sj05268t.047

No. 47

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, May 26, 1998.

1:00p.m.

The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz.

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Bennett--present Gast--present Posthumus--present

Berryman--present Geake--present Rogers--present

Bouchard--present Gougeon--present Schuette--present

Bullard--present Hart--present Schwarz--present

Byrum--present Hoffman--present Shugars--present

Cherry--present Jaye--present A. Smith--present

Cisky--present Koivisto--present V. Smith--present

Conroy--present McManus--present Steil--present

DeBeaussaert--present Miller--present Stille--present

DeGrow--present North--present VanRegenmorter--present

Dingell--excused O'Brien--excused Vaughn--present

Dunaskiss--present Peters--present Young--present

Emmons--present

Senator Joe Conroy of the 29th District offered the following invocation:

Today's prayer will be a poem selection by George Washington Carver:

"How far you go in life depends on your being

Tender with the young,

Compassionate with the aged,

Sympathetic with the striving,

And tolerant of the weak and the strong,

Because someday in life you will have been all of these."

Motions and Communications

Recess

Senator DeGrow moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 1:03p.m.

1:15p.m.

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

During the recess, Senators Young, Miller, Cisky, Emmons, Schuette, Geake, Bullard, Stille, McManus, Gougeon, Bennett, North and Hoffman entered the Senate Chamber.

A quorum of the Senate was present.

Senators Gast, Posthumus, Steil, Dunaskiss, Jaye, Rogers, Bouchard and VanRegenmorter entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 21:

House Bill Nos. 4160 5032 5075 5379 5380 5381 5383 5691 5692 5723 5807 5857

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, May 26:

House Bill No. 5642

The Secretary announced the enrollment printing and presentation to the Governor on Friday, May 22, for his approval the following bills:

Enrolled Senate Bill No.801 at 9:37a.m.

Enrolled Senate Bill No.804 at 9:39a.m.

Enrolled Senate Bill No.864 at 9:41a.m.

The Secretary announced the printing and placement in the members' files on Thursday, May 21 of:

Senate Bill No. 1159

House Bill Nos. 5874 5876

The Secretary announced the printing and placement in the members' files on Friday, May 22 of:

Senate Bill Nos. 1133 1134 1135 1137 1138 1139 1140 1141 1142 1144 1145 1146 1147 1150

House Bill Nos. 5867 5868 5869 5870 5871 5872 5873 5875 5877 5878 5879 5885

The Secretary announced the printing and placement in the members' files on Tuesday, May 26 of:

Senate Bill No. 1158

House Bill Nos. 5880 5881 5882 5883 5884 5886

Senator DeGrow moved that the rules be suspended and that the following bills and joint resolution, now under Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No.5588

House Bill No.5589

House Bill No.5590

House Bill No.5591

Senate Joint Resolution R

Senate Bill No.1132

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

Senator V. Smith moved that Senators Dingell and O'Brien be excused from today's session.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator DeGrow 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 Emmons 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.5592, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; 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.

Substitute (S-1).

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

1. Amend page 17, following line 21, by inserting:

"K.I. Sawyer base conversion authority 450,000".

2. Amend page 18, following line 1, by inserting:

"Michigan strategic fund revenue 450,000".

3. Amend page 20, line 25, by striking out "1,652,700" and inserting "2,077,700".

4. Amend page 21, line 2, by striking out "31,007,300" and inserting "30,582,300" and adjusting all subtotals, totals and section 201 accordingly.

5. Amend page 45, line 5, after "(1)" by inserting "After the allocation contained in subsection (18),".

6. Amend page 50, following line 11, by inserting:

"(18) 0.16 percent of the total appropriation in part 1 for economic development job training grants shall be allocated for a youth neighborhood and park clean up initiative. The funding will be used to provide minimum wage salaries to those youth that participate in the program.".

7. Amend page 61, line 4, by striking out all of section 447 and inserting:

"Sec. 447. No funds appropriated in part 1 to the department of Michigan jobs commission for welfare-to-work programs may be used to pay for traffic or parking violations.".

8. Amend page 62, following line 2, by inserting:

"Sec. 449. (1) The department of Michigan jobs commission, K.I. Sawyer base conversion authority, may receive and expend federal, state restricted, and private revenue funds in accordance with 1993 PA 159, MCL 3.571 to 3.580.

(2) The department of Michigan jobs commission shall submit an annual report to the department of management and budget and the fiscal agencies of the house and senate concerning the following:

(a) Expenditures.

(b) Funds received but not appropriated by the state.".

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.5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; 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.5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; 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 prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; 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 are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 17, line 18, after "ombudsman--" by striking out "14.0" and inserting "15.0" and adjusting all subtotals, totals and section 201 accordingly.

2. Amend page 42, following line 24, by inserting:

"Sec. 308. The attorney general shall initiate and litigate a civil action to challenge any federal mandate for the state to obtain or disclose an individual's social security number for a purpose unrelated to social security or federal taxation. As used in this section, "federal mandate" includes both of the following:

(a) A requirement of federal law.

(b) A condition imposed by federal law that affects the state's qualification to receive federal funds.".

3. Amend page 57, following line 27, by inserting:

"Sec. 714. The department of management and budget shall notify the chairpersons of the senate and house standing committees on appropriations and the chairpersons of the senate and house appropriations subcommittees on general government on any revisions exceeding $500,000.00 to current contracts for computer software development, hardware acquisition, or quality assurance at least 14 days before the department of management and budget finalizes the revisions.".

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.5596, entitled

A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 1998 and September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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.5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Substitute (S-1).

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

1. Amend page 2, line 19, by striking out "15,000" and inserting "25,000".

2. Amend page 3, line 2, by striking out "8,000,200" and inserting "8,010,200".

3. Amend page 11, line 11, after "patrol," by striking out "$10,000.00" and inserting "$20,000.00" and adjusting all subtotals, totals and section 201 accordingly.

4. Amend page 16, following line 27, by inserting:

"Sec. 704. The Michigan veterans affairs directorate administration and the Michigan veterans trust fund administration shall take steps to assist the county veterans counselors of the state to obtain training necessary for the execution of their duties.".

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.5588, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; 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.

Substitute (S-1).

The Senate agreed to the substitute 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.5589, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

Substitute (S-1).

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

1. Amend page 5, following line 19, by inserting:

"DOI-federal 50,000"

2. Amend page 5, line 20, by striking out "267,400" and inserting "217,400" and adjusting all subtotals, totals and section 201 accordingly.

3. Amend page 8, line 15, by striking out "Fees and collections" and inserting "Metallic mining surveillance fee".

4. Amend page 12, line 25, after "protection" by striking out "bond".

5. Amend page 24, line 19, after "442," by striking out "and 1996 PA 353" and inserting "1996 PA 353, and 1997 PA 114".

6. Amend page 27, line 18, by striking out all of section 502.

7. Amend page 31, line 1, after "30," by striking out "1999" and inserting "2000".

8. Amend page 33, line 16, after "prepared" by striking out "under subsection (2)".

9. Amend page 33, line 20, after "prepared" by striking out "under subsection (2)".

10. Amend page 34, line 13, after "30," by striking out "1999" and inserting "2000".

11. Amend page 40, line 11, after "regulations" by striking out "and" and inserting "to protect public health, or".

The Senate agreed to the substitute, as amended, 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.5590, 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, 1999; 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 20, line 11, after "to" by striking out "$4,165,200.00" and inserting "$4,365,200.00".

2. Amend page 43, following line 26, by inserting:

"Sec. 654. (1) The family independence agency may require substance abuse testing as a condition for family independence assistance. If the family independence agency implements substance abuse testing as provided for by this section as a condition of receiving family independence assistance, an individual who tests positive for substance abuse shall enroll in substance abuse treatment, which treatment shall become a part of the recipient's social contract under section 57e of the social welfare act, 1939 PA 280, MCL 400.57e. Before implementing substance abuse testing as provided for by this section, the family independence agency shall notify the senate and house standing committees having jurisdiction over the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and the senate and house appropriations subcommittees having jurisdiction over the family independence agency budget of the planned implementation.

(2) If the family independence agency implements substance abuse testing under subsection (3), the family independence agency shall submit a report on the testing program no later than September 30, 1999 to the senate and house standing committees having jurisdiction over the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and the senate and house appropriations subcommittees having jurisdiction over the family independence agency budget. The report shall include at least all of the following information:

(a) The number of individuals tested, the substances tested for, the results of the testing, and the number of referrals for treatment.

(b) The costs of the testing and the resulting treatment.

(d) The percentage and number of households receiving family independence assistance that include an individual who has tested positive for substance abuse under the program and that also include an individual who has been substantiated for child abuse or neglect under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.".

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.5591, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

Substitute (S-1).

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

1. Amend page 10, line 9, by striking out "10,380,300" and inserting "10,395,300".

2. Amend page 10, line 12, by striking out "$9,307,600" and inserting "$9,292,600" and adjusting all subtotals, totals and section 201 accordingly.

