sj05152t.044

No. 44

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Wednesday, May 15, 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--present Smith--present

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

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

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

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

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

Goschka--present Peters--present

Senator Valde Garcia of the 26th District offered the following invocation:

Our Father, we know that the Bible says all we have to do is ask for wisdom, and You will grant it to us. Today, Lord, we ask that You grant us this wisdom. We are going to need it today, and we will need it in the weeks to come. We also pray for tolerance and patience with one another and wisdom to say the right words. We ask that You help us in our job here of serving the people.

We give You the glory--for it is in Jesus' name that we pray. Amen.

Senators Hammerstrom, Hoffman, Gougeon, DeGrow and Gast entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senator Goschka be temporarily excused from today's session.

The motion prevailed.

Senator Emmons moved that rule 3.902 be suspended to allow the guests of Senator Garcia admittance to the Senate floor.

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

Senator Emmons 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.

Senator Goschka entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:04 a.m.

10:16 a.m.

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

During the recess, Senator Garcia introduced to the Senate Miguel Antonio Meza Estrada, the Consul of Mexico, and presented him with a flag of the state of Michigan.

Consul Estrada and Senator McManus responded briefly.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, May 14:

House Bill No. 4351

The Secretary announced the printing and placement in the members' files on Tuesday, May 14, of:

Senate Bill Nos. 1307 1323

Messages from the House

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

Senate Bill No. 517

Senate Bill No. 779

The motion prevailed.

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).

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 569 Yeas--37

Bennett Garcia Leland Schwarz

Bullard Gast McCotter Scott

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom Murphy Smith

DeGrow Hart North Steil

Dingell Hoffman Peters Stille

Dunaskiss Johnson Sanborn Van Regenmorter

Emerson Koivisto Schuette Young

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: President

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

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

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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.

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 570 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

The President pro tempore, Senator Schwarz, assumed the Chair.

Senate Bill No. 863, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 4 (MCL 141.934), as amended by 1998 PA 528.

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 571 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 870, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 275, 278, 280, 434, 435, 479, and 531 (MCL 280.275, 280.278, 280.280, 280.434, 280.435, 280.479, and 280.531), section 280 as amended by 1983 PA 176 and section 434 as amended by 1980 PA 297.

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 572 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1043, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 473.

Substitute (H-3).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 573 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1049, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as added by 1998 PA 317.

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 574 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 645, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310e, 319, and 732 (MCL 257.303, 257.310e, 257.319, and 257.732), sections 303 and 319 as amended by 2001 PA 159, section 310e as amended by 2000 PA 456, and section 732 as amended by 2001 PA 134.

The House of Representatives has concurred in the Senate amendments to the House substitute (H-3) and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 977, entitled

A bill to amend 1957 PA 185, entitled "An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation," by amending sections 11, 12, and 25 (MCL 123.741, 123.742, and 123.755).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1064, entitled

A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending sections 12, 21, and 33 (MCL 141.1212, 141.1221, and 141.1233), section 33 as amended by 1992 PA 265.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1067, entitled

A bill to amend 1971 PA 182, entitled "An act to permit a city or village owning and operating a public utility to borrow money for a term not to exceed 5 years for the purpose of purchasing, acquiring, constructing, improving, enlarging, extending or repairing the facilities of the public utility; to issue notes or other evidences of indebtedness therefor; to repay such borrowing from the revenues of the utility; to permit the pledging or assignment of bonds or other securities or evidences of debt held as investments for said public utility to secure such borrowings; and to provide other powers, rights and duties," by amending sections 1 and 2 (MCL 460.461 and 460.462), section 2 as amended by 1983 PA 121.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1073, entitled

A bill to amend 1929 PA 312, entitled "The metropolitan district act," by amending sections 4 and 5 (MCL 119.4 and 119.5).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1076, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 19 (MCL 124.669), as amended by 1998 PA 373.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1078, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 14 and 18 (MCL 120.114 and 120.118), as amended by 1983 PA 23.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1079, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 7, 12, and 17 (MCL 125.2657, 125.2662, and 125.2667), section 7 as amended by 2000 PA 145.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1080, entitled

