 PA 1 is repealed.”.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 1252

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

The following bill was read a third time:

Senate Bill No. 1252, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230, 1230a, and 1230g (MCL 380.1230, 380.1230a, and 380.1230g), as amended by 2006 PA 680.

The question being on the passage of the bill,

Senator Whitmer offered the following amendment:

1. Amend page 36, following line 2, by striking out all of enacting section 1.

The amendment was not adopted, a majority of the members serving not voting therefore.

Senator Thomas requested the yeas and nays.

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

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

Roll Call No. 565 Yeas—18

Anderson Clark-Coleman Kahn Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry Jacobs

Nays—20

Allen Cropsey Jansen Patterson

Birkholz Garcia Jelinek Richardville

Bishop George Kuipers Sanborn

Brown Gilbert McManus Stamas

Cassis Hardiman Pappageorge Van Woerkom

Excused—0

Not Voting—0

In The Chair: Richardville

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. 566 Yeas—20

Allen Cropsey Jansen Patterson

Birkholz Garcia Jelinek Richardville

Bishop George Kuipers Sanborn

Brown Gilbert McManus Stamas

Cassis Hardiman Pappageorge Van Woerkom

Nays—18

Anderson Clark-Coleman Kahn Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry Jacobs

Excused—0

Not Voting—0

In The Chair: Richardville

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

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1230, 1230a, and 1230g (MCL 380.1230, 380.1230a, and 380.1230g), as amended by 2006 PA 680; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

Protest

Senator Gleason, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1252 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Gleason’s statement is as follows:

Fellow Senators, I rise in opposition to my own legislation. I believe that again we are doing an injustice to the process. We establish committees for the singular purpose of debating openly and fairly legislation that will come before this body. Allowing substitute bus drivers to be more readily available is quite different than talking about a charter school on the westside of the state of Michigan, and it is similarly disjointed from the efforts of Detroit Public Schools.

Now, I know my school districts and yours as well have a shortage of substitute bus drivers, and it is timely to get their criminal background and histories checked into the hands of those who will hire them for maybe a single day. So this legislation means an awful lot to me, but it means an awful lot to the school districts who need these substitute teachers as well. But when we do things wrong, we sometimes have consequences that we don’t realize. I think in recent years we have seen that come to fruition more than any of us would have liked. But we have an opportunity today to say, look, we will utilize the committee process to openly debate these tremendous issues.

We voted in a bipartisan fashion a year ago when Doug Ross presented us with an opportunity to site a charter school down in Detroit—in the heart of Detroit actually. We worked together in a bipartisan fashion to allow another choice for Detroit students. But today we are expediting this process again. So as much as I know the substitute bus drivers are needed, I know that we are doing an injustice to this institution.

So I would ask all those who believe the institution is greater than any piece of legislation or any amendment to join me in voting down this legislation, and put the legislation that has been amended, the request that has been asked for this morning, let’s put them in the committee where they belong.

We should not disrespect those who ask to serve on particular committees; those who asked to be in leadership or chair these particular committees. So let’s respect the institution. I have tried to be fair today, personally, by saying we should not amend this with a Democratic or Republican proposal in both fashions. Last year, we worked together to support a Republican Representative who had trouble with his school districts in the Perry and Morrice districts. We worked together in a bipartisan fashion to find a resolution so that those schools would not close without losing their teachers. That is the course that we should be taking today.

Let’s respect them, the chairmen and chairwomen of our committees, and let’s respect those who make up the committee by putting these vitally important issues in that process.

I would like to ask for a “no” vote on my legislation.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Barcia introduced

Senate Bill No. 1537, entitled

A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 4 (MCL 28.4).

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

Senators Schauer and Barcia introduced

Senate Bill No. 1538, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17766g.

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

Senators Gleason and McManus introduced

Senate Bill No. 1539, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 473a.

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

Senators Cassis, Gilbert, McManus and Garcia introduced

Senate Bill No. 1540, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 513 (MCL 208.1513).

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

Senators Cassis, Gilbert, McManus and Garcia introduced

Senate Bill No. 1541, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 10 (MCL 207.810), as amended by 2006 PA 283.

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

Statements

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

The motion prevailed.

Senator Cassis’ statement is as follows:

Our struggling Michigan-based auto companies once again take center stage, nationally and locally, here in Lansing. We, in the Legislature, have helped and continue to want to help our automobile industry. Clearly, the United States government stands poised to assist these companies by providing $25 billion. The vote to do so is immediately pending.

Yesterday, Governor Granholm, accompanied by James Epolito, head of the Michigan Economic Development Corporation (MEDC), announced a $122.5 million General Fund giveaway to encourage General Motors to expand four existing plants and build one new one to include assembly of the pending Chevrolet Volt. If subsidies are given like this, will they be used to rehabilitate mothballed plants, like the Ford Wixom Plant and other closed plants throughout Michigan, or will these plants remain idle?