3. Amend page 25, following line 26, by inserting:

"Sec. 608. The department shall not impede the certification process for water control structures on Michigan waterways. All certification conditions necessary for compliance with section 401 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 877, 33 U.S.C. 1341, that are required or requested by the department shall be paid for, by the department, from funds appropriated in section 106.".

4. Amend page 28, line 22, after "section 109," by striking out "$1,000,000.00" and inserting "$1.00".

5. Amend page 31, following line 16, by inserting:

"Sec. 1404. As a condition of expenditure of appropriations under section 105, the department shall issue a combined hunting license for the harvest of deer during firearm, bow and arrow, and any other deer hunting season. The department shall allow the license applicant to determine the number of kill tags to be included in the license. However, the number of kill tags shall not be less than 2 or greater than a maximum number to be set by the department. The license fee shall reflect the number of kill tags included in the license. This section does not prohibit the issuance of any other deer hunting license otherwise provided for by law.".

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 joint resolution:

Senate Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 1, 11, 12, 13, 18, 19, 22, 23, 24, 27, and 30 of article VI; adding section 31 to article VI; and repealing sections 15 and 16 of article VI, to allow the merger of the probate court and the circuit court and to make related amendments regarding the judicial branch.

Substitute (S-1).

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

1. Amend page 3, line 19, after "JUDGE" by striking out the balance of the line through "2001," on line 20.

2. Amend page 6, line 10, after "Sec. 23." by inserting "(1)".

3. Amend page 9, line 4, after "OF" by inserting "MORE THAN 5,000 BUT".

4. Amend page 9, line 13, after "(2)" by inserting a comma and "EXCEPT FOR THE COUNTY OF KEWEENAW,".

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

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

Senate Bill No.1132, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 549a, 549b, 549c, 549d, 549e, 549f, 549g, 549h, 549i, 550a, 821, 822, 8156, 8157, and 8158 (MCL 600.502, 600.503, 600.504, 600.505, 600.506, 600.507, 600.508, 600.509, 600.510, 600.511, 600.512, 600.513, 600.514, 600.515, 600.516, 600.517, 600.518, 600.519, 600.520, 600.521, 60F0.522, 600.523, 600.524, 600.525, 600.526, 600.527, 600.528, 600.529, 600.530, 600.531, 600.532, 600.533, 600.534, 600.535, 600.536, 600.537, 600.538, 600.539, 600.540, 600.541, 600.542, 600.543, 600.544, 600.545, 600.546, 600.547, 600.548, 600.549, 600.549a, 600.549b, 600.549c, 600.549d, 600.549e, 600.549f, 600.549g, 600.549h, 600.549i, 600.550a, 600.821, 600.822, 600.8156, 600.8157, and 600.8158), sections 504 and 821 as amended by 1996 PA 388, sections 506, 517, 521, 535, 536, 538, 549, and 550a as amended and section 549h as added by 1990 PA 54, sections 507 and 534 as amended and section 549i as added by 1994 PA 138, sections 510, 518, 528, and 537 as amended by 1988 PA 134, section 522 as amended and section 549g as added by 1981 PA 182, sections 541 and 549f as amended by 1980 PA 438, sections 542 and 547 as amended by 1984 PA 95, section 549e as added by 1980 PA 129, and section 822 as amended by 1996 PA 374, and by adding sections 549j, 549k, and 880e; 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 14, line 9, after "OF" by striking out "6" and inserting "8".

2. Amend page 14, line 10, after the second "OF" by striking out "4" and inserting "6".

3. Amend page 19, line 26, after the second "OF" by striking out "6" and inserting "8".

4. Amend page 20, line 2, after "OF" by striking out "4" and inserting "6".

5. Amend page 20, line 18, after the second "OF" by striking out "6" and inserting "8".

6. Amend page 20, line 20, after "OF" by striking out "4" and inserting "6".

7. Amend page 22, line 4, after "2000." by striking out the balance of the section and inserting "IN THE NOVEMBER 2000 GENERAL ELECTION, THE CANDIDATE FOR THE OFFICE OF CIRCUIT JUDGE WHO RECEIVES THE GREATEST NUMBER OF VOTES SHALL BE ELECTED TO A TERM OF 8 YEARS, AND THE CANDIDATE WHO RECEIVES THE SECOND HIGHEST NUMBER OF VOTES SHALL BE ELECTED TO A TERM OF 6 YEARS FOR THAT ELECTION ONLY.".

8. Amend page 25, line 19, after the second "OF" by striking out "6" and inserting "8".

9. Amend page 25, line 21, after "OF" by striking out "4" and inserting "6".

10. Amend page 26, line 7, after the second "OF" by striking out "6" and inserting "8".

11. Amend page 26, line 9, after "OF" by striking out "4" and inserting "6".

12. Amend page 29, line 17, after "OF" by striking out "6" and inserting "8".

13. Amend page 29, line 19, after "OF" by striking out "4" and inserting "6".

14. Amend page 30, line 18, after "OF" by striking out "6" and inserting "8".

15. Amend page 30, line 19, after the second "OF" by striking out "4" and inserting "6".

16. Amend page 30, line 21, by striking out all of section 549i.

17. Amend page 37, following line 21, by inserting:

"(6) IF THE 1998 AMENDMENTS ADDING SECTION 31 TO ARTICLE 6 OF THE STATE CONSTITUTION OF 1963 ARE ADOPTED AND EXCEPT FOR THE COUNTY OF KEWEENAW, COMMENCING JANUARY 1, 2001 THE COUNTY BOARD OF COMMISSIONERS MAY SET THE PORTION OF THE ANNUAL SALARY PAID BY THE COUNTY AS PROVIDED IN SUBSECTION (5), TO AN AMOUNT NOT TO EXCEED $31,600.00 AT WHICH TIME THE $20,000.00 ANNUAL SALARY PROVIDED IN SUBSECTION (1) SHALL BE INCREASED BY THE SAME AMOUNT, NOT TO EXCEED $45,600.00.".

18. Amend page 38, line 16, after "YEARS." by inserting "THE JURISDICTION OF THE PROBATE COURT SHALL BE TRANSFERRED TO THE FAMILY DIVISION OF THE CIRCUIT COURT AND THE OFFICE OF PROBATE COURT JUDGE ABOLISHED IN ANY OF THESE COUNTIES AT THE END OF THE PROBATE JUDGE'S TERM PRECEDING THE NEW TERM OF A CIRCUIT JUDGE WHO HAS BEEN ELECTED EXCLUSIVELY WITHIN THAT COUNTY.".

19. Amend page 38, line 20, after "MCL 168.411," by inserting "AND IF A CIRCUIT JUDGE WILL BE ELECTED EXCLUSIVELY WITHIN THAT COUNTY AT THE END OF THE TERM OF OFFICE OF THAT PROBATE JUDGE,".

20. Amend page 39, line 3, after "COUNTY," by inserting "AND IF A CIRCUIT JUDGE WILL BE ELECTED EXCLUSIVELY WITHIN THAT COUNTY AT THE END OF THE TERM OF OFFICE OF THAT PROBATE JUDGE,".

21. Amend page 39, line 12, after "SUBSECTION" by inserting "(3),".

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 DeGrow moved that the rules be suspended and that the following joint resolution and bill, now on the order of Third Reading of Bills, be placed on their immediate adoption and passage:

Senate Joint Resolution R

Senate Bill No.1132

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

By unanimous consent the Senate proceeded to consideration of the following joint resolution:

Senate Joint Resolution R, entitled

The above joint resolution was read a third time.

The question being on the adoption of the joint resolution,

Senators Peters and V. Smith offered the following amendments:

1. Amend page 8, line 3, after "judges" by inserting "elected by the judges of the courts in which they serve".

2. Amend page 8, line 4, after "~~serve~~" by striking out the balance of the line through "COURT" on line 5.

3. Amend page 8, line 6, after "judge." by inserting "ONE MEMBER SHALL BE ELECTED BY ALL OF THE JUDGES OF ALL OF THE COURTS, EXCEPT THE SUPREME COURT.".

4. Amend page 8, line 10, by striking out "THREE" and inserting "Two".

5. Amend page 8, line 10, after "governor" by striking out the comma and inserting a semi-colon and "the members appointed by the governor".

6. Amend page 8, line 11 after "~~governor~~" by striking out the balance of the line through "TWO" on line 12.

The question being on the adoption of the amendments,

Senator V. Smith requested the yeas and nays.

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

Senator VanRegenmorter moved that the question be divided and that a separate vote be taken on amendment Nos. 1, 2 and 3.

The motion prevailed.

The question being on the adoption of amendment Nos. 1, 2 and 3,

Senator V. Smith requested the yeas and nays.

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

The amendments were adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.333 Yeas--35

Bennett DeGrow Koivisto Shugars

Berryman Dunaskiss McManus Smith, A.

Bouchard Emmons Miller Smith, V.