A bill to amend 1987 PA 204, entitled "Low-level radioactive waste authority act," by amending section 20a (MCL 333.26220a).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1082, entitled

A bill to amend 1947 PA 235, entitled "An act to regulate the ownership, extension, improvement and operation of public water and sewage disposal systems lying within 2 or more public corporations; to authorize the acquisition, by any public corporation, of that part of a public water or sewage disposal system lying within its boundaries; and to provide for the payment and security of revenue bonds issued for the construction, acquisition, extension and improvement of such systems," by amending sections 6 and 10 (MCL 123.336 and 123.340).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1103, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2).

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 1167, entitled

A bill to amend 1967 PA 266, entitled "An act to authorize and provide for the issuance of notes of the state, including refunding notes and commercial paper; to provide funds to meet obligations incurred pursuant to appropriations for fiscal years; to provide for the payment of such notes from revenues received during the same fiscal years; and to exempt certain notes and interest on those notes from taxation," by amending section 4 (MCL 17.454).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

By unanimous consent the Senate proceeded 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:

House Bill No. 5642

House Bill No. 5644

House Bill No. 5647

House Bill No. 5845

Senate Bill No. 1265

Senate Bill No. 1266

Senate Bill No. 1267

Senate Bill No. 1268

Senate Bill No. 1269

Senate Bill No. 1300

Senate Bill No. 1301

Senate Bill No. 1302

House Bill No. 5850

House Bill No. 5719

House Bill No. 5720

House Bill No. 5721

House Bill No. 5722

House Bill No. 5742

House Bill No. 4603

House Bill No. 5556

Senate Bill No. 1119

The motion prevailed.

The following bill was read a third time:

House Bill No. 5642, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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. 575 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5644, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The question being on the passage of the bill,

Senator Young offered the following amendment:

1. Amend page 33, line 11, after "for" by inserting "6".

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

Senator Young 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. 576 Yeas--15

Byrum Emerson Miller Scott

Cherry Goschka Murphy Smith

DeBeaussaert Koivisto Peters Young

Dingell Leland Schuette

Nays--21

Bennett Gast McCotter Shugars

Bullard Gougeon McManus Sikkema

DeGrow Hammerstrom North Steil

Dunaskiss Hoffman Sanborn Stille

Emmons Johnson Schwarz Van Regenmorter

Garcia

Excused--1

Vaughn

Not Voting--1

Hart

In The Chair: Schwarz

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. 577 Yeas--36

Bennett Emmons Leland Schwarz

Bullard Garcia McCotter Scott

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom Murphy Smith

DeGrow Hart North Steil

Dingell Hoffman Peters Stille

Dunaskiss Johnson Sanborn Van Regenmorter

Emerson Koivisto Schuette Young

Nays--0

Excused--1

Vaughn

Not Voting--1

Gast

In The Chair: Schwarz

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Emmons requested the yeas and nays.

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor, as follows:

Roll Call No. 578 Yeas--23

Bennett Gast McCotter Shugars

Bullard Goschka McManus Sikkema

DeGrow Gougeon North Steil

Dunaskiss Hammerstrom Sanborn Stille

Emmons Hoffman Schuette Van Regenmorter

Garcia Johnson Schwarz

Nays--12

Byrum Hart Miller Scott

DeBeaussaert Koivisto Murphy Smith

Dingell Leland Peters Young

Excused--1

Vaughn

Not Voting--2

Cherry Emerson

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Protest

Senator Smith, under her constitutional right of protest (Art. 4, Sec. 18), protested against the recommendation for immediate effect on House Bill No. 5644.

Senator Smith's statement is as follows:

I voted "no" on immediate effect because we know very well that these are not the budgets that are going to be final budgets on any of these departmental issues. We want a say in what the final budget looks like and how the cuts may be made. Until that happens, we are going to withhold immediate effect.

