2002-SJ-02-07-009

No. 9

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Thursday, February 7, 2002.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Dick Posthumus.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Bennett--present Gougeon--present Sanborn--present

Bullard--present Hammerstrom--present Schuette--present

Byrum--present Hart--present Schwarz--present

Cherry--present Hoffman--present Scott--present

DeBeaussaert--present Johnson--present Shugars--present

DeGrow--present Koivisto--present Sikkema--present

Dingell--present Leland--excused Smith--present

Dunaskiss--excused McCotter--present Steil--present

Emerson--present McManus--present Stille--excused

Emmons--present Miller--present Van Regenmorter--present

Garcia--present Murphy--present Vaughn--excused

Gast--present North--present Young--present

Goschka--present Peters--present

Chaplin David Purdle of Shelby Township Police Department offered the following invocation:

Our Heavenly Father, we thank You for this day that You have given us.

Thank You for these men and women who have sacrificed and who have given of their time, of their lives to serve the public, and to serve in this branch, the Senate. We are grateful, Lord, for their service. We are grateful, Lord, that they make decisions each and every day of our laws and such. We thank You for that, Lord.

We ask that You would direct them, guide them, Lord, and give them wisdom. We are grateful for each community that they represent. Lord, thank You for the citizens in the state of Michigan as well.

We ask that You would help them, Lord, as they make decisions, give them wisdom, give them courage, and give them direction, Lord, that they would need to perform the tasks. Help them, Lord, that they would stand for what is right and to have the courage to stand forth.

Lord, as there are many different individuals here, different thoughts, and different feelings on things, Lord, I pray that they would work to the common good of the citizens of the state of Michigan. We ask that You would direct the paths of Governor Engler and the Lieutenant Governor.

Lord, we ask that You would meet their needs all the way down to each Senator. We ask that You would direct the paths that they take. May they be above reproach for You in what they do and for what they say.

Thank You again to be here today, Father. We ask that You guide in this session that is ahead.

We ask in Jesus' name. Amen.

Senators DeGrow and Schuette entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senators Garcia, Bullard and McManus be temporarily excused from today's session.

The motion prevailed.

Senator Emerson moved that Senators Miller and Murphy be temporarily excused from today's session.

The motion prevailed.

Senator Emerson moved that Senator Leland be excused from today's session.

The motion prevailed.

Senators McManus, Miller, Garcia, Bullard and Murphy entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 6:

House Bill Nos. 5412 5413 5414 5415 5416 5417 5418 5419 5501

The Secretary announced the printing and placement in the members' files on Wednesday, February 6, of:

House Bill Nos. 5585 5586 5587 5588 5589 5590 5591

Messages from the Governor

The following message from the Governor was received and read:

February 6, 2002

There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:

Board of Cosmetology

Mr. Robert E. Willis, 19161 Birwood, Detroit, Michigan 48221, county of Wayne, as a member representing professionals, succeeding himself, for a term expiring on December 31, 2005.

Mr. John Yiannis Karimalis, 28600 Meadowbrook Road, Novi, Michigan 48377, county of Oakland, as a member representing professionals, succeeding himself, for a term expiring on December 31, 2005.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Posthumus, designated Senator Shugars as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Hoffman, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 5009, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 13 (MCL 722.633), as amended by 1996 PA 309.

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 therefore, the following bill:

Senate Bill No. 994, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," by amending section 3 (MCL 32.273).

Substitute (S-1).

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

1. Amend page 3, line 17, after "INCLUDE" by inserting "ANY OF".

2. Amend page 4, line 19, after "THE" by inserting "APPROPRIATE".

3. Amend page 4, line 25, after "IN" by striking out "1" and inserting "ANY".

4. Amend page 6, line 4, after "FORCES," by inserting "THE RESERVE COMPONENT,".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 829

Senate Bill No. 830

Senate Bill No. 831

Senate Bill No. 832

Senate Bill No. 833

Senate Bill No. 834

Senate Bill No. 836

Senate Bill No. 837

Senate Bill No. 838

Senate Bill No. 839

Senate Bill No. 840

Senate Bill No. 841

Senate Bill No. 843

Senate Bill No. 844

Senate Bill No. 845

Senate Bill No. 846

Senate Bill No. 847

Senate Bill No. 848

Senate Bill No. 849

House Bill No. 5005

House Bill No. 4195

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 829, entitled

A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).