Bullard Gast North Steil

Byrum Geake Peters Stille

Cherry Gougeon Posthumus VanRegenmorter

Cisky Hart Rogers Vaughn

Conroy Hoffman Schuette Young

DeBeaussaert Jaye Schwarz

Nays--0

Excused--2

Dingell O'Brien

Not Voting--0

In The Chair: Schwarz

The question being on the adoption of amendment Nos. 4, 5 and 6,

Senator V. Smith requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No.334 Yeas--13

Berryman DeBeaussaert Miller Smith, V.

Byrum Jaye Peters Vaughn

Cherry Koivisto Smith, A. Young

Conroy

Nays--22

Bennett Emmons McManus Schwarz

Bouchard Gast North Shugars

Bullard Geake Posthumus Steil

Cisky Gougeon Rogers Stille

DeGrow Hart Schuette VanRegenmorter

Dunaskiss Hoffman

Excused--2

Dingell O'Brien

Not Voting--0

In The Chair: Schwarz

The question being on the adoption of the joint resolution,

The joint resolution was not adopted, 2/3 of the members serving not voting therefor, as follows:

Roll Call No.335 Yeas--22

Bennett Dunaskiss Jaye Rogers

Bouchard Gast McManus Schuette

Bullard Geake Miller Steil

Cherry Gougeon North Stille

Conroy Hart Posthumus VanRegenmorter

DeGrow Hoffman

Nays--13

Berryman Emmons Schwarz Smith, V.

Byrum Koivisto Shugars Vaughn

Cisky Peters Smith, A. Young

DeBeaussaert

Excused--2

Dingell O'Brien

Not Voting--0

In The Chair: Schwarz

Senator DeGrow moved to reconsider the vote by which the joint resolution was not adopted.

The question being on the motion to reconsider,

Senator DeGrow moved that further consideration of the joint resolution be postponed for today.

The motion prevailed.

Protests

Senators Berryman, V. Smith and Young, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Joint Resolution R.

Senator Berryman's statement is as follows:

My only comment would be, minority rule is hell, isn't it?

Senator V. Smith moved that the statements he made during the discussion of the joint resolution be printed as his reasons for voting "no."

The motion prevailed.

Senator V. Smith's first statement, in which Senator Young concurred, is as follows:

I rise to oppose passage of Senate Joint Resolution R.

Many view, and I hope the view of at least a solid majority in this chamber is opposed to amending the Michigan Constitution. This Senate Joint Resolution R will amend the Michigan Constitution by eliminating the probate court within the state of Michigan. I believe it's not the right way to go.

One, we can continue with the creation of the family court through a statutory means and not through constitutional amendment. We can, in effect, when we created the family court, we moved juvenile delinquency and its functions from the probate court to the circuit court. We can complete that process by statutorily making those judges circuit court judges and removing them from the probate court bench. We made judges circuit court judges when we eliminated recorder's court judges. I believe we can do this again and not have to amend the Michigan Constitution and destroy the probate court in order to finalize the completion of family court.

I'm also disturbed, Mr.President, by the fact that we want to kill a speciality court, the probate court, in order to create another speciality court, the family division. The family division of circuit court is a specialized court, but it does not have to have the complete elimination of the probate court in order to finish that job off. We, in transferring the functions of the juvenile delinquents to the circuit court, in effect, created the family court and placed within the family court the jurisdiction of all issues related to children and families. What's left in probate court deals with guardianship, deals with wills, deals with estates, and deals with trusts; there is not need to eliminate the probate court, a constitutional court in order to create the family court division.

When we do that, we, in effect, walk away from the specialization that that has had since the inception of this state's history. The probate court is a specialized court--it deals with those in this society who need protecting--children; it deals with aging seniors who need protection, and those protections are given through guardianships. That court and the judges who serve on that court want to handle that type of business. It's a specialized court, and they run for that specialized position. When they are elected, they know that's what they're charged to do; that is to handle the functions and the traditional rolls that the probate court has always handled. Many who practice in probate court realize that it is a specialized practice. Most attorneys who do not practice in the probate court are not quick to want to go and work in the probate court because of the specialized functions and filings that have to go on when you practice in the probate court.

I have passed out a handout, and it includes a number of individuals and associations who are opposed to Senate Joint Resolution R. The first letter that I'll point your attention to is by the president of Wayne County Probate Bar Association. She is absolutely opposed to the abolition of the probate courts in this state. Just to cite some of her words, "To merge these courts within an existing bench of 73 would be a disgrace and a grave loss to the people of the state of Michigan. And Wayne County, with the magnitude of cases our judges here, we have no perimeters to allow circuit court judges without the expertise, skill, and probate background to hear such cases. Probate law is complicated, complex, and highly sensitive." That was from the head of the Probate Bar Association in Wayne County.

There is a letter that was sent to the Honorable Senator Jon Cisky from all of the circuit judges and the probate judges in Saginaw County laying out, in specific language, their opposition to Senate Joint Resolution R. There is a letter that is from the Saginaw Bar Association, and they also have laid out in specifics, and signed by all of their leadership, their opposition to the abolition of the probate courts in this state. Another letter that I included in this package was from the chief judge, the Honorable Joseph Swallow, and Joseph Swallow states unequivocally that he feels that the abolition of probate court is unnecessary. He talks about how this change will affect multi-county circuit courts. Just to state a few of his words, "I have just received The Supreme Court's report, Volume 1, No.7, wherein under the title One Judge per County, the Chief Justice Mallett and the Court, as a key tool to modernization of trial courts: 'As a Chief Judge of 25 plus years of service in a multi-county circuit, I would anticipate the exact opposite results. For decades in Michigan the regional approach for delivering court services has evolved in the less populous areas of this state. I have personally been witness to significant improvement over the prior individual county concept, particularly in the areas of family and children. To now focus on the county rather than on the region would be a big step backwards." What Judge Swallow is making reference to is the first page of the constitutional amendment whereby we mandate that there must be one judge per county, and we also mandate that half the family court has to be part of the practice of that one judge per county. Judge Swallow is giving the same testimony that I also heard from Judge Root in the Senate Judiciary Committee. Both of these judges, longstanding judges in the northern part of our state, raise specific questions with the constitutional mandate of one judge per county and the fact that in the north, they have worked our cooperative arrangements, and those cooperative arrangements between the probate court judge and the circuit court judge have worked. In effect, in the north, they created the family court division, but they created it under the probate court. They brought over the domestic relations part of the circuit court docket into the probate court docket--they created a family court; they created one that works. Now, this Legislature wants to come along behind them and change the way those judges operate. Judge Swallow didn't think it was a good idea; neither did Judge Davis, who wrote his Representative, Representative Gagliardi, and neither did Judge Hansen. Judge Hansen, who is the president of the Northern Michigan Judges Association, came to the Senate Judiciary Committee representing 53 counties--53 counties out of the 83 counties of this state, and the circuit court judges that serve on those counties. Almost all of the counties were northern counties; the counties of Bay, Wexford, Missaukee, Crawford, Kalkaska, Ostego, Saginaw, Benzie, Manistee, Iosco, Oscoda, Alcona, Alpena, Presque Isle, Gladwin, Clare, Arenac, Ogemaw, Roscommon, Midland, Tuscola, Iron, Montcalm, Antrim, Grand Traverse, Lenawee, Muskegon, Huron, Lake, Mason, Dickinson, Menominee, St. Clare, Sanilac, Mecosta, Marquette, Oceola, Gratiot, Clinton, Macinac, Emmett, Delta, Newago, Oceana, Shiawasee, Alger, Luce, and Schoolcraft, and I probably missed a couple. But, in 53 counties the circuit court judges, through their judicial association, have gone on record in opposition to Senate Joint Resolution R.

One of the most telling things that I thought that occurred in the Senate Judiciary Committee was testimony by Judge Lawrence Root, who is the circuit court judge up in Mecosta County, and I believe that is in the district of the Honorable Senator George McManus. Judge Root, I thought, was excellent. He gave excellent testimony. I don't want to read all of this to you, but just some of the highlights: "I write this letter to reinforce the measure that the one county/one judge principal is unacceptable to myself and my colleagues, and if retained in the proposed constitutional amendment, will result in the active opposition of the Michigan Judges' Association to the amendment."(By the way, that language was retained.)

As for the argument against the one county/one judge concept, there are several, not in any order of priority. The first relates to the family division itself. We all seem to acknowledge that there are a variety of changes that need to be made to save the family division, including amending the Constitution to eliminate the constitutional status of the probate courts. That is easily done. Assuming that such is done to go further and to go to a one county/one judge system, will, in fact, completely destroy the family division in the majority of courts in this state because the one judge in those courts will be required to handle all the cases now heard by the circuit and probate courts, including family cases. While the concept of one family/one judge will be served because there is only one judge, the goal of providing a dedicated forum to handle and give appropriate priority to family cases will be lost. The family cases will just be among the many case types competing for the judge's time and attention. Also, the objective of having a bench with particular dedication, expertise, and commitment to family cases will not be served for the same reasons. In fact, the situation of family cases may be even worse than before because the judge will be handling an even broader range of cases than was handled before all of the circuit and probates are joined in one court.