The following bill was read a third time:

House Bill No. 5647, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The question being on the passage of the bill,

Senator DeBeaussaert offered the following amendment:

1. Amend page 21, line 6, by striking out all of section 656.

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. 579 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Emmons requested the yeas and nays.

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor, as follows:

Roll Call No. 580 Yeas--23

Bennett Gast McCotter Shugars

Bullard Goschka McManus Sikkema

DeGrow Gougeon North Steil

Dunaskiss Hammerstrom Sanborn Stille

Emmons Hoffman Schuette Van Regenmorter

Garcia Johnson Schwarz

Nays--11

Byrum Hart Miller Smith

DeBeaussaert Koivisto Murphy Young

Dingell Leland Peters

Excused--1

Vaughn

Not Voting--3

Cherry Emerson Scott

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Protest

Senator Smith, under her constitutional right of protest (Art. 4, Sec. 18), protested against the recommendation for immediate effect on House Bill No. 5647.

Senator Smith's statement is as follows:

Once again, as long as you are going to continue to call for a record roll call vote on immediate effect, I will get up every time and explain that we understand that these are not the budgets that will be enacted in June or July to reflect the state's spending. Until we have input on the real budgets that will govern in 2003, we are not going to be putting up immediate effect votes.

The following bill was read a third time:

House Bill No. 5845, entitled

A bill to repeal 1931 PA 235, entitled "An act authorizing cities to borrow money and to issue bonds for the purpose of defraying part or all of the city's share of the cost and expense of separating grades for railroads and public highways and streets where such railroads intersect such highways and streets, including part or all of the city's share of the cost and expense of the elevation or depression of such railroads, highways and streets, and including the defraying of part or all of the city's share of the damages resulting to abutting property by reason of such separation of grades, or the elevation or depression of such railroads, public highways or streets," (MCL 253.91).

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. 581 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1265, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 18c (MCL 247.668c).

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. 582 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1266, entitled

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. 583 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1267, entitled

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. 584 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1268, entitled

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. 585 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1269, entitled

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. 586 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1300, entitled

A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," (MCL 388.981 to 388.985) by adding section 1c.

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. 587 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1301, entitled

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. 588 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1302, entitled

A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending sections 105, 303, 319, 517, 701, and 809 (MCL 141.2105, 141.2303, 141.2319, 141.2517, 141.2701, and 141.2809) and by adding sections 304 and 802; 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. 589 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5850, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending sections 401, 406, and 412 (MCL 331.1401, 331.1406, and 331.1412), as amended by 1988 PA 502.

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. 590 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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 authorize certain local governmental units to incorporate municipal health facilities corporations and subsidiary municipal health facilities corporations for establishing, modifying, operating, and managing health services and acquiring, constructing, adding to, repairing, remodeling, renovating, equipping, and re-equipping hospitals and other health care facilities and related purposes; to provide for the application of this act to existing municipal hospitals and for the transfer of ownership of hospital funds and personal property; to validate and ratify the existence, organization, actions, proceedings, and board membership of existing organizations acting as county public hospitals; to provide for the appointment of trustees; to grant certain powers of a public body corporate to health facilities corporations and subsidiary health facilities corporations; t empower certain local governmental units to encumber property for the benefit of, transfer or make property available to, issue bonds to construct facilities to be used by, appropriate funds for, and levy a tax for, municipal health facilities corporations and subsidiary municipal health facilities corporations; to empower certain local governmental units to guarantee obligations of municipal health facilities corporations and subsidiary municipal health facilities corporations and to permit certain local governmental units to pledge their full faith and credit to pay such guaranties; to provide for transfer of ownership or operation of health care facilities and health services to nonprofit health care organizations; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to borrow money and issue notes for the purposes of meeting expenses of operation and to issue corporation obligations for the purpose of acquisition, construction, repair, remodeling, equipping or re-equipping of health care facilities and for the refinancing, refunding, or refunding in advance of indebtedness of the municipal health facilities corporations or the subsidiary municipal health facilities corporations or of indebtedness of certain local governmental units undertaken on their behalf; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to enter into mortgages, deeds of trust, and other agreements for security which may include provisions for the appointment of receivers; to exempt obligations and property of municipal health facilities corporations and subsidiary municipal health facilities corporations from taxation; and to provide other rights, powers, and duties of municipal health facilities corporations and subsidiary municipal health facilities corporations,".