Why wouldn’t Volkswagen bite on the golden giveaway apple? We have the properties here in Michigan, the plants, and the skilled workers? Importantly—and I want to underscore this—we are reasonably confident that through credits in the new Michigan business tax, General Motors and the other auto companies’ tax liability was wiped out. Yes, I said wiped out. Thus the new giveaways, millions and millions of dollars, will be funded on the backs of our struggling small businesses—the very same small businesses who are subsidizing these Michigan business tax targeted breaks.

Remember, my friends, these small businesses are the backbone of our economy and our primary job providers. But that’s not all; I wish it were, but that’s not all. At the same time, Governor Granholm announced 16 other winners and claims this will create over 21,000 jobs. Well, research is showing these numbers will vastly inflate actual job creation if one looks at the MEDC track record. But, then again, this reinforces the perception that Governor Granholm and Jim Epolito are very far removed from reality and so is economic recovery by press release.

Will distortions of this sort only serve to hasten Michigan’s race to the bottom? Jobs and small-business retention play second fiddle to tax expenditure spending and overblown press pronouncements. Michigan has lost almost 256,000 jobs under the Granholm administration. If the MEDC were creating jobs, why is Michigan’s unemployment at the highest level in the nation at 8.9 percent? And why is it that these increases are the tax increases last year signed into law by this Governor, the largest in an entire generation. And Governor Granholm says, “We’re not going to slow down.”

Colleagues, once again, tax increases on job providers and all of us, has it improved this situation? Have tax increases improved a recession?

Senator Birkholz’s statement is as follows:

I rise today to praise the efforts yesterday of the United States House of Representatives in approving Senate Joint Resolution No. 45, the resolution ratifying the Great Lakes-St. Lawrence River Basin Water Resources Compact. The compact is done.

I am very pleased and also thankful that the House of Representatives provided final congressional approval for the Great Lakes Compact, along with the water resources. This quick action is a very, very strong signal that Congress has listened to the legislators and governors in our eight states. We have been on the front line in this effort. The compact provides much more certainty that Michigan’s basin waters will be protected now and in the future. Only one important, more important, step in this process remains—a signature by the President of the United States, and he has indicated that he will sign the measure.

As many of you recall, this body led the efforts to pass the compact in Michigan and while implementing an innovative water withdrawal assessment process for the state of Michigan. The compact, which was first approved by eight states in the basin, develops common measures for regulating in-state withdrawals and prohibiting out-of-basin water diversions.

It is significant because it represents an agreement made by eight states in the basin, and it has now received the support at the national level from Congress. It is also very important to note that with the compact came our own biologically-based water withdrawal assessment law. Michigan now has the strongest water protection laws in the nation.

For the past five years, we have been working to implement the laws that will preserve our waters so that they can be wisely used and enjoyed by state residents. We were the first state to implement a science-based approach to regulating water usage. We adopted it at the same time that we approved the compact in order to ensure greater protection of our water resources. This unique water withdrawal assessment process, signed into law in July at Oval Beach in Saugatuck, allows large water-volume users to determine if a proposed withdrawal will have an adverse resource impact on state water levels and our natural resources.

It cannot go without notice that one of Michigan’s congressional delegation chose to vote against the compact. This lone “no” vote from Michigan—the state that has more Great Lakes shoreline than any other—was based on a concern about a water bottling plant and a water bottle being shipped out of the basin.

Let me reiterate folks, our concern has never been about the ultimate use of water or the product, but simply protecting our water resources for use by our citizens and to protect those water-dependent natural resources. It has been my goal that has taken totally the focus of our efforts in that we not give up the ultimate use or any advantage to anyone else. Everyone is subject to the same standard. We cannot cause an adverse resource impact no matter who the user is. That is the standard that we have adopted and we will hold Michigan accountable to.

Senator Scott’s statement is as follows:

I offer you today an African proverb that urges you to “jump at the sun. You may not land on the sun, but at least you’ll be off the ground.” That advice describes my emotions some three decades ago when I first began my legislative efforts to bring reform to Michigan’s insurance system. Every day I got up and jumped at the sun, and every little step of progress we made was at least getting off the ground. I’ve been jumping at the sun for more than 30 years now. And while there have been times I’ve felt I was getting closer, getting off the ground is no longer enough.

Even though much time has passed, I am bound and determined to bring fair and just insurance practices to every Michigan resident. I will continue to appeal to your sense of integrity and justice and honesty every session day until the day I actually land on that sun.