To save the family division but destroy its benefit to so many of our citizens is incredulous to say the least. In effect, Judge Root was saying that if we create this family division, we will destroy the harmony that many of the multi-county circuits are currently enjoying. If you're wondering how many multi-county circuits we have in Michigan, out of the 83 counties, we have 15 multi-circuit counties. Primarily those counties are in Senators Koivisto's, North's, McManus', Schuette's, and Emmons' Districts. In all of those counties we will, in effect, destroy the harmony that they presently have operating between the probate and circuit court judges. By mandating that the new circuit court judges that we create out of the probate court have to handle the family docket, we, in effect, say that each one of these judges will have to handle all of the cases within their particular county. That's the same position that Judge Root is taking and the same position that Judge Root has put before this body.

I am particularly chagrined at how this has developed in the Michigan Senate. We have had a rush to judgment and we are poised to eliminate a constitutional court, the probate court in this state, in order to continue to create the family court division of circuit court. We have done that; it is unnecessary to do this constitutional amendment. We could finish off the creation of the family court by statutory changes. This is not the way to go. This is not what we need to be putting on the table, and I would hope the members of this body will vote "no" on SJR R.

Senator V. Smith's second statement, in which Senator Young concurred, is as follows:

Mr.President and members, I find interesting the chairperson's argument about 50 or 60 cases for the part-timers, yet at the same time, he wants to include language which would require one judge in each county. In Mecosta County there are 15,000 people. If he thinks the new circuit court judge that we elect from Mecosta County for 15,000 people is going to have a full docket, then I'd say that he's mistaken, and I'd say that that judge will, in effect, be sent over to Alpena or a more populous county, and he will be hearing cases in a county in which he was not elected.

Oh, by the way, that does remind me, I thought that was the same argument that the chairperson used in the elimination of recorder's court was having judges making decisions over people who they were not elected by. That's the same thing that will happen in the multi-circuits with the election of one judge per county and the judge being able to serve every jurisdiction within the multi-circuit. So, you know, apples and oranges.

I also listened as he made his arguments about the Michigan Judges Association. I thought, and the chairperson would remind you, I also voted against their suggestion in the Senate Judiciary Committee. We weren't going to give them lifetime appointments. But the judges do make a point, and their point is that once we require one judge per county, we, in effect, create the same problem that he's trying to eliminate with the part-time judges--not enough work. And those judges, in effect, will now be assigned by the Supreme Court, and they will be moved into other parts of that circuit court jurisdiction or, indeed, in other parts of the state in order to have enough judicial work for them to justify their salaries. So we don't eliminate the problem; we perpetuate the problem. That is the point that the Michigan judges were making--that we perpetuate the problem by putting in the constitutional language that still requires every county to at least be able to elect one judge. And those small counties, when the judge doesn't have enough work to do, will be assigned to a larger county.

I would hope that you would not be convinced that the chairperson has done his homework on this one. The probate courts have been in effect and in existence in this state for over 130 years. We have not seen a thorough, thought-out, on-going review as to the need to eliminate the probate court. There is no need to eliminate the balance of the probate court to create the family court division. I heard the chairperson say, "Well, we have to do that because the probate court is a constitutional court." Well, if we wanted to eliminate the probate court, I agree with him. We do have to have a constitutional amendment. But if we want to create the family court division, which we did by statute, we can also send the probate judges that handled the juvenile division over to the family division just like we did with the abolition of the recorder's court, and we can do that by statute. You do not have to vote to eliminate the balance of the probate court in order to create this family court division.

And for my northern Michigan colleagues where your judges are almost in lock-step against it, where they're in lock-step against the concept of one judge per county, where they're in lock-step against the idea that the changes that you are putting on the table will destroy the working relationships that they presently have going, I would hope that you would pay some attention. And I would also hope that you would pay some attention to the more populous, urban districts where 80,000 guardianships are filed in Wayne County--80,000 guardianships. They're handled by a specialized probate judge who wanted to do that docket, who wanted to make sure that your mother was being protected or your aunt was being protected or your uncle or your grandfather was being protected. If you roll that into the circuit court, they aren't going to have the same attention. They're going to get shunted to the side, and the family court is going to end up being the court where nobody wants to serve. Leave the probate court in tact. Let the probate court and the judges of that court carry out their constitutionally elected responsibility. Vote "no" on Senate Joint Resolution R.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Gast introduced

Senate Bill No.1160, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 241a, 242, 244, 247, 248, 251, 303, 305, 342, 344, 350, 350a, 350d, 350e, 352, 355, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 451, 454, 461, 462, 484, 485, 486, 488, 492, and 493 (MCL 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1241a, 18.1242, 18.1244, 18.1247, 18.1248, 18.1251, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350d, 18.1350e, 18.1352, 18.1355, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1488, 18.1492, and 18.1493), sections 115, 203, 205, 217, 221, 244, 247, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 241a, 350a, 350d, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, 486, and 488 as added by 1986 PA 272; 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 Appropriations.

Senators Bullard, Young, Steil and Dunaskiss introduced

Senate Bill No.1161, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 104a (MCL 388.1704a), as amended by 1997 PA 176.

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

Senator Jaye introduced

Senate Bill No.1162, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 55a, 57e, and 57f (MCL 400.55a, 400.57e, and 400.57f), section 55a as amended by 1980 PA 251 and sections 57e and 57f as added by 1995 PA 223.

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

Senators Bullard, Gougeon, Shugars, Bennett, McManus, North, Geake, Hoffman, Bouchard, Steil, Dunaskiss, Rogers, Schuette, Emmons and Jaye introduced

Senate Bill No.1163, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 84.

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

Senators Gougeon, Shugars, Bennett, Bullard, McManus, North, Geake, Hoffman, Bouchard, Steil, Dunaskiss, Rogers, Schuette, Jaye and Emmons introduced

Senate Bill No.1164, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 3b.

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

Senators Shugars, Bennett, Gougeon, Bullard, McManus, North, Geake, Hoffman, Bouchard, Steil, Dunaskiss, Rogers, Schuette, Jaye and Emmons introduced

Senate Bill No.1165, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 403.

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

Senators Bennett, Bullard, Gougeon, Shugars, McManus, North, Geake, Hoffman, Bouchard, Steil, Dunaskiss, Rogers, Schuette, Emmons and Jaye introduced

Senate Bill No.1166, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 2b.

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

House Bill No.4160, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

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.

House Bill No.5032, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 262a.

The House of Representatives has passed the bill.

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

House Bill No.5075, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 31, 795a, and 796a (MCL 168.31, 168.795a, and 168.796a), as amended by 1996 PA 583.

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.

House Bill No.5379, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 511a.

The House of Representatives has passed the bill by a 2/3 vote 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 Financial Services.

House Bill No.5380, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," (MCL 445.1651 to 445.1684) by adding section 23a.

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 Financial Services.

House Bill No.5381, 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 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 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 section 10a.

The House of Representatives has passed the bill by a 2/3 vote 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 Financial Services.

House Bill No.5383, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," (MCL 487.301 to 487.598) by adding section 151k.

The House of Representatives has passed the bill by a 2/3 vote 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 Financial Services.

House Bill No.5642, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2210 (MCL 500.2210), as amended by 1994 PA 227.

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 Financial Services.

House Bill No.5691, entitled

A bill to require the providing of certain information to a mortgagor when the mortgagee has required private mortgage insurance as a condition of making a mortgage loan.

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 Financial Services.

House Bill No.5692, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3020 (MCL 500.3020), as amended by 1996 PA 77.

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 Financial Services.

House Bill No.5723, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111f.

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 Financial Services.

House Bill No.5807, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1i, 13, and 55 (MCL 38.1i, 38.13, and 38.55), sections 1i and 13 as amended and section 55 as added by 1996 PA 487, and by adding section 56a.

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

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

House Bill No.5857, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 104, 110a, 401a, 504, 508, 701, 702, 705, 706, and 711 (MCL 38.2104, 38.2110a, 38.2401a, 38.2504, 38.2508, 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), section 104 as amended by 1995 PA 193, sections 110a, 401a, 705, 706, and 711 as added by 1996 PA 523, and sections 701 and 702 as amended by 1998 PA 66, and by adding sections 512, 701a, 707a, and 718a.

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 DeGrow moved that rule 3.203 be suspended and that the bill be referred 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.

By unanimous consent the Senate returned to the order of

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No.199

Senate Resolution No.200

The resolution consent calendar was adopted.