The Senate agreed to the full title.

Senator Emmons moved that consideration of the following bills be postponed temporarily:

House Bill No. 5719

House Bill No. 5720

House Bill No. 5721

House Bill No. 5722

House Bill No. 5742

The motion prevailed.

The following bill was read a third time:

House Bill No. 4603, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending section 19 (MCL 328.229).

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. 591 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

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 regulate the sale and providing of certain funeral goods or funeral services; to regulate the use of funds received by sellers and providers of funeral goods or services; to prescribe powers and duties of the departments of licensing and regulation, mental health, and social services and certain other state and local officers; to provide for the promulgation of rules and establishment of fees; and to provide certain penalties and remedies,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5556, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48701 (MCL 324.48701), as added by 1995 PA 57.

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. 592 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

Senator Emmons 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1119, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621), as amended by 2000 PA 160.

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. 593 Yeas--37

Emmons

Nays--0

Excused--1

Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senator Shugars moved that he be named co-sponsor of the bill.

The motion prevailed.

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 pro tempore, Senator Schwarz, designated Senator North as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5643, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to repeal acts and parts of acts.

Substitute (S-1).

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

1. Amend page 6, line 1, by striking out "5,817,300" and inserting "5,994,300" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 37, line 14, after "for" by striking out "university".

3. Amend page 37, line 14, after "grants" by inserting "made to Michigan public universities. These funds shall be distributed through a competitive grant program. No grant shall be greater than $500,000.00 and no university shall receive more than 1 grant in a fiscal year".

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

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

Senate Bill No. 1099, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay programs and state departments and agencies for the fiscal years ending September 30, 2002 and September 30, 2003; to implement the appropriations within the budgetary process; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

Substitute (S-1).

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

1. Amend page 4, following line 17, by inserting:

"Jackson Community College - new downtown center renovation project - for program
and planning to be paid for from college revenues 100

Delta College - allied health and nursing "F" wing renovations, for program and planning
to be paid for from college revenues 100".

2. Amend page 6, line 6, by striking out "1,500" and inserting "1,600" and adjusting the subtotals, totals, and section 201 accordingly.

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

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

House Bill No. 5645, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

Substitute (S-1).

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

1. Amend page 8, line 18, by striking out "420,710,100" and inserting "423,890,100".

2. Amend page 9, line 11, by striking out "481,297,701" and inserting "484,477,701" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 36, following line 5, by inserting:

"Sec. 537. From the funds appropriated in part 1 for foster care payments and Wayne County foster care payments, the family independence agency shall provide private nonprofit licensed child placing agencies, with whom it has contracted to provide foster care services, the first opportunity to provide foster care services if there are not less than 2 private child placing agencies eligible and willing to provide foster care services within the county in which services are needed.

Sec. 538. (1) From the funds appropriated in part 1 for foster care payments and Wayne County foster care payments, the family independence agency shall provide a cost analysis and a service quality report of public and private nonprofit providers of supervision and child welfare programs for children adjudicated as abused, neglected, or delinquent and placed in family foster care or residential treatment programs.

(2) The report shall be performed by an independent third party contractor. The elements included in the report shall be determined by the third party contractor in consultation with the department and representatives of private nonprofit service providers. The report shall be presented to the senate and house appropriations subcommittees on the family independence agency, senate and house fiscal agencies, and policy offices during the fiscal year 2003-04 budget deliberations process.

Sec. 539. The family independence agency, in conjunction with representatives from private nonprofit child placing agencies, shall collaborate to develop statewide placement criteria for children who have been adjudicated abused, neglected, or delinquent and need placement in residential treatment programs to ensure appropriate placement determined to be in the best interest of the child.".

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

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

House Bill No. 5646, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

Substitute (S-1).

