No. 70
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Tuesday, December 1, 1998.
10:00a.m.
The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
Bennett--present Gast--present Posthumuspresent
Berryman--present Geake--present Rogers--present
Bouchard--present Gougeon--present Schuettepresent
Bullardpresent Hartpresent Schwarzpresent
Byrum--present Hoffman--present Shugarspresent
Cherry--present Jayepresent A. Smith--present
Ciskypresent Koivistopresent V. Smith--present
Conroypresent McManuspresent Steilpresent
DeBeaussaertpresent Millerpresent Stillepresent
DeGrow--present Murphy--present VanRegenmorter--present
Dingell--present North--present Vaughnpresent
Dunaskisspresent O'Brienpresent Youngexcused
Emmonspresent Peterspresent
Senator Michael J. Bouchard of the 13th District offered the following invocation:
As we come back from Thanksgiving, let us all give thanks for what we have been given and the opportunity to share that with others. And also remember, it is not for us to pray for tasks equal to our powers, but for powers equal to the tasks at hand as thought by Helen Keller. For us, our charge is to heal the past, live the present, and help those dream for the future with His assistance and guidance. In the Lord's name. Amen.
Senators Miller, Bennett, Bullard, Dunaskiss, Gast, Hoffman, Gougeon, Jaye, North, Schuette and Schwarz entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
Senator DeGrow moved that rule 3.902 be suspended to allow the guests Senators Bouchard and Cherry admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Geake entered the Senate Chamber.
Senator DeGrow moved that rule 3.901 be suspended to allow the media to film on the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator V. Smith moved that Senator Hart be temporarily excused from today's session.
The motion prevailed.
Senator V. Smith moved that Senator Young be excused from today's session.
The motion prevailed.
Recess
Senator DeGrow moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:11a.m.
10:21a.m.
The Senate was called to order by the President, Lieutenant Governor Binsfeld.
During the recess, Senator Bouchard introduced to the Senate Miss Rae Clark, the current Miss Michigan.
Miss Clark spoke briefly.
During the recess, Senators Cherry, Gougeon and Cisky introduced to the Senate the members and coaches of the winning team of the International Softball Congress World Tournament.
Senator Cherry presented the team with Senate Resolution No.232.
During the recess, Senators Rogers, McManus, Emmons, Hart, Steil, Stille and Posthumus entered the Senate Chamber.
Senator DeGrow moved that rule 3.902 be suspended to allow the guests of Senator-elect Murphy admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received and read:
Department of State
November 24, 1998
Enclosed is the certification of election of Raymond M. Murphy to the office of the State Senator, as a result of a Special Election conducted on November 3, 1998 for a term ending January 1, 1999.
Sincerely,
Christopher M. Thomas
Director of Elections
United States of America
THE STATE OF MICHIGAN
DEPARTMENT OF STATE
To all to whom these presents shall come:
I, Candice S. Miller, Secretary of State of the State of Michigan and Custodian of the Great Seal thereof, Do Hereby Certify that Raymond M. Murphy, of 610 Chicago Blvd., Detroit, Michigan 48202 has been elected a State Senator from the 3rd District for a term ending January 1, 1999, as shown by the returns certified by the Wayne County Board of Canvassers.
[SEAL] In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State in the Capital City of Lansing, this twenty-third day of November A.D. 1998.
Candice S. Miller
Secretary of State
The communication was referred to the Secretary for record.
Senators Murphy, Byrum and VanRegenmorter entered the Senate Chamber.
Oath of Office
Senator-elect Raymond M. Murphy took and subscribed to the Constitutional Oath of Office, which was administered by Lieutenant Governor Binsfeld, and entered upon the discharge of his respective duties.
Senator DeGrow moved that consideration of the following bills be postponed until Wednesday, December 30:
House Bill No.5654
House Bill No.4681
House Bill No.4682
House Bill No.4683
House Bill No.4684
House Bill No.4685
House Bill No.4686
On which motion Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No.770 Yeas--19
Bennett Gast McManus Shugars
Bouchard Geake North Steil
Bullard Gougeon Rogers Stille
Cisky Hoffman Schuette VanRegenmorter
DeGrow Jaye Schwarz
Nays--14
Berryman Dingell Murphy Smith, A.
Byrum Hart O'Brien Smith, V.
Conroy Koivisto Peters Vaughn
DeBeaussaert Miller
Excused--1
Young
Not Voting--4
Cherry Dunaskiss Emmons Posthumus
In The Chair: President
Protest
Senator Byrum, under her constitutional right of protest (Art. 4, Sec. 18), protested against the postponing consideration of House Bill Nos. 5654, 4681, 4682, 4683, 4684, 4685 and 4686 until December 30.
Senator Byrum's statement is as follows:
I rise for a "no" vote explanation on the vote to postpone the dealing with the pain management package until next year.
I believe it is unconscionable to not deal with the issue of pain that dominates people's lives every day. In fact, one in five adults in Michigan currently live in pain. Of these people, 16 percent report that pain dominates their lives. Those are people suffering from cancer and other diseases that could be helped with drugs that have been available for at least a quarter of a century.
Ironically, yesterday when I opened my mail, I received a letter from a citizen outside of my district but was in response to the Detroit Free Press article on editorializing on the Legislature's necessity to take swift action in dealing with the pain management bills. As this gentleman wrote, he not only talked about his own pain that he suffers with every single day, but the pain that his mother just recently suffered as she was dying with cancer. In the final moments and minutes of her death, she lie there screaming in pain because the doctors were unwilling to prescribe sufficient amounts of morphine because it might hasten her death.
We have had, in the Senate Health Policy Committee, for some eight-plus months these bills that unanimously passed the Michigan House of Representatives about eight months or so ago. I, on numerous occasions, have urged the committee and this body to take swift action. I have had discharge motions. Last time the Senate Health Policy Committee met, my discharge motion was voted down on a party-line vote. I had expected to go to committee today and work on pain management bills. Obviously, that's not going to happen now. I don't for the life of me understand how this body could say to the citizens of Michigan, "Take two aspirin and call us back next year. We're not willing to deal with your pain and suffering today." That's unconscionable, and that's why I voted "no" on the postponement.
The following communication was received:
Merskin and Merskin, P.C.
October 6, 1998
We have recently completed our audit of the general purpose financial statements of West Shore Community College for the year ended June 30, 1998. The audit was conducted in accordance with generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States, and Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. In connection with our audit, we reviewed the college's operating procedures and internal control. Based upon our review and discussion with management as to their areas of concern, we offer the following comments and suggestions.