Senators Schwarz, Miller, Geake, Conroy, VanRegenmorter, Gougeon, Gast, McManus, Koivisto, Byrum, Berryman,Dingell, Emmons, Hoffman, DeGrow, Dunaskiss, Bennett, Rogers, Bullard, Stille, Peters, Steil, Schuette, Cherry, V. Smith, DeBeaussaert, Bouchard, A. Smith, Hart, Young, North, Posthumus and Shugars offered the following resolution:

Senate Resolution No.199.

A resolution honoring Paul M. Tarr, Jr.

Whereas, It is with great pleasure and privilege that we acknowledge the leadership of Paul M. Tarr, Jr., as he brings to a close a career in state government which has spanned more than three decades. He is deserving of our gratitude and praise for his contributions to the people of the state of Michigan. With the commitment Paul Tarr has given to our state, he has exhibited the highest standards of citizenship and unselfishness. We join with his family, colleagues, and friends in honoring him during a special celebration on Wednesday, May 27, 1998; and

Whereas, The state of Michigan has been most fortunate to have had Paul Tarr in its service. His career has included several different responsibilities. Since 1995, Paul has served as the Legislative Liaison on Appropriations for the Michigan Department of Community Health. For 21 years, he served as Liaison with the Governor's office and the Michigan Legislature on matters pertaining to mental health legislation and the annual departmental budget. For 11 years, Paul served as a regional office manager for the Crippled Children's Commission in a multi-county area in mid-Michigan. He served as Director of the Office of Legal and Legislative Affairs for the Michigan Department of Mental Health for 20 years. He also served as Special Projects Director for the Department of Public Health from 1970-1974. In addition, since 1974, Paul has developed curriculum and conducted workshops for the training of social workers, psychiatric nurses, psychiatrists, judges, probate court staff, and law enforcement offices in mental health law and the implementation of the Michigan Mental Health Code; and

Whereas, Paul is an outstanding, compassionate, committed, valued, and dedicated person, who has been a strong advocate for persons who are developmentally disabled and persons with mental illness. Paul has a deep understanding of governmental infrastructure and always has the time to help those who are in need. The citizens of the state of Michigan are better off because of his years of dedicated service. As Paul's career comes to a close, may he know of our deep appreciation for his long service and valuable contributions; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded to Paul M. Tarr, Jr., in recognition of his outstanding service to the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Mr.Tarr as evidence of our admiration and esteem and with our warmest wishes for health and happiness in the years ahead.

Senator Bouchard offered the following resolution:

Senate Resolution No.200.

A resolution honoring Dominic A. D'Annunzio to wish him well upon his retirement from the Michigan Insurance Bureau.

Whereas, It is most appropriate to join with his colleagues and friends in honoring Dominic D'Annunzio, who is retiring after 281Ž2 years of service to the state of Michigan. Mr.D'Annunzio's successful career is clearly marked by his dedication, integrity, and professionalism; and

Whereas, Dominic D'Annunzio was born in Wyandotte, Michigan, on April 1, 1938, graduated from St. Patrick High School in 1956, and graduated from Walsh College in Troy, Michigan, in 1969, with a degree in accounting after having served honorably in the U.S. Army. Mr.D'Annunzio married his wife, Rosalie, in 1961 and has raised four sons; and

Whereas, During the early part of his civil service career, Dominic was instrumental in the implementation of the Medicaid program transition from Blue Cross Blue Shield of Michigan to the Department of Social Services. In 1973, Dominic established the Medicaid Monitoring Process for the Department of Public Health, a state-of-the-art computer system to identify and review payments to providers to eliminate fraud against the Medicaid program; and

Whereas, Mr.D'Annunzio joined the Insurance Bureau in 1974 as Assistant Commissioner in charge of the Office of Health Insurance. In this role, he oversaw the regulation of Blue Cross Blue Shield of Michigan, Delta Dental of Michigan, health maintenance organizations, and other innovative health delivery systems. He was appointed Deputy Commissioner in January 1987, and as such played an important role in positioning the Insurance Bureau to receive its accreditation status from the National Association of Insurance Commissioners. In 1989, Dominic was appointed by the Commissioner of Insurance to an acting manager role at the Michigan State Accident Fund, which had been designated an agency of state government. He served in this capacity until December 1989; and

Whereas, Dominic A. D'Annunzio, during his tenure as Deputy Commissioner, was twice honored by Governor John Engler by requesting that he serve as Acting Commissioner - the first time in January of 1991, and most recently, from August 1997 until May 1998; now, therefore, be it

Resolved by the Senate, That we offer our warmest congratulations to Mr.Dominic A. D'Annunzio as he retires from the Insurance Bureau of the state of Michigan. May he always know of our respect, appreciation, and admiration; and be it further

Resolved, That a copy of this resolution be transmitted to Mr.D'Annunzio as evidence of our best wishes for health, happiness, and ample time to enjoy and pursue his own pleasures.

Senator Conroy was named co-sponsor of the resolution.

Committee Reports

The Committee on Local, Urban and State Affairs reported

Senate Bill No.509, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 5 (MCL 213.55), as amended by 1996 PA 474.

With the recommendation that the bill pass.

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

Leon Stille

Chairperson

To Report Out:

Yeas: Senators Stille, Dunaskiss and Bennett

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No.5043, entitled

A bill to amend 1970 PA 73, entitled "An act to provide for the creation of airport authorities; to provide for certain counties and cities within certain limitations of state-owned airports to create an airport authority; to provide for the membership of authorities; to provide for the powers and duties of the authorities; to provide for the transfer of employees of state airports to the employment of an authority; to provide for the transferring of state-owned lands to the authority; to provide for the retention of certain rights, powers and privileges by the state in state-owned airport facilities; to provide for a referendum; and to repeal acts and parts of acts," by amending section 2 (MCL 259.802), as amended by 1982 PA 271.

With the recommendation that the bill pass.

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

Leon Stille

Chairperson

To Report Out:

Yeas: Senators Stille, Dunaskiss and Bennett

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No.5437, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 31 and 34 of chapter VIII, sections 1, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 20, 21, 22, 24, and 25 of chapter IX, sections 1, 2, 3, 4, 6, 9, and 11 of chapter X, sections 1, 2, 5, 6, 8, 9, 10, and 11 of chapter XI, sections 1, 3, 4, 5, 6, 7, 8, and 9 of chapter XII, sections 1, 2, 3, 4, and 5 of chapter XIII, and sections 3, 5, 7, 18a, 19, 20, and 21 of chapter XIV (MCL 68.31, 68.34, 69.1, 69.4, 69.5, 69.6, 69.7, 69.8, 69.9, 69.13, 69.14, 69.15, 69.16, 69.17, 69.20, 69.21, 69.22, 69.24, 69.25, 70.1, 70.2, 70.3, 70.4, 70.6, 70.9, 70.11, 71.1, 71.2, 71.5, 71.6, 71.8, 71.9, 71.10, 71.11, 72.1, 72.3, 72.4, 72.5, 72.6, 72.7, 72.8, 72.9, 73.1, 73.2, 73.3, 73.4, 73.5, 74.3, 74.5, 74.7, 74.18a, 74.19, 74.20, and 74.21), section 15 of chapter IX as amended by 1984 PA 179, sections 1 and 4 of chapter X as amended by 1985 PA 173, section 5 of chapter XII as amended by 1983 PA 44, and section 18a of chapter XIV as added by 1988 PA 33, and by adding section 7a to chapter IX, sections 13, 14, 15, 16, and 18 to chapter X, sections 12, 13, and 14 to chapter XI, and sections 6a, 18b, 18c, 18d, 18e, 18f, and 23 to chapter XIV; and to repeal acts and parts of acts.

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.

Leon Stille

Chairperson

To Report Out:

Yeas: Senators Stille, Dunaskiss and Hart

Nays: None

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

The Committee on Local, Urban and State Affairs reported

House Bill No.5438, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending the title and sections 1, 1a, and 12 of chapter I, sections 1, 2, 4, 5, 6, 7, 11, 12, 13, 14, and 15 of chapter II, sections 2 and 7 of chapter III, sections 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, and 21 of chapter IV, sections 1, 2, 3, 5, 7, and 8 of chapter V, sections 1, 3, 3a, 4, 8, 9, 11, 12, and 14 of chapter VI, and sections 3, 4, 5, 6, 7, 9, 10, 12, 13, 16, 18, 19, 23, 24, 25, 26, 31, 33, 34, 38, 39, 41, 56, 57, 58, 61, 63, and 64 of chapter VII (MCL 61.1, 61.1a, 61.12, 62.1, 62.2, 62.4, 62.5, 62.6, 62.7, 62.11, 62.12, 62.13, 62.14, 62.15, 63.2, 63.7, 64.1, 64.2, 64.3, 64.5, 64.6, 64.7, 64.9, 64.10, 64.11, 64.12, 64.21, 65.1, 65.2, 65.3, 65.5, 65.7, 65.8, 66.1, 66.3, 66.3a, 66.4, 66.8, 66.9, 66.11, 66.12, 66.14, 67.3, 67.4, 67.5, 67.6, 67.7, 67.9, 67.10, 67.12, 67.13, 67.16, 67.18, 67.19, 67.23, 67.24, 67.25, 67.26, 67.31, 67.33, 67.34, 67.38, 67.39, 67.41, 67.56, 67.57, 67.58, 67.61, 67.63, and 67.64), the title as amended by 1983 PA 44, section 1a of chapter I, sections 1 and 9 of chapter VI, and section 3 of chapter VII as amended by 1994 PA 16, section 2 of chapter II, sections 1 and 3 of chapter IV, and section 8 of chapter V as amended by 1985 PA 173, section 13 of chapter II, section 5 of chapter V, and sections 9 and 13 of chapter VII as amended by 1983 PA 205, section 21 of chapter IV as amended by 1992 PA 42, and section 4 of chapter VI as amended by 1982 PA 346, and by adding sections 3 and 4 to chapter III and section 1a to chapter VII; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

Leon Stille

Chairperson

To Report Out:

Yeas: Senators Stille, Dunaskiss and Hart

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local, Urban and State Affairs submits the following:

Meeting held on Wednesday, May 20, 1998, at 1:00p.m., Room 100, Farnum Building

Present: Senators Stille (C), Dunaskiss, Bennett and Hart

Excused: Senator O'Brien

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No.1149, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 725 (MCL 339.725), as added by 1997 PA 10.