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

1. Amend page 85, following line 4, by inserting:

"Sec. 973. Statutory distributions of revenue sharing payments in excess of constitutional payments shall not be made to local units of government that are involved in the construction of public facilities where the local unit of government, through contract, rule, resolution, or any other means, has restricted any aspect of the construction process to either union labor or nonunion labor.".

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

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

House Bill No. 5650, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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:

House Bill No. 5651, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2003; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

1. Amend page 11, line 12, by striking out "9,922,000" and inserting "11,000,000".

2. Amend page 11, line 25, by striking out "19,499,700" and inserting "20,577,700".

3. Amend page 12, line 15, by striking out all of line 15.

4. Amend page 12, line 22, by striking out "27,777,700" and inserting "26,699,700".

5. Amend page 14, line 6, by striking out all of line 6 and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 30, following line 22, by inserting:

"Sec. 506. From the funds appropriated in part 1 for county road commissions, no county road commission shall pay any fee to the state department of natural resources to cut down and/or remove any tree or vegetation on any county right-of-way property.".

7. Amend page 33, following line 5, by inserting:

"Sec. 615. From the funds appropriated in part 1, the department shall conduct a feasibility study regarding the construction of an interchange on I-96 at Sternberg Road in Muskegon County. The study shall be completed and the findings communicated to the senate and house of representatives appropriations subcommittees on transportation and the senate and house fiscal agencies by February 1, 2003.".

8. Amend page 42, line 4, by striking out all of section 726 and inserting:

"Sec. 725. Within 90 days of enactment of House Bill No. 5467 of the 91st Legislature, the department shall report to the house and senate appropriations committees on the estimated start-up costs associated with the Detroit area regional transportation authority established by House Bill No. 5467 of the 91st Legislature.".

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

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

Senate Bill No. 1275, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 2, 5, 5a, 7, 8, 9, and 10 (MCL 28.722, 28.725, 28.725a, 28.727, 28.728, 28.729, and 28.730), sections 2, 5, 7, 8, 9, and 10 as amended and section 5a as added by 1999 PA 85, and by adding section 4a.

Substitute (S-1).

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

1. Amend page 12, following line 5, by inserting:

"(i) A VIOLATION OF SECTION 145A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145A, COMMITTED BEFORE JUNE 1, 2002." and renumbering the remaining subparagraphs.

2. Amend page 12, line 6, after "section" by striking out "145a,".

3. Amend page 12, line 7, after "MCL" by striking out "750.145a,".

4. Amend page 12, line 16, after "(i)" by striking out "or (ii)" and inserting a comma and "(ii), OR (iii)".

5. Amend page 12, line 23, after "to" by striking out "(iv)" and inserting "(v)".

6. Amend page 12, line 25, after "to" by striking out "(v)" and inserting "(vi)".

7. Amend page 13, following line 6 by inserting:

"(i) A VIOLATION OF SECTION 145A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145A, COMMITTED ON OR AFTER JUNE 1, 2002." and renumbering the remaining subparagraphs.

8. Amend page 13, line 21, after "to" by striking out "(iii)" and inserting "(iv)".

9. Amend page 13, line 23, after "to" by striking out "(iv)" and inserting "(v)".

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 proceeded to the order of

Statements

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

The motion prevailed.

Senator Goschka's statement is as follows:

I'd like to remind everyone that today is Police Officer Remembrance Day. This is a day where we officially remember those men and women who are police officers and who have died in the line of duty. We do appreciate police officers so much. They do put their lives on the line for us each and every day. We take them for granted, and they don't always come home. Even now, there are those families who are missing loved ones who are police officers.

It is good today, as we carry about our business, that we remember those men and women in uniform who daily go about their tasks of preserving and protecting, and they don't always come home.

We thank those who are living, and we remember those who have died in the line of duty.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators McManus, Gast and Hoffman introduced

Senate Bill No. 1326, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2131 and 2153 (MCL 324.2131 and 324.2153), section 2131 as amended by 2001 PA 174 and section 2153 as added by 1995 PA 60, and by adding section 2154b.