Fund Balance
As of June 30, 1998, the fund balances of the General Fund and the Auxiliary Fund were $2,047,829 and $412,715, respectively. The fund balance of the General Fund represents 30.6% of total fund expenditures for the past fiscal year. The Auxiliary Fund fund balance, after adjusted for inventories which are not available for expenditures, represents 53.3% of total fund expenditures. Both fund balances increased over the past fiscal year.
Financial Aid
A student who will receive financial aid is awarded an amount based upon an anticipated number of credit hours of enrollment. The award amount is automatically adjusted by the computer system when credit hours change. For those changes which are not automatically adjusted, we recommend a standard financial aid adjustment sheet be prepared for supporting documentation. The adjustment sheet would detail the adjustment, the reason for the adjustment, who prepared the adjustment, and would require the Financial Aid Director's approval.
Grant Administration
In prior years, we have made recommendations associated with improving grant administration procedures. We noted in the current year, some grants are still not being monitored by the grant administrators until the end of the fiscal year. At that point, the business office usually ends up reconciling the grant for the past year. Some grants encompass two years and the final adjustments are not made until the end of the second year. This method is not efficient, especially at year end. Each individual who is writing a grant proposal should meet with the business office and any other departments which may be involved with the grant before the grant is awarded. The pre-approval meeting is necessary because once a grant is awarded, activity usually begins immediately. Each grant needs to be properly set up, have all procedures communicated to everyone who will be affected, and then be monitored. The administrators should be required to follow the established procedures.
Internal Control
The internal control of the college consists of the policies and procedures which provide management with reasonable, but not absolute, assurances that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. The following are comments pertaining to the college's internal control.
Payroll - The college currently has an employee add/change form for changes associated with payroll. The form is not being forwarded to the payroll department when an employee is terminated. Any department requesting to delete an employee from payroll should forward the form to the Payroll Department. The Payroll Department would then send back to the requesting department a copy of the form stating the date the change occurred for verification.
Fixed Assets - The college maintains a detailed listing of all the assets purchased by or donated to the college. The detailed listing supports the asset totals recorded in the Plant Fund and is a requirement of generally accepted accounting principles. The last time an inventory was taken of the assets was during 1990. We recommend a total inventory be taken with individual building inventories taken subsequently. Also, the asset listing should be reconciled to the general ledger periodically throughout the year so the procedure is not so time consuming at year end. Individuals responsible for fixed assets could then be held accountable for them.
Business Office - An important procedure in the financial statement preparation is the review of information by the Director of Accounting. It has become apparent over the past two years that she has had less time to perform the review. Consequently, compensating controls are needed. With the new accounting system, more users have the ability to input data into the system, which has created more work on a daily basis. We recommend that all users' access be reviewed to determine if they should be limited, determine if other control procedures could be established as compensating controls for the review process, and establish procedures to help alleviate year end work for the business office. Establishing a purchase order cut off date of May 31 may have merit as well.
Conclusion
We would like to thank Mr.Westphal, Mrs.Fox, Ms.Oddo, and their staffs for the cooperation and patience extended to us during the course of the audit. Should you have any questions regarding the above comments, please contact us. It is a pleasure to be associated with the audit of West Shore Community College.
Respectfully Submitted,
Robert J. Bednarz, CPA
The communication was referred to the Secretary for record.
The following communications were received:
Joint Committee on Administrative Rules
Certificates of Approval
Date: November 12, 1998
Subject: Trans. No.98-68
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Transportation, Bureau of Highways pertaining to Driveways, Banners, and Parades On and Over Highways, dated August 24, 1998.
Date: November 12, 1998
Subject: Trans. No.98-69
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Agriculture, Pesticide and Plant Pest Management Division pertaining to Regulation No.523. Dry Edible Beans, dated August 11, 1998.
Date: November 12, 1998
Subject: Trans. No.98-71
I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Department of Consumer and Industry Services, Bureau of Regulatory Services pertaining to Adult Foster Care Facilities, dated August 4, 1998.
Date: November 12, 1998
Subject: Trans. No.98-72
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Corrections pertaining to General Rules--Prisoner Misconduct (Part 5), dated August 24, 1998.
Date: November 12, 1998
Subject: Trans. No.98-74
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Treasury, Bureau of State Lottery pertaining to Lottery Rules, dated September 30, 1998.
Date: November 12, 1998
Subject: Trans. No.98-75
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Education, State Board of Education pertaining to School Administrator Continuing Education, dated October 21, 1998.
Sincerely,
Senator Walter H. North
Chair
The communications were referred to the Secretary for record.
The following communication was received:
Joint Committee on Administrative Rules
November 12, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Complied Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-73 submitted by the Department of State, Bureau of Elections pertaining to Campaign Financing.
Sincerely,
Senator Walter H. North
Chair
The communication was referred to the Secretary for record.
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submits the following:
Meeting held on Wednesday, September 23, 1998, at 8:30a.m., Rooms 402 and 403, Capitol Building
Present: Senators North (C), Schwarz, VanRegenmorter, Dingell and Byrum
The following communications were received:
Office of the Auditor General
November 13, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the Bureau of State Lottery, Department of Treasury, November 1998.
November 19, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the Residential Services Program of Wayne Community Living Services, Inc., an agency under contract with the Detroit-Wayne County Community Mental Health Agency, November 1998.
November 20, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the Bureau of Urban and Public Transportation, Michigan Department of Transportation.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Secretary for record.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
November 13, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:29p.m. this date, administrative rule (98-11-3) for the Department of Consumer and Industry Services, Bureau of Construction Codes, entitled "Part 9a. Mechanical Code Rules," effective 15 days hereafter.
November 13, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:32p.m. this date, administrative rule (98-11-4) for the Department of Consumer and Industry Services, Bureau of Construction Codes, entitled "Part 4. Building Code," effective 15 days hereafter.
November 13, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:34p.m. this date, administrative rule (98-11-5) for the Department of Consumer and Industry Services, Bureau of Construction Codes, entitled "Part 8. Electrical Code," effective 15 days hereafter.
November 13, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:36p.m. this date, administrative rule (98-11-6) for the Department of Transportation, Bureau of Highways, entitled "Driveways, Banners, and Parades on and over Highways," effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
The following communication was received:
Department of Treasury
November 17, 1998
Pursuant to and in compliance with Public Act 227 of 1985, as amended, I am hereby transmitting a report for the Michigan Municipal Bond Authority for the periods of May 1, 1996 thru April 30, 1998.
If there are any questions regarding this information, please feel free to contact me at (517) 373-1728.
Sincerely,
Janet Hunter-Moore
Executive Director
Michigan Municipal Bond Authority
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, November 12:
House Bill Nos. 4396 4674 5238 5546 6033 6034 6047 6069 6172
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, November 17, for his approval the following bill:
Enrolled Senate Bill No. 1030 at 9:27 a.m.