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 Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars, O'Brien and Peters

Nays: None

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

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No.4640, entitled

A bill to amend 1915 PA 312, entitled "An act to establish, protect and enforce by lien the rights of garage keepers who furnish labor or material for storing, repairing, maintaining, keeping or otherwise supplying automobiles or other vehicles," by amending sections 1, 2, and 3 (MCL 570.301, 570.302, and 570.303), sections 1 and 2 as amended by 1990 PA 58, and by adding sections 4, 5, 6, and 7; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Bill Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars, O'Brien and Peters

Nays: None

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

The Committee on Appropriations reported

House Bill No.5588, entitled

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.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

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

The Committee on Appropriations reported

House Bill No.5589, entitled

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.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

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

The Committee on Appropriations reported

House Bill No.5590, entitled

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.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, Vaughn and DeBeaussaert

Nays: None

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

The Committee on Appropriations reported

House Bill No.5591, entitled

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.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

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 Appropriations submits the following:

Meeting held on Wednesday, May 20, 1998, 2:00p.m., Senate Appropriations Room, Capitol Building.

Present: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

The Committee on Gaming and Casino Oversight reported

House Bill No.4799, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.

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.

Michael J. Bouchard

Chairperson

To Report Out:

Yeas: Senators Bouchard, Rogers, V. Smith and Koivisto

Nays: None

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

The Committee on Government Operations reported

House Bill No.5138, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1993 PA 137, and by adding section 488.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5139, 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," (MCL 41.1a to 41.110c) by adding section 9.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5140, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by amending the title and by adding section 2a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5141, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," (MCL 61.1 to 74.25) by amending the title, as amended by 1983 PA 44, and by adding section 14 to chapter III.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5142, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 10c.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5143, entitled

A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; and to provide for the exercise by a charter county of certain powers whether or not authorized by its charter," (MCL 45.501 to 45.521) by amending the title, as amended by 1994 PA 20, and by adding section 2a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5144, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," (MCL 78.1 to 78.28) by amending the title and by adding section 2a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5145, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending the title, section 3 of chapter I, sections 11 and 13 of chapter XXVIII, and section 1 of chapter XXXIII (MCL 81.3, 108.11, 108.13, and 113.1), the title as amended by 1983 PA 45, and by adding section 11 to chapter VI.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5146, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by amending the title, as amended by 1986 PA 64, and by adding section 25a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5147, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," (MCL 125.201 to 125.240) by amending the title, as amended by 1996 PA 569, and by adding section 12a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5148, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," (MCL 125.271 to 125.310) by amending the title, as amended by 1996 PA 570, and by adding section 12a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5149, entitled

A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; and for the regulation and subdivision of land," (MCL 125.321 to 125.333) by amending the title and by adding section 3a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5150, 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; and to prescribe the powers and duties of township boards with respect to those services and facilities," (MCL 41.331 to 41.350t) by amending the title, as amended by 1989 PA 83, and by adding section 20u.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5151, entitled

A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," (MCL 141.101 to 141.140) by amending the title, as amended by 1987 PA 263, and by adding section 33b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5152, entitled

A bill to amend 1921 PA 50, entitled "An act to authorize and empower townships to own and acquire land by gift or purchase for the erection of memorials to soldiers and sailors; to authorize the erection of such memorials; to provide for the assessment, levy and collection of taxes therefor, for the custody, control and management of such memorials and providing for a referendum by the electors thereof," (MCL 35.861 to 35.864) by amending the title and by adding section 5.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5153, entitled

A bill to amend 1965 PA 246, entitled "An act to establish and provide a civil service system in certain townships; to create a civil service commission, and to prescribe the duties thereof; to provide certain exemptions from and classifications in civil service; to prescribe penalties for the violation of the provisions of this act; and to prescribe the manner of adoption of this act by townships," (MCL 38.451 to 38.470) by adding section 1a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5154, entitled

A bill to amend 1935 PA 78, entitled "An act to establish and provide a board of civil service commissioners in cities, villages, and municipalities having full-time paid members in the fire or police departments, or both; to provide a civil service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of all full-time paid members appointed in the fire and police departments and respective cities, villages, and municipalities; to regulate the transfer, reinstatement, suspension, and discharge of officers, fire fighters, and police officers; and to repeal certain acts and parts of acts," (MCL 38.501 to 38.518) by amending the title, as amended by 1986 PA 155, and by adding section 17b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5155, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," (MCL 38.551 to 38.562) by amending the title, as amended by 1989 PA 7, and by adding section 11a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5156, entitled

A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; and to provide methods for abolition of a unified form of county government," by amending the title and section 23 (MCL 45.573), section 23 as amended by 1980 PA 100, and by adding section 3a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5157, entitled

A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," (MCL 46.171 to 46.188) by amending the title and by adding section 4a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5158, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; and to repeal certain acts and parts of acts," (MCL 46.401 to 46.416) by amending the title and by adding section 11b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5159, entitled

A bill to amend 1966 PA 298, entitled "An act to establish and provide a board of civil service commissioners for sheriffs' departments in certain counties; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men appointed in the departments; to regulate the transfer, reinstatement, suspension and discharge of said officers; and to provide for referendums," (MCL 51.351 to 51.367) by amending the title and section 16 (MCL 51.366).

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5160, entitled

A bill to amend 1921 PA 378, entitled "An act to provide for the several counties of the state of Michigan purchasing or making, establishing and maintaining systems of abstracts of title of lands in such counties; the making and selling of abstracts of title and furnishing of information concerning the condition of titles and charging of fees therefor; the employing of persons to keep and maintain such systems of abstracts, and the doing of all things necessary for the carrying on of a general business of making and furnishing abstracts of title to the lands in such counties," (MCL 53.141 to 53.151) by amending the title and by adding section 12.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5161, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by amending the title, as amended by 1996 PA 478, and by adding section 3d to chapter 1.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5162, entitled

A bill to amend 1921 PA 144, entitled "An act to provide a primary election system for the nomination of village officers," (MCL 200.61 to 200.65) by amending the title and by adding section 1a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5163, entitled

A bill to amend 1978 PA 485, entitled "An act to permit the creation of a county officers compensation commission; and to prescribe the powers and duties of the commission and other public officers," (MCL 45.471 to 45.477) by amending the title and by adding section 6a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5164, entitled

A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending the title and section 3a (MCL 41.413a), the title as amended by 1989 PA 82 and section 3a as amended by 1992 PA 177.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5165, 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; and to provide the powers and duties of certain local units of government and certain officials," (MCL 41.421 to 41.429) by amending the title, as amended by 1989 PA 79, and by adding section 5a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5167, entitled

A bill to amend 1974 PA 160, entitled "An act to provide for the adjustment of county boundaries; to provide for referendum thereon; and to prescribe the powers and duties of the secretary of state," (MCL 45.101 to 45.102) by amending the title and by adding section 1a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5168, entitled

A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending the title and sections 5a and 5b (MCL 211.205a and 211.205b), the title and section 5b as amended by 1994 PA 190.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5169, entitled

A bill to amend 1923 PA 161, entitled "An act to provide for the establishment of county sinking funds and to create a county sinking fund commission, to prescribe the powers and duties thereof, and to repeal all acts and parts of acts contravening the provisions of this act," (MCL 141.31 to 141.39) by amending the title and by adding section 10.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5170, entitled

A bill to amend 1963 PA 62, entitled "Industrial development revenue bond act," (MCL 125.1251 to 125.1267) by amending the title and by adding section 12a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5171, 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; and for other purposes," (MCL 125.651 to 125.709c) by amending the title, as amended by 1996 PA 338, and by adding section 3a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5172, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan council act," (MCL 124.651 to 124.685) by amending the title and by adding section 13a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5173, entitled