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. 25 Yeas--34

Bennett Garcia McCotter Schwarz

Bullard Gast McManus Scott

Byrum Goschka Miller Shugars

Cherry Gougeon Murphy Sikkema

DeBeaussaert Hammerstrom North Smith

DeGrow Hart Peters Steil

Dingell Hoffman Sanborn Van Regenmorter

Emerson Johnson Schuette Young

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 830, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).

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. 26 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 831, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.

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. 27 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 832, entitled

A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).

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. 28 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 833, entitled

A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.

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. 29 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 834, entitled

A bill to amend 1994 PA 53, entitled "An act to authorize internally pooled investments by certain local governmental units," by amending section 1 (MCL 123.931).

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. 30 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 836, entitled

A bill to amend 1994 PA 325, entitled "The international tradeport development authority act," by amending section 16 (MCL 125.2536); and to repeal acts and parts of acts.

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. 31 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 837, entitled

A bill to amend 1995 PA 280, entitled "An act to authorize local units of government to accept financial transaction device payments," by amending section 1 (MCL 129.221).

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. 32 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 838, entitled

A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending sections 1 and 2 (MCL 129.241 and 129.242), section 1 as amended by 2000 PA 169.

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. 33 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 839, entitled

A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 4 (MCL 141.424), as amended by 2000 PA 493.

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. 34 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 840, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 17a (MCL 141.917a), as amended by 1987 PA 283.

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. 35 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 841, entitled

A bill to amend 1981 PA 80, entitled "Fiscal stabilization act," by amending section 4 (MCL 141.1004), as amended by 1987 PA 279; and to repeal acts and parts of acts.

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. 36 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 843, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6097 (MCL 600.6097), as amended by 1984 PA 393.

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. 37 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 844, entitled

A bill to repeal acts and parts of acts.

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. 38 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

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

A bill to repeal 1992 PA 275, entitled "The federal facility development act," (MCL 3.931 to 3.940); 1993 PA 126, entitled "The federal data facility act," (MCL 3.951 to 3.961); and section 483 of 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.483).

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

Senate Bill No. 845, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 75b (MCL 41.75b), as amended by 1990 PA 230.

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. 39 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 846, entitled

A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 13a (MCL 41.283a).

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. 40 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 847, entitled

A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; to prescribe the powers and duties of township boards with respect to those services and facilities; and to prescribe penalties and provide remedies," by amending sections 8, 20m, and 20o (MCL 41.338, 41.350m, and 41.350o), section 8 as amended and sections 20m and 20o as added by 1989 PA 83.

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. 41 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 848, entitled

A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6c (MCL 41.416c), as added by 1989 PA 82.

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. 42 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 849, 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," by amending section 6d (MCL 41.426d), as added by 1989 PA 79.

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. 43 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5005, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 3, 4a, 5, 6, 9i, 10a, and 10b (MCL 290.643, 290.644a, 290.645, 290.646, 290.649i, 290.650a, and 290.650b), section 3 as amended by 2000 PA 206, section 4a as added by 1986 PA 127, and sections 5 and 6 as amended and sections 9i, 10a, and 10b as added by 1993 PA 236.

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. 44 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

"An act to provide purity and quality standards for motor fuels; to regulate the transfer, sale, dispensing, or offering motor fuels for sale; to provide for an inspection and testing program; to provide for the powers and duties of certain state agencies; to provide for the licensing of certain persons engaged in the transfer, sale, dispensing, or offering of motor fuels for sale; to regulate stage I and stage II vapor-recovery systems at certain facilities; to provide for fees; and to provide remedies and prescribe penalties,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.

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. 45 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Leland Stille Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Hoffman, designated Senator Shugars as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Hoffman, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 966, entitled

A bill to amend 1937 PA 79, entitled "An act to authorize any municipality, as herein defined, to borrow money and issue notes in anticipation of the collection of revenues other than taxes and special assessments; and to prescribe the powers and duties of certain state departments, commissions, and officials," by amending sections 2, 3, and 4 (MCL 141.222, 141.223, and 141.224), section 3 as amended by 1983 PA 50; and to repeal acts and parts of acts.