The Secretary announced the printing and placement in the members' files on Friday, November 13 of:
Senate Bill Nos. 1358 1359 1360 1361 1363
House Bill Nos. 6283 6284 6285 6286 6287 6288 6289 6290 6291 6292 6293 6294 6295 6296
The Secretary announced the printing and placement in the members' files on Monday, November 16 of:
Senate Bill Nos. 1364 1365 1366 1367 1368 1369 1370
Senate Joint Resolution S
House Bill Nos. 6297 6298 6299 6300
Senator DeGrow moved that Senators Emmons and Posthumus be temporarily excused from the balance of today's session.
The motion prevailed.
Senator Emmons entered the Senate Chamber.
Senator DeGrow moved that rule 3.902 be suspended to allow Senator-elect Thaddeus McCotter admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senate Joint Resolution K, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article IV and section 22 of article V, to eliminate the age requirement for serving as the governor, the lieutenant governor, or a member of the legislature.
(Motion made to discharge the Committee on Government Operations, yeas and nays ordered and consideration postponed. See Senate Journal No. 66, p. 1784.)
The question being on the motion to discharge the Committee on Government Operations from further consideration of the bill,
Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion did not prevail, a majority of the members serving not voting therefor, as follows:
Roll Call No.771 Yeas--14
Berryman DeBeaussaert Murphy Smith, A.
Byrum Dingell O'Brien Smith, V.
Cherry Hart Peters Vaughn
Conroy Koivisto
Nays--22
Bennett Emmons McManus Schwarz
Bouchard Gast Miller Shugars
Bullard Geake North Steil
Cisky Gougeon Rogers Stille
DeGrow Hoffman Schuette VanRegenmorter
Dunaskiss Jaye
Excused--2
Posthumus Young
Not Voting--0
In The Chair: President
Senator Vaughn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Vaughn's statement is as follows:
Madam President, I'm here to stand and let you know that I think we should not delay the right of young adults in the state of Michigan to run for public office. One of the original sponsors of the right of young adults to serve in this body, and we passed that, which was credit to this body--a right to vote at 18. A long series of bills that myself and Mike Diveley, many of you recall, was part of the team that not only believed in the right to vote at 18 but the right to run for public office. I don't think that this body is representative of the thinking and the minds that our great state has been able to produce.
I think this is one of the most important bills that we have been confronted with, and you know the saying, "Justice delayed is justice denied" for all of us. I'm here asking for a vote of young adults, and this body has manipulated and refused to pass a bill that would give them the right to vote at 18. You may vote for me at 18, but you can't run for the office at 18.
What my bill is attempting is to democratize the whole election process. You would not believe that in this time and day we have concerted opposition on this floor to deny young adults the right to run and sit in the Michigan Senate or the Michigan House. As many of you are aware that some 12 years ago, we introduced a whole package of young adults' rights, and it's interesting. We passed the right to vote at 18, but you can't run for public office at 18. Would you believe that intelligent, thinking people would deny based on ability every student? Every college and university should rise up in opposition to what we are covering up here. You may vote for me, but you can't run for office. You can't sit in the House or the Senate. I think we should protest and protest lively. What are we afraid of? I happen to represent the University of Detroit, Marygrove College, and Wayne County Community College. We encourage young adults to get involved to run for public office. If you can't stand the heat, don't get in the kitchen, and there's been a concerted effort to not even allow a person to run for public office.
Just let me share a few facts with you. Stevens T. Mason, as most of you know, became the first Governor of Michigan at the ripe, old age of 25. William Pitt, elected as a member of Parliament at the age of 22 and Prime Minister at the age of 23 and 24. We had here a Governor who ran for office at an early age, and I think that benefitted the entire electoral process in our state. I am really amazed that anybody on this floor who is fair about young adults becoming more actively involved, voting "no" on this bill. I urge my colleagues, and you have an opportunity now. "Justice delayed is justice denied." We don't have to think about this. We should be encouraging; we should be very happy that there may be somebody in our districts who has much more to offer. At this late time and date, we have to resort to a discharge motion to force us into really responding. With this vote, every young adult in the state of Michigan will have the opportunity to see whether or not we encourage young youth's participation in government.
Incidentally, Madam President and members, you have to get elected. I don't care how old you are, you have to get elected. If you can't stand the heat, don't get into the kitchen. We have people here who would deny young adults the opportunity to run or to submit their application. I'm not so sure what's so magic about 21 that one who's graduating from college. And incidentally, Madam President, you can become a doctor without an age requirement, and therefore, I just urge my colleagues to vote so that we can pass this right on to every college and student in the state of Michigan, and whether or not they're in college, they have a right to be protected. I urge your support.
Messages from the House
Senator DeGrow moved that consideration of the following bills be postponed for today:
Senate Bill No.386
House Bill No.4259
House Bill No.5261
House Bill No.5317
The motion prevailed.
Senate Bill No.623, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 40.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
Senator Bullard offered the following substitute to the House substitute:
Substitute (S-2).
The substitute to the substitute was adopted.
The question being on concurring in the House substitute, as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.772 Yeas--34
Bennett DeGrow Jaye Schwarz
Berryman Dingell Koivisto Shugars
Bouchard Dunaskiss McManus Smith, A.
Bullard Emmons Miller Smith, V.
Byrum Gast North Steil
Cherry Geake Peters Stille
Cisky Gougeon Rogers VanRegenmorter
Conroy Hart Schuette Vaughn
DeBeaussaert Hoffman
Nays--0
Excused--2
Posthumus Young
Not Voting--2
Murphy O'Brien
In The Chair: President
The President pro tempore, Senator Schwarz, assumed the Chair.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Senator Bullard offered to amend the title to read as follows:
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 44a.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Senate Bill No.728, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 509 (MCL 324.503 and 324.509), section 503 as amended by 1996 PA 133.
Substitute (H-3).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.773 Yeas--36
Bennett DeGrow Jaye Schuette
Berryman Dingell Koivisto Schwarz
Bouchard Dunaskiss McManus Shugars
Bullard Emmons Miller Smith, A.
Byrum Gast Murphy Smith, V.
Cherry Geake North Steil
Cisky Gougeon O'Brien Stille
Conroy Hart Peters VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Nays--0
Excused--2
Posthumus Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1170, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1996 PA 588.
(For text of amendment, see Senate Journal No.69, p. 1937.)
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.774 Yeas--35
Bennett DeGrow Koivisto Schwarz
Berryman Dingell McManus Shugars
Bouchard Dunaskiss Miller Smith, A.
Bullard Emmons Murphy Smith, V.
Byrum Gast North Steil
Cherry Geake O'Brien Stille
Cisky Gougeon Peters VanRegenmorter
Conroy Hart Rogers Vaughn
DeBeaussaert Hoffman Schuette
Nays--1
Jaye
Excused--2
Posthumus Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.184, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.