A bill to amend 1988 PA 57, entitled "An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; and to provide for the levy of property taxes for certain purposes," (MCL 124.601 to 124.614) by amending the title and by adding section 4a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5174, entitled

A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending the title and section 8 (MCL 124.458), section 8 as amended by 1990 PA 10.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5176, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," (MCL 124.501 to 124.512) by amending the title, as amended by 1989 PA 138, and by adding section 5b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5177, entitled

A bill to amend 1939 PA 147, entitled "An act to provide for the incorporation of the Huron-Clinton metropolitan authority; to permit the counties of Wayne, Washtenaw, Livingston, Oakland, and Macomb, or certain of such counties, to join in a metropolitan district for planning, promoting, and/or for acquiring, constructing, owning, developing, maintaining and operating, either within or without their limits, parks, connecting drives, and/or limited access highways; to provide for the assessment, levy, collection and return of taxes therefor; to provide for the issuance of revenue bonds; to authorize condemnation proceedings; and to provide a referendum thereon," (MCL 119.51 to 119.61) by amending the title and by adding section 12.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5178, entitled

A bill to amend 1929 PA 312, entitled "The metropolitan district act," (MCL 119.1 to 119.18) by amending the title, as amended by 1989 PA 98, and by adding section 9b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5179, entitled

A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," (MCL 207.751 to 207.759) by adding section 2a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5180, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; and providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials," by amending the title and section 1 of chapter IV (MCL 224.1), the title as amended by 1996 PA 218.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5181, entitled

A bill to amend 1957 PA 206, entitled "An act to authorize 2 or more counties, cities, townships and incorporated villages, or any combination thereof, to incorporate an airport authority for the planning, promoting, acquiring,

constructing, improving, enlarging, extending, owning, maintaining and operating the landing, navigational and building facilities necessary thereto of 1 or more community airports; to provide for changes in the membership therein; to authorize an authority or the counties, cities, townships and incorporated villages that form an authority to levy taxes for such purposes; to provide for the operation and maintenance and issuing notes therefor; and to authorize condemnation proceedings," (MCL 259.621 to 259.631) by amending the title, as amended by 1987 PA 153, and by adding section 8a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5182, entitled

A bill to amend 1956 PA 197, entitled "An act to promote the agricultural interests of the various townships of this state; to provide referenda," (MCL 285.201 to 285.203) by amending the title and by adding section 2a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5183, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," (MCL 397.171 to 397.196) by amending the title and by adding section 10a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5184, entitled

A bill to amend 1877 PA 164, entitled "An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms," (MCL 397.201 to 397.217) by amending the title, as amended by 1984 PA 128, and by adding section 11a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5185, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," (MCL 436.1 to 436.58) by adding section 18b.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5186, entitled

A bill to amend 1967 PA 179, entitled "An act to authorize the registered electors of, or governing body of, a county, city, village, or township to levy taxes and expend funds for youth centers," (MCL 123.461) by amending the title, as amended by 1988 PA 342, and by adding section 2.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5187, entitled

A bill to amend 1891 PA 186, entitled "An act to authorize the cities and villages of this state to provide for the lighting of their streets and other public places therein by means of electric or other lights," (MCL 123.91 to 123.93) by amending the title and by adding section 4.

the title, as amended by 1988 PA 342, and by adding section 2.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5188, entitled

A bill to amend 1929 PA 199, entitled "An act to authorize and empower villages and townships of this state having a population not exceeding 10,000 inhabitants, to levy a tax for the maintenance or the purchase of lands and maintenance of property for a community center for the benefit of the public, provided the question of such purchase or maintenance, or both purchase and maintenance, as the case may be, is submitted to the duly qualified voters of such villages or townships and is adopted by a majority vote of those participating in said election," (MCL 123.41 to 123.46) by amending the title and by adding section 1a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5189, entitled

A bill to amend 1923 PA 230, entitled "An act to authorize and empower villages and townships of this state, also cities having a population not exceeding 50,000 inhabitants, to levy a tax for the maintenance and employment of a band for musical purposes for the benefit of the public, provided said special question is submitted to the duly qualified voters of such villages, townships or cities and adopted or agreed to by a majority vote of those participating in said election," (MCL 123.861 to 123.863) by amending the title and by adding section 1a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5190, entitled

A bill to amend 1955 PA 233, entitled "An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; and to provide for the issuance of bonds to acquire, construct, extend, or improve the systems," (MCL 124.281 to 124.294) by amending the title, as amended by 1981 PA 154, and by adding section. 8a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart.

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5191, entitled

A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," (MCL 124.401 to 124.426) by amending the title, as amended by 1988 PA 481, and by adding section 16a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5192, entitled

A bill to amend 1927 PA 165, entitled "An act to authorize the consolidation of township libraries in adjoining townships in certain cases, and to provide for their joint maintenance," by amending the title and section 2 (MCL 397.352).

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5193, entitled

A bill to amend 1956 (Ex Sess) PA 6, entitled "Township water system act of 1956," (MCL 486.501 to 486.508) by amending the title and by adding section 4a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5194, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; and to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities," (MCL 331.1 to 331.11) by amending the title, as amended by 1987 PA 117, and by adding section 10.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5195, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1102.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5196, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," (MCL 120.101 to 120.130) by amending the title and by adding section 14a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5197, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending the title and section 14a (MCL 121.14a).

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5198, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; and to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property," (MCL 123.951 to 123.965) by amending the title, as amended by 1995 PA 147, and by adding section 8c.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5199, entitled

A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation and annexation; and to repeal certain acts and parts of acts," (MCL 123.1001 to 123.1020) by amending the title and by adding section 7a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5200, entitled

A bill to amend 1984 PA 425, entitled "An act to permit the conditional transfer of property by contract between certain local units of government; to provide for permissive and mandatory provisions in the contract; and to provide for certain conditions upon termination, expiration, or nonrenewal of the contract," (MCL 124.21 to 124.30) by amending the title and by adding section 5a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5202, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by amending the title and by adding section 2.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No.5203, entitled

A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," (MCL 460.801 to 460.848) by amending the title, as amended by 1983 PA 120, and by adding section 42a.

With the recommendation that the bill pass.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Resolution No.184.

A resolution to urge all public schools to encourage full participation in parent-teacher conferences by holding evening conferences and by providing for alternate arrangements.

(For text of resolution, see Senate Journal No.39, p. 777.)

With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted:

A resolution to urge all public schools to encourage full participation in parent-teacher conferences by holding evening conferences and by providing for alternate arrangements.

Whereas, Academic success depends upon the active participation of parents and guardians working closely with teachers and all school personnel. There is no tool more important to education than strong communication between home and school, regardless of the talent of the teacher or the availability of the finest resources; and

Whereas, It is imperative that every effort be made to foster parental involvement, especially in making it as convenient as possible for parents and guardians to attend conferences with teachers. Parent-teacher conferences cannot be restricted to after-school hours, but must be offered in evenings to accommodate working families. When circumstances require greater flexibility, public schools ought to provide alternate arrangement to find time for parents to meet with teachers; and

Whereas, While most schools and teachers do all they can to encourage parental participation at conferences, it is appropriate to remove as many obstacles as possible to full attendance at parent-teacher conferences in our state; now, therefore, be it

Resolved by the Senate, That we urge all public schools to encourage full participation in parent-teacher conferences by ensuring that periods are available for parent-teacher conferences to be scheduled after 5:00p.m. and by providing for alternate arrangements to accommodate parents unable to participate during normal conference times.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Emmons, Miller and Hart

Nays: None

The resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submits the following:

Meeting held on Wednesday, May 20, 1998, at 2:00p.m., 8th Floor Conference Room, Farnum Building

Present: Senators Bullard (C), Emmons, Miller and Hart

Excused: Senator Hoffman

The Committee on Technology and Energy reported

Senate Bill No.1009, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

With the recommendation that the (S-3) previously recommended by the Committee on Judiciary be adopted and that the bill then pass.

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

Mat J. Dunaskiss

Chairperson

To Report Out:

Yeas: Senators Dunaskiss, Schuette, Berryman and Byrum

Nays: None

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

The Committee on Technology and Energy reported

Senate Bill No.1010, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA 36, and by adding section 605.

With the recommendation that the (S-3) previously recommended by the Committee on Judiciary be adopted and that the bill then pass.

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

Mat J. Dunaskiss

Chairperson

To Report Out:

Yeas: Senators Dunaskiss, Schuette, Berryman and Byrum

Nays: None

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

The Committee on Judiciary reported

Senate Bill No.1122, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 174a.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

William VanRegenmorter

Chairperson

To Report Out:

Yeas: Senators VanRegenmorter, Rogers, Geake, Dingell and Peters

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 Judiciary submits the following:

Meeting held on Wednesday, May 20, 1998, at 3:00 p.m, Rooms 402 and 403, Capitol Building

Present: Senators VanRegenmorter (C), Rogers, Cisky, Geake, Dingell, Peters and V. Smith

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No.1030, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending sections 19 and 20 (MCL 436.19 and 436.20), section 19 as amended by 1992 PA 300 and section 20 as amended by 1986 PA 176, and by adding section 20b.