Senate Bill No. 967, entitled

A bill to amend 1943 PA 143, entitled "An act to empower boards of county road commissioners to borrow money in anticipation and upon the faith and credit of future receipts of revenues, derived from certain state collected taxes, for the purpose of purchasing road machinery or equipment or for improvement of county highways or for general county road purposes," by amending sections 1 and 2 (MCL 141.251 and 141.252), section 1 as amended by 1983 PA 51; and to repeal acts and parts of acts.

Senate Bill No. 968, entitled

A bill to amend 1969 PA 121, entitled "An act to authorize counties, cities, townships and villages to issue bonds or notes, and pledge deferred income from sale of capital assets, due and payable but which has not been received, for the payment of principal and interest thereon; and to authorize the county, city, township or village to pledge its full faith and credit for the payment of the bonds or notes," by amending sections 2 and 3 (MCL 141.382 and 141.383), section 3 as amended by 1983 PA 52.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Emmons moved that rule 2.106 be suspended to allow the Committee on Appropriations to meet during Senate session.

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Hoffman, designated Senator Shugars as Chairperson.

After some time spent therein, the Committee arose; and, pursuant to rule 1.101, in the absence of the Presiding Officers, the Secretary of the Senate, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 969, entitled

A bill to amend 1985 PA 217, entitled "An act to establish an employee-owned corporation revolving loan fund; to prescribe the powers and duties of certain state departments and employee-owned corporations; and to make an appropriation," (MCL 450.801 to 450.815).

Senate Bill No. 970, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24e (MCL 211.24e), as amended by 1995 PA 42.

Senate Bill No. 971, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87c (MCL 211.87c), as amended by 1999 PA 123; and to repeal acts and parts of acts.

Senate Bill No. 972, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87b (MCL 211.87b), as amended by 1994 PA 189.

Senate Bill No. 973, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89 (MCL 211.89), as amended by 1982 PA 503.

Senate Bill No. 976, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 4a, 5, and 5f (MCL 117.3, 117.4a, 117.5, and 117.5f), section 3 as amended by 1999 PA 260, section 4a as amended by 1994 PA 324, section 5 as amended by 1988 PA 268, and section 5f as amended by 1990 PA 231.

Senate Bill No. 982, entitled

A bill to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending sections 17 and 47 (MCL 125.667 and 125.697), as amended by 1996 PA 338; and to repeal acts and parts of acts.

Senate Bill No. 983, entitled

A bill to amend 1949 PA 208, entitled "An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act," by amending sections 6a and 6b (MCL 125.946a and 125.946b), as amended by 1983 PA 38.

Senate Bill No. 984, entitled

A bill to amend 1923 PA 118, entitled "An act to authorize counties to raise by loan, expend from unallocated moneys on hand, or borrow money for permanent improvements, to issue bonds, and to levy taxes to the extent necessary for the repayment of the bonds," by amending section 1 (MCL 141.61).

Senate Bill No. 985, entitled

A bill to amend 1957 PA 57, entitled "An act to authorize cities and villages in Michigan to raise money by taxes or bond issue within certain limits for the purpose of establishing a local improvement revolving fund; providing for the use of moneys in the fund and the reimbursement of moneys used therefrom; and other matters relating to the creation of the fund and its use," by amending sections 1 and 3 (MCL 141.371 and 141.373).

Senate Bill No. 986, entitled

A bill to amend 1964 PA 205, entitled "An act authorizing the purchase by municipalities of fire trucks, fire fighting apparatus and equipment on executory title retaining contracts and under chattel mortgage financing," by amending section 1 (MCL 141.451).

Senate Bill No. 988, entitled

A bill to amend 2000 PA 147, entitled "Safe drinking water financial assistance act," by amending sections 3 and 4 (MCL 141.1453 and 141.1454).

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

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

Senate Bill No. 979, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 33 (MCL 125.233), as added by 1996 PA 569.

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. 980, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 33 (MCL 125.303), as added by 1996 PA 570.

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. 981, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 15 (MCL 125.595), as added by 1996 PA 571.