(For Conference Report, see Senate Journal No.68, p. 1915.)
The House of Representatives has adopted the report of the Committee of Conference.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.752, entitled
A bill to amend 1956 PA 5, entitled "An act to establish and promote a uniform system of municipal courts in cities; to consolidate justice courts in cities into a system of municipal courts; to change the name of existing justice courts and justices of the peace in cities to municipal courts and municipal judges; to promote uniformity in practice and procedure in such courts; to prescribe the powers, duties and functions of such courts; and to provide for substitute municipal judges in cities in cases of death, absence, disability or removal of the regularly elected or appointed municipal judges and in cases where temporary judicial assistance is needed in such courts," by amending section 23 (MCL 730.523) and by adding section 23a.
The House of Representatives has concurred in the Senate amendment to the House amendments.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1086, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204f.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1087, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204c.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1148, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 1996 PA 167.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.152, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401f.
The House of Representatives has amended the bill as follows:
1. Amend page 2, line 3, by striking out all of enacting section 1.
The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.775 Yeas--35
Bennett DeGrow Jaye Schuette
Berryman Dingell Koivisto Schwarz
Bouchard Dunaskiss McManus Shugars
Bullard Emmons Miller Smith, V.
Byrum Gast Murphy Steil
Cherry Geake North Stille
Cisky Gougeon O'Brien VanRegenmorter
Conroy Hart Peters Vaughn
DeBeaussaert Hoffman Rogers
Nays--0
Excused--2
Posthumus Young
Not Voting--1
Smith, A.
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.479, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," (MCL 206.1 to 206.532) by adding section 267.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:
Roll Call No.776 Yeas--3
Cherry Dingell Murphy
Nays--32
Bennett DeGrow Jaye Schuette
Berryman Dunaskiss Koivisto Schwarz
Bouchard Emmons McManus Shugars
Bullard Gast Miller Smith, V.
Byrum Geake North Steil
Cisky Gougeon O'Brien Stille
Conroy Hart Peters VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Excused--2
Posthumus Young
Not Voting--1
Smith, A.
In The Chair: Schwarz
Senate Bill No.1088, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204d.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.777 Yeas--36
Bennett DeGrow Jaye Schuette
Berryman Dingell Koivisto Schwarz
Bouchard Dunaskiss McManus Shugars
Bullard Emmons Miller Smith, A.
Byrum Gast Murphy Smith, V.
Cherry Geake North Steil
Cisky Gougeon O'Brien Stille
Conroy Hart Peters VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Nays--0
Excused--2
Posthumus Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator DeGrow moved that consideration of the following bills and joint resolution be postponed for today:
Senate Bill No.256
Senate Joint Resolution A
Senate Bill No.1196
Senate Bill No.1197
The motion prevailed.
The following bill was read a third time:
House Bill No.4886, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204a.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.778 Yeas--36
Bennett DeGrow Jaye Schuette
Berryman Dingell Koivisto Schwarz
Bouchard Dunaskiss McManus Shugars
Bullard Emmons Miller Smith, A.
Byrum Gast Murphy Smith, V.
Cherry Geake North Steil
Cisky Gougeon Peters Stille
Conroy Hart Posthumus VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Nays--0
Excused--1
Young
Not Voting--1
O'Brien
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5006, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," by amending section 204 (MCL 4.1204).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.779 Yeas--36
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus VanRegenmorter
DeGrow Jaye Rogers Vaughn
Nays--0
Excused--1
Young
Not Voting--1
Cherry
In The Chair: Schwarz
Senator V. Smith moved that Senator Cherry be temporarily excused from the balance of today's session.
The motion prevailed.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
Senator Cherry entered the Senate Chamber.
The following bill was read a third time:
House Bill No.4895, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204f.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.780 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5851, entitled
A bill to designate highway M-6 in Kent and Ottawa counties as the Paul B. Henry freeway; and to prescribe the duties of the state transportation department.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.781 Yeas--35
Bennett DeGrow Koivisto Schwarz
Berryman Dingell McManus Shugars
Bouchard Dunaskiss Miller Smith, A.
Bullard Emmons Murphy Smith, V.
Byrum Gast North Steil
Cherry Geake O'Brien Stille
Cisky Gougeon Peters VanRegenmorter
Conroy Hart Posthumus Vaughn
DeBeaussaert Hoffman Rogers
Nays--1
Jaye
Excused--1
Young
Not Voting--1
Schuette
In The Chair: Schwarz
Senator DeGrow moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4611, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11510 (MCL 324.11510), as amended by 1996 PA 358.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.782 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
Senator DeGrow moved that Senators Bouchard and VanRegenmorter be temporarily excused from the balance of today's session.
The motion prevailed.
House Bill No.5867, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506c.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.783 Yeas--35
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bullard Emmons Miller Shugars
Byrum Gast Murphy Smith, A.
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus Vaughn
DeGrow Jaye Rogers
Nays--0
Excused--3
Bouchard VanRegenmorter Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5800, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1210.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.784 Yeas--35
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bullard Emmons Miller Shugars
Byrum Gast Murphy Smith, A.
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus Vaughn
DeGrow Jaye Rogers
Nays--0
Excused--3
Bouchard VanRegenmorter Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5835, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1211.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.785 Yeas--34
Bennett Dingell Koivisto Rogers
Berryman Dunaskiss McManus Schuette
Bullard Emmons Miller Schwarz
Byrum Gast Murphy Shugars
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus Vaughn
DeGrow Jaye
Nays--0
Excused--3
Bouchard VanRegenmorter Young
Not Voting--1
Smith, A.
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
House Bill No.5365, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 1998 PA 239.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.786 Yeas--35
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bullard Emmons Miller Shugars
Byrum Gast Murphy Smith, A.
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus Vaughn
DeGrow Jaye Rogers
Nays--0
Excused--3
Bouchard VanRegenmorter Young
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies and officials,".
The Senate agreed to the full title.
Recess
Senator DeGrow moved that the Senate recess until 2:00p.m.
The motion prevailed, the time being 11:49a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.
During the recess, Senators Bouchard and VanRegenmorter entered the Senate Chamber.
Recess
Senator V. Smith moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 2:01p.m.
2:21p.m.