Now there’s an event you don’t want to miss, and all you have to do is just move my bills.

Committee Reports

The Committee on Agriculture reported

Senate Bill No. 1244, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and sections 1, 2, 2a, and 3 (MCL 285.301, 285.302, 285.302a, and 285.303), the title and section 2 as amended by 2006 PA 423 and section 2a as added by 2006 PA 424; and to repeal acts and parts of acts.

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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Birkholz and Gleason

Nays: None

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

The Committee on Agriculture reported

Senate Bill No. 1467, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 162.

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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Birkholz and Gleason

Nays: None

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

The Committee on Agriculture reported

Senate Bill No. 1497, entitled

A bill to create certain agriculture innovation loan programs; to create certain boards and authorities and define their powers and duties; to authorize the making of loan guarantees by certain private entities; to enhance value-added agricultural processing, commercialization of agriculture technologies, processes, or products, and farming operations within this state; to provide for certain powers and duties for certain private entities, state agencies, commissions, and departments; to authorize loan guarantees and expenditures from the funds; to finance the development of value-added agricultural processing, commercialization of agriculture technologies, processes, or products, and farming operations within this state; to provide for the issuance and purchase of notes and bonds; to provide for the establishment of funds; and to prescribe penalties and remedies.

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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Birkholz and Gleason

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 Agriculture submitted the following:

Meeting held on Thursday, September 18, 2008, at 9:00 a.m., Room 110, Farnum Building

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

Excused: Senator Whitmer

The Committee on Commerce and Tourism reported

Senate Bill No. 1445, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2002 PA 686.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

Senate Bill No. 1446, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 204, 206, 803, and 1004 (MCL 450.4204, 450.4206, 450.4803, and 450.5004), section 204 as amended by 2002 PA 686 and section 206 as amended by 1997 PA 52.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

House Bill No. 6222, 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 16a (MCL 207.566a), as added by 1996 PA 94.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

House Bill No. 6238, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431c (MCL 208.1431c), as added by 2008 PA 88.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Gilbert, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Tourism submitted the following:

Meeting held on Tuesday, September 23, 2008, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Gilbert, Stamas and Clarke

Excused: Senator Hunter

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Transportation (HB 5808) submitted the following:

Meeting held on Tuesday, September 23, 2008, at 9:00 a.m., Room 424, Capitol Building

Present: Senators Hardiman, Cropsey and Anderson

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Tuesday, September 23, 2008, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Kahn, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Excused: Senator Hardiman

Scheduled Meetings

Appropriations -

Subcommittee -

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

Campaign and Election Oversight - Thursday, September 25, 1:00 p.m., Room 405, Capitol Building (373-1725)

Commerce and Tourism - Thursday, September 25, 9:30 a.m., Room 210, Farnum Building (373-2413)

Education, Senate/House - Thursday, September 25, 3:00 p.m. or later after committees are given leave by the House to meet, Room 519, South Tower, House Office Building (373-6920) (CANCELED)

Finance - Thursday, September 25, 11:00 a.m., Room 110, Farnum Building (373-1758)

Hunting, Fishing and Outdoor Recreation - Thursday, September 25, 9:00 a.m., Room 100, Farnum Building (373‑1777)

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, Executive Conference Room, 5th Floor, Oakland County Executive Office Building, Building 41-West, 2100 Pontiac Lake Road, Waterford (373‑0212)

Legislative Council - Thursday, September 25, 9:00 a.m., Room H-161, Capitol Building (373-0212)

Legislative Retirement Board of Trustees - Thursday, September 25, 2:30 p.m., Room H-252, Capitol Building (373‑0575)

Local, Urban and State Affairs - Thursday, September 25, 1:30 p.m. or later immediately following session, Room 100, Farnum Building (373-1635)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 12:15 p.m.

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

CAROL MOREY VIVENTI

Secretary of the Senate

1998 JOURNAL OF THE SENATE [September 24, 2008] [No. 79

No. 79] [September 24, 2008] JOURNAL OF THE SENATE 1999

2000 JOURNAL OF THE SENATE [September 24, 2008] [No. 79

No. 79] [September 24, 2008] JOURNAL OF THE SENATE 2001

2002 JOURNAL OF THE SENATE [September 24, 2008] [No. 79

No. 79] [September 24, 2008] JOURNAL OF THE SENATE 2003

2004 JOURNAL OF THE SENATE [September 24, 2008] [No. 79

No. 79] [September 24, 2008] JOURNAL OF THE SENATE 2005

2006 JOURNAL OF THE SENATE [September 24, 2008] [No. 79

No. 79] [September 24, 2008] JOURNAL OF THE SENATE 2007

2008 JOURNAL OF THE SENATE [September 24, 2008] [No. 79