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Journal of the Senate 93Rd Legislature REGULAR SESSION of 2006

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Journal of the Senate 93Rd Legislature REGULAR SESSION of 2006 No. 97 STATE OF MICHIGAN Journal of the Senate 93rd Legislature REGULAR SESSION OF 2006 Senate Chamber, Lansing, Friday, December 15, 2006. 12:01 a.m. The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Allen—present Garcia—present Patterson—excused Barcia—present George—present Prusi—present Basham—present Gilbert—present Sanborn—excused Birkholz—present Goschka—present Schauer—present Bishop—present Hammerstrom—present Scott—present Brater—present Hardiman—present Sikkema—present Brown—present Jacobs —present Stamas—present Cassis—present Jelinek—excused Switalski—present Cherry—present Johnson—present Thomas—present Clark-Coleman—present Kuipers—present Toy—present Clarke—present Leland—present Van Woerkom—present Cropsey—present McManus—present Whitmer—present Emerson—excused Olshove—present 2680 JOURNAL OF THE SENATE [December 15, 2006] [No. 97 Senator Mike Goschka of the 32nd District offered the following invocation: Our Father, we do thank You for the opportunity, yet one more time, to be here in this session in this year. Help us to make decisions that are best for this state. We pray for Your wisdom, Your guidance, and that in all that we do, that we would be reasonable and that we would be peaceable with each other. Give us Your peace as we do the people’s business. We pray this in Jesus’ name. Amen. The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance and the Pledge of Allegiance to the Flag of Michigan. Motions and Communications Senators Leland, Whitmer and Barcia entered the Senate Chamber. Recess Senator Hammerstrom moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 12:08 a.m. 12:15 a.m. The Senate was called to order by the President, Lieutenant Governor Cherry. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4931 House Bill No. 4539 House Bill No. 6694 The motion prevailed. The following bill was read a third time: House Bill No. 4931, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 279. 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. 983 Yeas—34 Allen Clark-Coleman Jacobs Scott Barcia Clarke Johnson Sikkema Basham Cropsey Kuipers Stamas Birkholz Garcia Leland Switalski Bishop George McManus Thomas Brater Gilbert Olshove Toy Brown Goschka Prusi Van Woerkom Cassis Hammerstrom Schauer Whitmer Cherry Hardiman Nays—0 No. 97] [December 15, 2006] JOURNAL OF THE SENATE 2681 Excused—0 Not Voting—4 Emerson Jelinek Patterson Sanborn In The Chair: President Senator Hammerstrom moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. Senator Hammerstrom moved that Senators Patterson, Jelinek and Sanborn be excused from today’s session. The motion prevailed. Senator Schauer moved that Senator Emerson be excused from today’s session. The motion prevailed. The following bill was read a third time: House Bill No. 4539, entitled A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 2, 4, and 12 (MCL 207.772, 207.774, and 207.782), sections 2 and 12 as amended by 2005 PA 339 and section 4 as amended by 2006 PA 349. 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. 984 Yeas—34 Allen Clark-Coleman Jacobs Scott Barcia Clarke Johnson Sikkema Basham Cropsey Kuipers Stamas Birkholz Garcia Leland Switalski Bishop George McManus Thomas Brater Gilbert Olshove Toy 2682 JOURNAL OF THE SENATE [December 15, 2006] [No. 97 Brown Goschka Prusi Van Woerkom Cassis Hammerstrom Schauer Whitmer Cherry Hardiman Nays—0 Excused—4 Emerson Jelinek Patterson Sanborn Not Voting—0 In The Chair: President Senator Hammerstrom moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,”. The Senate agreed to the full title. The following bill was announced: House Bill No. 6694, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 103 (MCL 141.2103) and by adding sections 518 and 519. (This bill was defeated on Thursday, December 14 and the rules suspended to permit reconsideration of the vote. See Senate Journal No. 96, p. 2674.) Senator Hammerstrom moved to reconsider the vote by which the bill was defeated. The motion prevailed. The question being on the passage of the bill, Senators Cassis and Whitmer offered the following amendment: 1. Amend page 7, line 13, after “TO” by striking out “REDUCE” and inserting “MITIGATE THE INCREASE IN”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 985 Yeas—23 Allen Cassis Hammerstrom Scott Barcia Clark-Coleman Hardiman Sikkema Basham Clarke Jacobs Thomas Birkholz George Leland Toy Bishop Gilbert McManus Whitmer Brown Goschka Schauer No. 97] [December 15, 2006] JOURNAL OF THE SENATE 2683 Nays—11 Brater Garcia Olshove Switalski Cherry Johnson Prusi Van Woerkom Cropsey Kuipers Stamas Excused—4 Emerson Jelinek Patterson Sanborn Not Voting—0 In The Chair: President Senator Hammerstrom moved that the bill be given immediate effect. The motion did not prevail, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Hammerstrom moved that the following bill be given immediate effect: House Bill No. 6694 The motion did not prevail, 2/3 of the members serving not voting therefor. Senator Hammerstrom moved that the following bill be given immediate effect: House Bill No. 6694 The motion prevailed, 2/3 of the members serving voting therefor. By unanimous consent the Senate returned to the order of Conference Reports Senator Hammerstrom moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: Senate Bill No. 1081 The motion prevailed, a majority of the members serving voting therefor. Senator Sikkema submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No.
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