The Senate was called to order by the President, Lieutenant Governor Binsfeld.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.787 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
Senator DeGrow moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal certain acts and parts of acts; to repeal certain acts and parts of acts on specific dates; to repeal certain parts of this act on specific dates; and to provide penalties for the violation of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5754, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 802 (MCL 257.802), as amended by 1997 PA 80.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.788 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4364, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1994 PA 445.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.789 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4365, entitled
A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending sections 3 and 5 (MCL 801.83 and 801.85), section 3 as amended by 1994 PA 212.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.790 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act regarding county jails and prisoners housed therein; to provide certain powers and duties of county officials; and to provide for the reimbursement of certain expenses incurred by counties in regard to prisoners confined in county jails,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5564, 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 section 21 of chapter X and sections 2, 2a, 2c, 14, 15, 17, 17c, 18, and 26 of chapter XIIA (MCL 710.21, 712A.2, 712A.2a, 712A.2c, 712A.14, 712A.15, 712A.17, 712A.17c, 712A.18, and 712A.26), sections 2, 2a, and 2c of chapter XIIA as amended by 1996 PA 409, section 14 of chapter XIIA as amended by 1988 PA 224, section 15 of chapter XIIA as amended by 1987 PA 72, section 17 of chapter XIIA as amended by 1998 PA 325, section 17c of chapter XIIA as amended by 1997 PA 169, and section 18 of chapter XIIA as amended by 1997 PA 163.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.791 Yeas--35
Bennett DeGrow Koivisto Schwarz
Berryman Dingell McManus Shugars
Bouchard Emmons Miller Smith, A.
Bullard Gast North Smith, V.
Byrum Geake O'Brien Steil
Cherry Gougeon Peters Stille
Cisky Hart Posthumus VanRegenmorter
Conroy Hoffman Rogers Vaughn
DeBeaussaert Jaye Schuette
Nays--0
Excused--1
Young
Not Voting--2
Dunaskiss Murphy
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.5567, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15b and 15c of chapter IV (MCL 764.15b and 764.15c), as amended by 1996 PA 15.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.792 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator DeGrow moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No.1038
Senate Bill No.1357
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator DeGrow moved that Senators Gougeon and Steil be excused from the balance of today's session.
The motion prevailed.
The following bill was read a third time:
Senate Bill No.1038, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 1996 PA 347.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
The substitute was not adopted, a majority of the members serving not voting therefor.
Senators Gougeon and Steil entered the Senate Chamber.
Senator VanRegenmorter offered the following substitute:
Substitute (S-4).
The question being on the adoption of the substitute,
Senator Emmons offered the following amendment to the substitute:
1. Amend page 4, line 26, after "UNDER" by striking out "THIS SUB-SUBPARAGRAPH OR".
The amendment to the substitute was adopted.
The substitute, as amended, was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.793 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Emmons moved that rule 3.505 be suspended to allow her to vote "yea" on the passage of the following bill:
Senate Bill No.1038
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No.1357, entitled
A bill to amend 1952 PA 175, entitled "An act to authorize incorporated cities and villages to borrow money and issue bonds in anticipation of future payments from the motor vehicle highway fund, for any purpose or purposes for which said funds may be used and for the purpose of refunding such bonds; authorizing the pledging of the faith and credit of the issuing city or village, upon proper resolution of its governing body, as additional security for the payment of said bonds; and to prescribe procedures and conditions relative to the issuance of such bonds," by amending sections 1 and 4 (MCL 247.701 and 247.704), section 1 as amended by 1983 PA 117 and section 4 as amended by 1996 PA 125.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.794 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Schuette stated that had he been present when the vote was taken on the passage of the following bill, he would have voted "yea":
House Bill No.5851
The following bill was read a third time:
Senate Bill No.1150, entitled
A bill to require the attorney general to take legal action to challenge any federal mandate for the state to obtain or disclose an individual's social security number for purposes unrelated to social security or federal taxation.
The question being on the passage of the bill,
Senator Bouchard offered the following amendment:
1. Amend page 1, line 1, after "Sec. 1." by striking out "The attorney general shall initiate and litigate a" and inserting "It is the legislature's intent that the attorney general initiate and litigate a".
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.795 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
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 question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.796 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5201, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 853 (MCL 380.853), as amended by 1992 PA 263 and by adding section 14.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.797 Yeas--36
Bennett DeGrow Jaye Schuette
Berryman Dingell Koivisto Schwarz
Bouchard Dunaskiss McManus Shugars
Bullard Emmons Murphy Smith, A.
Byrum Gast North Smith, V.
Cherry Geake O'Brien Steil
Cisky Gougeon Peters Stille
Conroy Hart Posthumus VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Nays--0
Excused--1
Young
Not Voting--1
Miller
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5000, entitled
A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending the title and sections 1 and 3 (MCL 257.1401 and 257.1403).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.798 Yeas--36
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Byrum Gast Murphy Smith, A.
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Stille
DeBeaussaert Hoffman Posthumus VanRegenmorter
DeGrow Jaye Rogers Vaughn
Nays--0
Excused--1
Young
Not Voting--1
Bullard
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.5057, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50 (MCL 750.50), as amended by 1996 PA 458.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.799 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5637, entitled
A bill to create the Michigan freedom trail commission; and to prescribe the powers and duties of certain state departments, agencies, commissions, and officers.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.800 Yeas--36
Bennett DeGrow Koivisto Schuette
Berryman Dingell McManus Schwarz
Bouchard Dunaskiss Miller Shugars
Bullard Emmons Murphy Smith, A.
Byrum Gast North Smith, V.
Cherry Geake O'Brien Steil
Cisky Gougeon Peters Stille
Conroy Hart Posthumus VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
Nays--1
Jaye
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Senator DeGrow moved that consideration of the following bill be postponed for today:
Senate Bill No.1046
The motion prevailed.
The following bill was read a third time:
House Bill No.4139, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 716 (MCL 257.716), as amended by 1980 PA 311.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.801 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.774, entitled
A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending sections 6 and 8 (MCL 257.1406 and 257.1408).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.802 Yeas--37
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, A.
Byrum Geake North Smith, V.
Cherry Gougeon O'Brien Steil
Cisky Hart Peters Stille
Conroy Hoffman Posthumus VanRegenmorter
DeBeaussaert Jaye Rogers Vaughn
DeGrow
Nays--0
Excused--1
Young
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.1143, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 35105 (MCL 324.35105), as amended by 1996 PA 290.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.803 Yeas--34
Bennett Dingell Koivisto Schuette
Berryman Dunaskiss McManus Schwarz
Bouchard Emmons Miller Shugars
Bullard Gast Murphy Smith, V.
Cherry Geake North Steil
Cisky Gougeon O'Brien Stille
Conroy Hart Posthumus VanRegenmorter
DeBeaussaert Hoffman Rogers Vaughn
DeGrow Jaye
Nays--3
Byrum Peters Smith, A.