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 Emmons moved that consideration of the following concurrent resolution be postponed for today:

Senate Concurrent Resolution No. 11

The motion prevailed.

House Concurrent Resolution No. 50.

A concurrent resolution to approve certain designated open space land applications.

Whereas, Sections 36105(2) and 36106(9) of Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, require the Department of Agriculture to submit each application for designated open space development rights easements and local open space easements on appeal, along with an analysis of its cost, to the Legislature; and

Whereas, The Legislature has reviewed the applications and analysis and determined that the lands in question qualify and that it is in the interest of the state of Michigan to enter into said easements involving parcels of land located in Kent County, Ingham County, Mackinac County, and Otsego County; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the following designated open space land applications submitted by the Department of Agriculture be hereby approved:

1) William Schall; location-City of Williamston, Ingham County, T3N, R1E; size-10 acres; cost per year-$834.00; retroactive cost since application was made-$2,502.00; proposed term-10 years.

2) William Schreur; location-Vergennes Township, Kent County, T7N, R9W; size-65 acres; cost per year-$670.00; retroactive cost since application was made-$2,680.00; proposed term-10 years.

3) Cheryl J. Jahn Trust; location-Bois Blanc Island, Mackinac County, T39N-40N, R2W; size-105 acres; cost per year-$474.00; retroactive cost since application was made-$1,896.00; proposed term-10 years.

4) Martin Jahn, Inc.; location-Bois Blanc Island, Mackinac County, T39N, R1W; size-144 acres; cost per year-$785.00; retroactive cost since application was made-$3,140.00; proposed term-10 years.

5) James L. Doyle; location-Dover Township, Otsego County, T31N, R2W; size-312 acres; cost per year-$1,378.00; retroactive cost since application was made-$2,756.00; proposed term-10 years.

6) Nancy E. Hand Trust; location-Napoleon Township, Jackson County, T3S, R2E; size-5 acres; cost per year-$462.00; retroactive cost since application was made-$462.00; proposed term-10 years.

The total number of acres for these applications is 641 acres; the total cost per year for all of the applications is $4,603.00; and the total retroactive cost for all of the applications since they were made is $13,436.00; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Agriculture.

The House of Representatives has adopted the concurrent resolution.

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

Senator Emmons 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 Emmons moved that the concurrent resolution be referred to the Committee on Farming, Agribusiness and Food Systems.

The motion prevailed.

Introduction and Referral of Bills

Senators Hammerstrom, Bennett, Steil and McManus introduced

Senate Bill No. 1092, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.

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

Senator Hoffman introduced

Senate Bill No. 1093, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 59 (MCL 257.1859), as amended by 1996 PA 170.

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

Senators Schwarz and Bullard introduced

Senate Bill No. 1094, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 720 (MCL 257.720), as amended by 1996 PA 136.

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

House Bill No. 5412, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1227 (MCL 380.1227), as added by 1995 PA 289.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5413, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351 (MCL 380.1351), as amended by 1997 PA 152.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5414, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351a (MCL 380.1351a), as amended by 1997 PA 152.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5415, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1356 (MCL 380.1356), as amended by 1993 PA 312.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5416, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1362 (MCL 380.1362).

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5417, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1363 (MCL 380.1363).

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5418, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1731 (MCL 380.1731).

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5419, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 1996 PA 300.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5501, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending sections 105, 179, and 310 (MCL 32.505, 32.579, and 32.710), sections 105 and 179 as amended by 1998 PA 212 and section 310 as amended by 1990 PA 301, and by adding section 372a.

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 Senior Citizens and Veterans Affairs.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 5118, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding sections 501a and 61505a.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Ken Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, North, Peters and Young

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 Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, February 5, 2002, at 1:30 p.m., Room 210, Farnum Building

Present: Senators Sikkema (C), North, Peters and Young

Excused: Senator Gast

The Committee on Financial Services reported

House Bill No. 4487, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 2201 (MCL 440.2201).

With the recommendation that the bill pass.

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

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Garcia, Sanborn and Leland

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Financial Services reported

House Bill No. 4812, entitled

A bill to amend 1981 PA 155, entitled "An act to provide for ownership rights in dies, molds, and forms for use in the fabrication of plastic parts under certain conditions and to establish a lien on certain dies, molds, and forms," by amending sections 1 and 8a (MCL 445.611 and 445.618a), section 8a as added by 1986 PA 103, and by adding sections 9, 10, 10a, 10b, and 10c.