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 Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars, Jaye, O'Brien and Peters

Nays: None

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

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No.4332, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 19c (MCL 436.19c), as amended by 1996 PA 440.

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 Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars, O'Brien and Peters

Nays: Senator Jaye

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

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No.4738, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1993 PA 300, and by adding sections 1d, 1e, and 4c.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

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

Bill Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars, Jaye and O'Brien

Nays: Senator Peters

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

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No.4740, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 13 and 14 (MCL 445.1573 and 445.1574).

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Bill Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Jaye, O'Brien and Peters

Nays: None

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

The Committee on Judiciary reported

Senate Bill No.649, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.

With the recommendation that the bill pass.

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

William VanRegenmorter

Chairperson

To Report Out:

Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake, Dingell, Peters and V. Smith

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Resolution No.193.

A resolution to urge the Department of Environmental Quality to join in the efforts of the National Environmental Lab Accreditation Committee and its advisory board and to urge the Auditor General to continue to monitor Michigan's progress in encouraging increased quality in environmental testing.

(For text of resolution, see Senate Journal No.45, p. 918.)

With the recommendation that the following amendment be adopted and that the resolution then be adopted:

1. Amend the first Whereas clause, line 3, after "water" by inserting a comma and "air,".

Loren N. Bennett

Chairperson

To Report Out:

Yeas: Senators Bennett, Dunaskiss, Gast and DeBeaussaert

Nays: None

The resolution was placed on the order of Resolutions.

The Committee on Natural Resources and Environmental Affairs reported

Senate Concurrent Resolution No.87.

A concurrent resolution to urge the Department of Environmental Quality to join in the efforts of the National Environmental Lab Accreditation Committee and its advisory board and to urge the Auditor General to continue to monitor Michigan's progress in encouraging increased quality in environmental testing.

(For text of resolution, see Senate Journal No.45, p. 918.)

With the recommendation that the following amendment be adopted and that the concurrent resolution then be adopted:

1. Amend the first Whereas clause, line 3, after "water" by inserting a comma and "air,".

Loren N. Bennett

Chairperson

To Report Out:

Yeas: Senators Bennett, Dunaskiss, Gast and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.768, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701, 8401a, and 8424 (MCL 600.4701, 600.8401a, and 600.8424), section 4701 as amended by 1996 PA 327, section 8401a as added by 1984 PA 278, and section 8424 as amended by 1991 PA 192.

With the recommendation that the bill pass.

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

Loren N. Bennett

Chairperson

To Report Out:

Yeas: Senators Bennett, Dunaskiss, Gast and DeBeaussaert

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.767, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 73101, 73102, 73109, and 73110 (MCL 324.73101, 324.73102, 324.73109, and 324.73110), as added by 1995 PA 58.

With the recommendation that the substitute (S-6) be adopted and that the bill then pass.

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

Loren N. Bennett

Chairperson

To Report Out:

Yeas: Senators Bennett, Dunaskiss and Gast

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 submits the following:

Meeting held on Thursday, May 21, 1998, at 1:30p.m., Room 110, Farnum Building

Present: Senators Bennett (C), Dunaskiss, Gast and DeBeaussaert

Excused: Senator Dingell

The Committee on Families, Mental Health and Human Services reported

Senate Bill No.860, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide

remedies and penalties for the violation of this act," by amending sections 27, 27a, 27b, 68, 68a, and 68b of chapter X (MCL 710.27, 710.27a, 710.27b, 710.68, 710.68a, and 710.68b), section 27 as amended and sections 27a and 27b as added by 1994 PA 208 and sections 68, 68a, and 68b as amended by 1994 PA 373.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Joel Gougeon

Chairperson

To Report Out:

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

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

The Committee on Families, Mental Health and Human Services reported

Senate Bill No.1100, entitled

A bill to restrict the attendance of minors at certain music performances; to regulate the operation of certain music venues; and to prescribe penalties.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Joel Gougeon

Chairperson

To Report Out:

Yeas: Senators Gougeon, Bouchard and Geake

Nays: Senator Peters

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

The Committee on Families, Mental Health and Human Services reported

Senate Bill No.1123, entitled

A bill to create a missing children task force in the department of state police and prescribe its powers and duties; to make an appropriation; and to repeal acts and parts of acts.

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.

Joel Gougeon

Chairperson

To Report Out:

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

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

The Committee on Families, Mental Health and Human Services reported

Senate Bill No.1152, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 18f, 19b, and 19c of chapter XIIA (MCL 712A.18f, 712A.19b, and 712A.19c), section 18f as amended by 1997 PA 163, section 19b as amended by 1997 PA 169, and section 19c as added by 1988 PA 224.

With the recommendation that the bill pass.

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

Joel Gougeon

Chairperson

To Report Out:

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Families, Mental Health and Human Services submits the following:

Meeting held on Thursday, May 21, 1998, at 1:00p.m., Room 100, Farnum Building

Present: Senators Gougeon (C), Bouchard, Geake and Peters

Excused: Senator V. Smith

The Committee on Judiciary reported

Senate Joint Resolution R, entitled

With the recommendation that the substitute (S-1) be adopted and that the joint resolution then be adopted.

William VanRegenmorter

Chairperson

To Report Out:

Yeas: Senators VanRegenmorter, Rogers, Geake, Dingell and Peters

Nays: None

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

The Committee on Judiciary reported

Senate Bill No.1132, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 549a, 549b, 549c, 549d, 549e, 549f, 549g, 549h, 549i, 550a, 8156, 8157, and 8158 (MCL 600.502, 600.503, 600.504, 600.505, 600.506, 600.507, 600.508, 600.509, 600.510, 600.511, 600.512, 600.513, 600.514, 600.515, 600.516, 600.517, 600.518, 600.519, 600.520, 600.521, 600.522, 600.523, 600.524, 600.525, 600.526, 600.527, 600.528, 600.529, 600.530, 600.531, 600.532, 600.533, 600.535, 600.536, 600.537, 600.538, 600.539, 600.540, 600.541, 600.542, 600.543, 600.544,600.545, 600.546, 600.547, 600.548, 600.549, 600.549a, 600.549b, 600.549c, 600.549d, 600.549e, 600.549f, 600.549g, 600.549h, 600.549i, 600.550a, 600.8156, 600.8157, and 600.8158), section 504 as amended by 1996 PA 388, sections 506, 517, 521, 535, 536, 538, 549, and 550a as amended and section 549h as added by 1990 PA 54, section 507 as amended and section 549i as added by 1994 PA 138, sections 510, 518, 528, and 537 as amended by 1988 PA 134, section 522 as amended and section 549g as added by 1981 PA 182, sections 541 and 549f as amended by 1980 PA 438, sections 542 and 547 as amended by 1984 PA 95, and section 549e as added by 1980 PA 129, and by adding sections 549j, 549k, and 880e; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

William VanRegenmorter

Chairperson

To Report Out:

Yeas: Senators VanRegenmorter, Rogers, Geake, Dingell and Peters

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.514 submits the following:

Meeting held on Thursday, May 21, 1998, at 9:15a.m., Elijah Myers Room, Capitol Building

Present: Senators Shugars (C), Schwarz and Byrum

Scheduled Meetings

Appropriations Committee - Thursday, May 28, at 10:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Economic Development, International Trade and Regulatory Affairs Committee - Wednesday, May 27, at 1:00p.m., Room 210, Farnum Building (3-7946).

Farming, Agribusiness and Food Systems Committee - Wednesday, May 27, at 3:00p.m., Room 210, Farnum Building (3-1725).

Government Operations Committee - Wednesday, May 27, at 2:00p.m., 8th Floor Conference Room, Farnum Building (3-1758).

Hunting, Fishing and Forestry Committee - Wednesday, May 27, at 9:00a.m., Room 110, Farnum Building (3-7670).

Legislative Retirement Board of Trustees, Subcommittee on Health Insurance Issues - Wednesday, May 27, at 1:00p.m., 6th Floor Conference Room, Romney Building (3-0575).

Natural Resources and Environmental Affairs Committee - Thursday, May 28, at 8:30a.m., 8th Floor Conference Room, Farnum Building (3-7350).

Technology and Energy Committee - Wednesday, May 27, at 3:00p.m., Rooms 402 and 403, Capitol Building (3-2417).

Transportation Appropriations Subcommittee - Wednesday, May 27, at 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-2426).

Scheduled Meeting Changed

Legislative Retirement Board of Trustees - Wednesday, June 3, at 1:15p.m., Elijah Myers Room, 2nd Floor, Capitol Building (3-0575).

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 5:14p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, May 27, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.