Excused--1
Young
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
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, Lieutenant Governor Binsfeld, designated Senator Bouchard as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Binsfeld, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.906, entitled
A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 1999; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and September 30, 1999 conditions relating to the appropriations; and to provide for the expenditure of appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 14, after "center" by inserting a comma and "library and welding and fastening project".
2. Amend page 7, line 1 by striking out "1,035,000" and inserting "1,585,000".
3. Amend page 7, by striking out lines 10, 11, and 12 and adjusting subtotals, totals, and section 201 accordingly.
4. Amend page 40, following line 8, by inserting:
"Sec. 807. The total project cost for the North Central Michigan College multipurpose facility and general campus renovations project authorized in 1996 PA 321 is increased from $7,935,000.00 to $10,000,000.00 to cover changes in the project. The State building authority remains at $3,967,400.00, the General Fund/General Purpose share remains at $100.00, and the college share is increased from $3,967,500.00 to $6,032,500.00".
5. Amend page 43, following line 12, by inserting:
"Sec. 1002a. The department of natural resources is authorized to utilize the following unexpended FY 1997-98 GF/GP appropriations for continued renovation of state offices in the Mason building. These funds shall be considered a work project appropriation as per section 451 of P.A. 504 of 1998, and shall not lapse but be carried into FY 1998-99.
ADMINISTRATIVE SERVICES
Budget and program support 300,000
Office of litigation and program services 100,000
TOTAL 400,000".
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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No.906
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No.906, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay programs and state departments and agencies for the fiscal years ending September 30, 1998 and September 30, 1999; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Jaye offered the following amendment:
1. Amend page 48, line 3, by striking out all of line 3 through line 21 of page 49 and inserting:
"Sec. 2101a. If the state budget director certifies to the senate and house appropriations committees that sufficient general fund/general purpose balances will exist at the close of the fiscal year ending September 30, 1998, an amount not to exceed $87,800,000.00 is appropriated to the county road commissions and shall be allocated on a per capita basis.".
The question being on the adoption of the amendment,
Senator Jaye requested the yeas and nays.
The yeas and nays were not ordered, 1/5 of the members present not voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator V. Smith moved that Senator Koivisto be excused from the balance of today's session.
The motion prevailed.
Senator Jaye offered the following amendments:
1. Amend page 22, following line 20, by inserting:
"Sec. 204. State funds shall not be used to construct 1 or more of the following:
(a) An underground parking facility.".
2. Amend page 48, following line 2, by inserting:
"Sec. 2101a. State funds shall not be used to construct 1 or more of the following:
(a) An underground parking facility.".
The question being on the adoption of the amendments,
Senator Jaye requested the yeas and nays.
The yeas and nays were not ordered, 1/5 of the members present not voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Bouchard offered the following amendments:
1. Amend page 3, following line 19, by inserting:
"Municipal solid waste incinerator removal 250,000".
2. Amend page 4, line 4, by striking out "9,800,000" and inserting "10,050,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 42, following line 2, by inserting:
"Sec. 906. The funds appropriated in section 102 for municipal solid waste incinerator removal are to provide funding for governmentally owned incinerators that have been closed due to regulations to protect public health, or are considered a safety hazard.".
The amendments were not adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.804 Yeas--24
Berryman DeGrow Hoffman Posthumus
Bullard Dunaskiss McManus Schwarz
Byrum Gast Murphy Shugars
Cherry Geake North Smith, V.
Cisky Gougeon O'Brien Steil
Conroy Hart Peters Vaughn
Nays--11
Bennett Dingell Miller Stille
Bouchard Emmons Rogers VanRegenmorter
DeBeaussaert Jaye Schuette
Excused--2
Koivisto Young
Not Voting--1
Smith, A.
In The Chair: President
The Senate agreed to the title of the bill.
Protests
Senators Jaye, VanRegenmorter and Rogers, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.906.
Senator Jaye moved that the statements he made during the discussion of the amendments he offered be printed as his reason for voting "no."
The motion prevailed.
Senator Jaye's first statement is as follows:
Madam Governor and Senate colleagues, some Senators were not on the floor during General Orders, and this is a second chance to take the $87.8 million for this new Taj Mahal Justice of the state of Michigan and to transfer that $87.8 million to road repair and construction, statewide on a per capita basis. These are the taxpayers' dollars. There are no leaking roofs. There are no out-moded technologies. There is no urgency to create and construct a new court building.
However, we do have urgency; we do have a crisis on road repair and road construction. In people's family lives and their business, every day they must make choices. They must make priorities, and they must make decisions on how to spend scarce resources. So on this, the second to the last week of the Legislature, let's show to the voters that when confronted with the choice of roads or a brand-new office building for among the highest paid politicians in the state of Michigan, that we sided with the taxpayer, with the motoring public.
This is an economic shot in the arm to improve commerce, to improve tourism, to improve the quality of life for not only the residents of Michigan but also the visitors. This $87.8 million can create 88 miles of brand-new roads or 240 of re-paving. That's a lasting investment in our infra-structure as opposed to the comfort and luxury of the state Supreme Court. So I would hope that you would vote for this amendment to use the money for roads on a per capita basis, and I would ask for a division on the amendment.
Senator Jaye's second statement is as follows:
I have a respectful difference of opinion with the chairman of the Appropriations Committee. In the collective judgment of the committee, they believed that $15 million should be spent for an underground parking facility for the judges and the judicial employees. That is $32,600.00. I challenge the chairman of the Appropriations Committee that if he believes that was such a preferable expenditure of our money, that he join me in a record roll call vote.
If, in fact, of all the different demands on our state dollars--tax cuts, roads, the environment, libraries, classrooms--if instead we should give the highest priority to money at the end of the year to an underground parking at the cost of $32,600.00 per space, let us have a record roll call vote on this. I would ask you please to extend to me the courtesy and to the taxpayers the courtesy of a record roll call vote on whether, at the end of the day, at the end of the year, when there is $15 million that could be spent on education, the environment, or the roads, that instead we chose to construct underground parking for the comfort of politicians and their political staff.
Thirty-two thousand six hundred dollars. A lot of people do not even live in homes that cost $32,600.00. This is the most brazen piece of expenditure of pork that I have seen in ten years. Underground parking facilities at $15 million dollars. We were elected to be prudent stewards of the taxpayer's dollars, not to spend money frivolously, not to spend money on perks for elected officials who almost nobody in your district or my district has. Let us eliminate this $15 million.
I know I did not get a record roll call vote on the issue of the building itself, but I am asking my Senate colleagues, please, to extend to me and the taxpayers of the state of Michigan the courtesy of a record roll call vote. If you think it is such a good idea, then please have the courage by voting "yes" on the issue of my request for the yeas and nays to eliminate this $15 million in underground parking for the new court building.