With the recommendation that the bill pass.

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

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Garcia, Sanborn and Leland

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Financial Services reported

House Bill No. 5382, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 9201 (MCL 440.9201), as amended by 2000 PA 348.

With the recommendation that the bill pass.

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

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Garcia, Sanborn, Miller and Leland

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Financial Services reported

Senate Bill No. 882, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3341.

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.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Shugars, Garcia, Sanborn and Miller

Nays: Senator Leland

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

The Committee on Financial Services reported

Senate Bill No. 883, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 16.

With the recommendation that the bill pass.

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

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Shugars, Garcia, Sanborn, Miller and Leland

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Financial Services submitted the following:

Meeting held on Tuesday, February 5, 2002, at 2:00 p.m., Room 110, Farnum Building

Present: Senators Bullard (C), Shugars, Garcia, Sanborn, Miller and Leland

Excused: Senator Dunaskiss

COMMITTEE ATTENDANCE REPORT

The Committee on Detroit Metro Airport Review submitted the following:

Meeting held on Wednesday, February 6, 2002, at 4:00 p.m., Room 110, Farnum Building

Present: Senators Steil (C), Bennett, Leland and Emerson

Excused: Senator Stille

Scheduled Meetings

Appropriations - Wednesday, February 13, 2:00 p.m., and Tuesday, February 19, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Agriculture - Tuesday, February 12, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Community Colleges - Wednesdays, February 13, 12:30 p.m., and February 20, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Corrections - Wednesdays, February 20 and February 27, 1:00 p.m., Room 100, Farnum Building, and Tuesday, March 5, 1:00 p.m., Room 210, Farnum Building (373-2413)

Environmental Quality - Tuesdays, February 19, 3:00 p.m. or later immediately following the Senate Appropriations Committee meeting; February 26, and March 5, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7350)

Higher Education - Tuesday, February 12, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; Friday, February 15, 10:00 a.m., Saginaw Valley State University, 7400 Bay Road, Curtiss Hall, Emeriti Room, University Center; Friday, February 22, 9:30 a.m., Oakland University, Library Drive, 242 Elliott Hall, Rochester; Friday, March 1, 10:00 a.m., Calvin College, 3201 Burton S.E., Hekman Library, Meeter Center Lecture Hall, Grand Rapids; and Friday, March 8, 9:30 a.m., University of Michigan-Ann Arbor, 909 S. University Drive, William L. Clements Library, Ann Arbor (373-3447)

Natural Resources - Wednesdays, February 20, February 27, and March 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

School Aid and Department of Education - Wednesdays, February 13, 3:00 p.m. or later immediately following the Senate Appropriations Committee meeting, and February 20, 2:00 p.m.; Tuesdays, February 26 and March 5, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1635)

Financial Services - Wednesday, February 13, 9:30 a.m., Room 100, Farnum Building (373-1758)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 11:13 a.m.

The Secretary of the Senate declared the Senate adjourned until Tuesday, February 12, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

Bennett--present	Gougeon--present	Sanborn--present
Bullard--present	Hammerstrom--present	Schuette--present
Byrum--present	Hart--present	Schwarz--present
Cherry--present	Hoffman--present	Scott--present
DeBeaussaert--present	Johnson--present	Shugars--present
DeGrow--present	Koivisto--present	Sikkema--present
Dingell--present	Leland--excused	Smith--present
Dunaskiss--excused	McCotter--present	Steil--present
Emerson--present	McManus--present	Stille--excused
Emmons--present	Miller--present	Van Regenmorter--present
Garcia--present	Murphy--present	Vaughn--excused
Gast--present	North--present	Young--present

Bennett	Garcia	McCotter	Schwarz
Bullard	Gast	McManus	Scott
Byrum	Goschka	Miller	Shugars
Cherry	Gougeon	Murphy	Sikkema
DeBeaussaert	Hammerstrom	North	Smith
DeGrow	Hart	Peters	Steil
Dingell	Hoffman	Sanborn	Van Regenmorter
Emerson	Johnson	Schuette	Young