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

Senators McManus, Gast and Bennett introduced

Senate Bill No. 1327, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32512, and 80159 (MCL 324.32501, 324.32512, and 324.80159), sections 32501 and 32512 as added by 1995 PA 59 and section 80159 as added by 1995 PA 58.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1328, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8408 (MCL 600.8408), as amended by 1991 PA 192.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1329, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 503 and 543 (MCL 500.503 and 500.543), as added by 2001 PA 24, and by adding sections 504, 506, and 510; and to repeal acts and parts of acts.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1330, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 305 (MCL 484.2305), as amended by 1995 PA 216.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1331, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," (MCL 487.11101 to 487.15105) by adding sections 4110, 4111, and 4112.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1332, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding sections 533, 534, and 535.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1333, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding sections 28a, 28b, and 28c.

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

Senator Peters introduced

Senate Bill No. 1334, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding sections 515, 516, and 517.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1335, entitled

A bill to amend 1984 PA 379, entitled "An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties," (MCL 493.101 to 493.114) by adding section 11a.

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

Senators Peters, Byrum, DeBeaussaert, Young, Koivisto, Miller and Smith introduced

Senate Bill No. 1336, entitled

A bill to amend 1966 PA 224, entitled "Retail installment sales act," (MCL 445.851 to 445.873) by adding section 14a.

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

Senator Hammerstrom introduced

Senate Bill No. 1337, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 232b.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

House Bill No. 4351, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 560, 666, 706, and 777 (MCL 168.560, 168.666, 168.706, and 168.777), section 706 as amended by 2001 PA 269.

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 Government Operations.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 4625, entitled

A bill to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest on the bonds to finance water pollution control projects that prevent discharges of untreated or improperly treated sewage or other wastewater into the waters of the state; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state.

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.

Ken Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Dunaskiss, Peters and Young

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 5892, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding parts 52 and 197.

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.

Ken Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Dunaskiss, Peters and Young

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 5893, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303), as amended by 2001 PA 221.

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.

Ken Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Dunaskiss, 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, May 14, 2002, at 1:30 p.m., Room 810, Farnum Building

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

Excused: Senator Gast

The Committee on Finance reported

Senate Bill No. 1313, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," (MCL 388.951 to 388.963) by adding section 3a.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1314, entitled

A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending sections 317, 403, 611, and 701 (MCL 141.2317, 141.2403, 141.2611, and 141.2701).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1315, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8a (MCL 125.2688a), as amended by 2000 PA 259.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Peters and Byrum

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 Finance submitted the following:

Meeting held on Tuesday, May 14, 2002, at 1:10 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Emmons (C), Bullard, Peters and Byrum

Excused: Senator Garcia

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Natural Resources submitted the following:

Meeting held on Tuesday, May 14, 2002, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus (C), Gast, Koivisto and DeBeaussaert

Excused: Senator Hoffman

Scheduled Meetings

Banking and Financial Institutions - Thursday, May 16, 9:00 a.m., Room 210, Farnum Building (373-2420)

Economic Development, International Trade and Regulatory Affairs - Thursday, May 16, 1:00 p.m., Room 100, Farnum Building; and Tuesday, May 21, 1:00 p.m., Room 110, Farnum Building (373-7946)

Education - Tuesday, May 21, 2:00 p.m., Room 210, Farnum Building (373-7350)

Government Operations - Thursday, May 16, 1:00 p.m., Room 110, Farnum Building (373-1707)

Legislative Retirement Board of Trustees - Wednesday, May 29, 3:00 p.m., Room H-252, Capitol Building (373-0575)

Technology and Energy - Wednesday, May 22, 2:00 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower (373-3543)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 1:43 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, May 16, 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--present	Smith--present
Dunaskiss--present	McCotter--present	Steil--present
Emerson--present	McManus--present	Stille--present
Emmons--present	Miller--present	Van Regenmorter--present
Garcia--present	Murphy--present	Vaughn--excused
Gast--present	North--present	Young--present

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