Senator VanRegenmorter's statement, in which Senator Rogers concurred, is as follows:
I voted "no" on this bill not because of the other items in it with any specificity, but because of the hall of justice. A year ago some plans were presented to the Legislature for a hall of justice which would cost about $260.00 a square foot. It was viewed by some, including myself, as having some things in it that could be described as glamorous. With the help of the Appropriations Committee chaired by Senator Gast, $700,000.00 was appropriated to be used for study and planning and then making recommendations.
In the year that has since passed I and in talking to some of my colleagues who have not seen the full product of that $700,000.00, although I am not sure that is so essential in spite of the fact that a number of us asked for that information earlier from the Department of Management and Budget. At this point, however, we do have some partial information about this new hall of justice building. I want to make it clear that I recognize that it is not the court asking for anything glamorous, and it is, in fact, apparently the Department of Management and Budget which has been responsible for the planning and the process up until now. That is not an unnatural way to do things. A year later and $700,000.00 later, the building project has actually gone up by $9.00 a square foot to $269.00 a square foot. Something has been added, and that is a $15 million underground parking garage. That calculates to about $32,600.00 per space.
I think we need a new hall of justice, and I think it ought to be a building about which we can be very proud. But when we are going to approve $87 million of taxpayer money, I think the taxpayers expect us to do so carefully, frugally, and with full information. I voted "no" on this bill because we do not have full information. My vote against it was as much to state that I cannot support spending $87 million of taxpayer money without that complete information. We are, after all, accountable to the taxpayers.
Senator A. Smith stated that had she been present when the vote was taken on the passage of the following bill, she would have voted "yea":
Senate Bill No.906
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator DeGrow moved that the Committee on Families, Mental Health and Human Services be discharged from further consideration of the following bill:
House Bill No.4232, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1995 PA 225, and by adding sections 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 9a.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator DeGrow moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on its immediate passage:
House Bill No.4232
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received and read:
Office of the Senate Majority Leader
December 1, 1998
Pursuant to Senate Rule 1.105, I hereby appoint the members below to the following Conference Committee:
SB 479 Senator Walter North, Chair
Senator Dale Shugars
Senator Gary Peters
Please make this communication part of the official Senate record.
Sincerely,
Senator Dick Posthumus
Senate Majority Leader
The communication was referred to the Secretary for record.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Bennett introduced
Senate Bill No.1371, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 20 (MCL 388.1620), as amended by 1997 PA 142.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No.4396, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513).
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 the rules be suspended and that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.4674, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
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 Judiciary.
House Bill No.5238, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401, and by adding section 5b.
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 Health Policy and Senior Citizens.
House Bill No.5546, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts.
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 Finance.
House Bill No.6033, entitled
A bill to authorize the state administrative board to convey certain parcels of state owned property in Oakland county; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; to prescribe conditions for the conveyances; and to provide for disposition of the revenue derived from the conveyances.
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 Local, Urban and State Affairs.
House Bill No.6069, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.
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 the rules be suspended and that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.6172, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.
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 Finance.
Statements
Senator Conroy asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Conroy's statement is as follows:
I would like to at least indicate the rationale that this member of the Appropriations Committee used in coming to the conclusion of approving of the Hall of Justice building. The underground parking, I think, is a good idea. I think it makes sense that you wouldn't have to buy another block or two of houses in order to find parking spaces for employees--that it is proper when you build a large building such as this, that you provide parking for these employees. As I said earlier, these employees will be paying for that parking space assessed each month of the year that they work. So, it is amortized by income from the varying employees that would use that parking structure, which is located underneath the Hall of Justice. But the main reason for supporting the bill is that these courts and employees are located in seven different locations throughout the city of Lansing. These employees are located throughout the state and around the city of Lansing. There is at least seven different locations that they are located in.
The projection is that there will indeed be a savings of money over time, of reduced duplication--reduced number of employees that will be needed to operate the facility as well as the various functions of the Supreme Court and the Appellate Court in this building. So, I think there is good economic reason to vote "yes" on this, and that is the reason I came to the conclusion. I think this is the kind of building that will open up shortly after the new century starts and will last for all of this next century. It will be a building, although not fancy that will be adequate and will service the state courts in an economic way, as well as in a way that makes it easier to give credit to the people who need to use the courts of this state.
Committee Reports
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.5254, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 503 (MCL 324.503), as amended by 1996 PA 133.
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.
Loren N. Bennett
Chairperson
To Report Out:
Yeas: Senators Bennett, Dunaskiss and Dingell
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.5278, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 509 (MCL 324.509).
With the recommendation that the following amendment be adopted and that the bill then pass:
1. Amend page 2, line 24, after "No." by striking out "727" and inserting "728".
The committee further recommends that the bill be given immediate effect.
Loren N. Bennett
Chairperson
To Report Out:
Yeas: Senators Bennett, Dunaskiss and Dingell
Nays: None
The bill and the amendment recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.5294, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501 and 62509 (MCL 324.62501 and 324.62509), as added by 1995 PA 57, and by adding sections 62509a and 62509b.
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.
Loren N. Bennett
Chairperson
To Report Out:
Yeas: Senators Bennett, Dunaskiss, Dingell and DeBeaussaert
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.6007, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21543 (MCL 324.21543).
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, Dingell and DeBeaussaert
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Environmental Affairs submits the following:
Meeting held on Tuesday, November 10, 1998, at 3:00p.m., 8th Floor Conference Room, Farnum Building
Present: Senators Bennett (C), Dunaskiss, Dingell and DeBeaussaert
The Committee on Appropriations reported
Senate Concurrent Resolution No.100
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-Way Radio System and Microwave Backbone System Phase II.
(For text of resolution, see Senate Journal No. 68, p. 1928.)
With the recommendation that the concurrent resolution be adopted.
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 concurrent resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submits the following:
Meeting held on Tuesday, November 10, 1998, at 2:00p.m., Senate Appropriations Room, Capitol Building
Present: Senators Gast (C), Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert
The Committee on Judiciary reported
House Bill No.5511, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2965.
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, Dingell and V. Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5938, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.
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, Cisky, Dingell, Peters and V. Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.78, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15d of chapter IV (MCL 764.15d), as added by 1987 PA 256.
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.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Dingell, Peters and V. Smith
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.1071, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520a (MCL 750.520a), as amended by 1983 PA 158.
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, Cisky, Geake, Peters and V. Smith
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 Tuesday, November 10, 1998, at 1:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators VanRegenmorter (C), Rogers, Cisky, Geake, Dingell, Peters and V. Smith
The Committee on Health Policy and Senior Citizens reported
House Bill No.4789, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16336 and part 179.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
House Bill No.5407, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4n.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Byrum and O'Brien
Nays: Senator Jaye
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
House Bill No.5736, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 1998 PA 24 and section 502a as amended by 1994 PA 440.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
House Bill No.5737, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 315 (MCL 418.315), as amended by 1995 PA 21.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
House Bill No.5986, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 179.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
Senate Bill No.1231, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 22209a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Senior Citizens submits the following:
Meeting held on Thursday, November 12, 1998, at 12:30p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Schwarz, Jaye, Byrum and O'Brien
The Committee on Government Operations reported
House Bill No.4923, entitled
A bill to designate an official wildflower of this state.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons and Hoffman
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.1362, entitled
A bill to amend 1996 PA 462, entitled "Enhanced access to public records act," by amending sections 2 and 3 (MCL 15.442 and 15.443).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons and Hoffman
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submits the following:
Meeting held on Tuesday, November 10, 1998, at 3:00p.m., Room 110, Farnum Building
Present: Senators Bullard (C), Emmons and Hoffman
Excused: Senators Miller and Hart
The Committee on Hunting, Fishing and Forestry reported
House Bill No.5366, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43555 (MCL 324.43555), as amended by 1996 PA 585.
With the recommendation that the bill pass.
Dave Jaye
Chairperson
To Report Out:
Yeas: Senators Jaye, McManus, Byrum and Dingell
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Hunting, Fishing and Forestry reported
Senate Bill No.963, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43517 and 43520 (MCL 324.43517 and 324.43520), as added by 1995 PA 57.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Dave Jaye
Chairperson
To Report Out:
Yeas: Senators Jaye, McManus, Byrum and Dingell
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Hunting, Fishing and Forestry reported
Senate Bill No.1058, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30103 and 32512 (MCL 324.30103 and 324.32512), as added by 1995 PA 59.
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
Dave Jaye
Chairperson
To Report Out:
Yeas: Senators Jaye, McManus, Byrum and Dingell
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Hunting, Fishing and Forestry reported
Senate Bill No.1258, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40102 (MCL 324.40102), as amended by 1998 PA 86, and by adding section 40115a.
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.
Dave Jaye
Chairperson
To Report Out:
Yeas: Senators Jaye, McManus, Byrum and Dingell
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 Hunting, Fishing and Forestry submits the following:
Meeting held on Thursday, November 12, 1998, at 2:30p.m., Room 110, Farnum Building
Present: Senators Jaye (C), McManus, Byrum and Dingell
Excused: Senator Hoffman
The Committee on Local, Urban and State Affairs reported
House Bill No.5613, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.
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.
Leon Stille
Chairperson
To Report Out:
Yeas: Senators Stille, Dunaskiss and Bennett
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
Senate Bill No.130, entitled
A bill to amend 1967 PA 288, entitled "Subdivision control act of 1967," by amending sections 241, 241a, 242, 243, 244, 245, and 246 (MCL 560.241, 560.241a, 560.242, 560.243, 560.244, 560.245, and 560.246), sections 241 and 241a as amended by 1993 PA 67 and section 243 as amended by 1992 PA 214; 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 Bennett
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
Senate Bill No.445, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and sections 1, 2, 3, 4, 6, 7, 9, 13, 14, 15, 16, 17, 21, 22, and 23 (MCL 252.301, 252.302, 252.303, 252.304, 252.306, 252.307, 252.309, 252.313, 252.314, 252.315, 252.316, 252.317, 252.321, 252.322, and 252.323), section 4 as amended by 1990 PA 153, and by adding sections 7a and 21a.
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.
Leon Stille
Chairperson
To Report Out:
Yeas: Senators Stille, Dunaskiss and Bennett
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 Local, Urban and State Affairs submits the following:
Meeting held on Wednesday, November 18, 1998, at 1:30p.m., Room 100, Farnum Building
Present: Senators Stille (C), Dunaskiss and Bennett
Excused: Senators Hart and O'Brien
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5312, entitled
A bill to protect certain trade secrets; to prohibit disclosure of trade secrets; to provide for remedies; 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.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5643, entitled
A bill to regulate certain transfers of property to minors; to make uniform the law regulating certain transfers of property to minors; 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.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5647, entitled
A bill to amend 1988 PA 418, entitled "Uniform statutory rule against perpetuities," by amending section 2 (MCL 554.72).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5708, entitled
A bill to define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; 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.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5906, entitled
A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," (MCL 450.2101 to 450.3192) by adding section 501a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
Senate Bill No.887, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, International Trade and Regulatory Affairs reported
House Bill No.5327, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 2512, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114, 5115, 5116, 5117, 9103, 9104, 9105, 9106, 9304, and 9305 (MCL 440.1105, 440.2512, 440.5101, 440.5102, 440.5103, 440.5104, 440.5105, 440.5106, 440.5107, 440.5108, 440.5109, 440.5110, 440.5111, 440.5112, 440.5113, 440.5114, 440.5115, 440.5116, 440.5117, 440.9103, 440.9104, 440.9105, 440.9106, 440.9304, and 440.9305), section 1105 as amended by 1992 PA 101, sections 5114, 9103, 9304, and 9305 as amended by 1987 PA 16, and section 9105 as amended by 1988 PA 130.
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 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.5644, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 9203, and 9402 (MCL 440.1105, 440.9203, and 440.9402), section 1105 as amended by 1992 PA 101, section 9203 as amended by 1987 PA 16, and section 9402 as amended by 1989 PA 216; 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.
Bill Schuette
Chairperson
To Report Out:
Yeas: Senators Schuette, Shugars 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 Economic Development, International Trade and Regulatory Affairs submits the following:
Meeting held on Wednesday, November 18, 1998, at 1:15p.m., Room 210, Farnum Building
Present: Senators Schuette (C), Shugars and Peters
Excused: Senators Jaye and O'Brien
The Committee on Technology and Energy reported
Senate Bill No.1340, entitled
A bill to amend 1909 PA 106, entitled "An act to regulate the transmission of electricity through the public highways, streets and places of this state, where the source of supply and place of use are in the same or different counties; to regulate the charges to be made for electricity so transmitted; to regulate the rules and conditions of service under which said electricity shall be furnished and to confer upon the Michigan public utilities commission certain powers and duties in regard thereto," by amending sections 1 and 2 (MCL 460.551 and 460.552).
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.
Mat Dunaskiss
Chairperson
To Report Out:
Yeas: Senators Dunaskiss, Schuette and Berryman
Nays: Senators Rogers and Byrum
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Technology and Energy reported
Senate Bill No.1342, entitled
A bill to regulate the distribution of electricity in this state; to restructure the electric industry; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Mat Dunaskiss
Chairperson
To Report Out:
Yeas: Senators Dunaskiss, Schuette, Rogers, Berryman and Byrum
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Technology and Energy submits the following:
Meeting held on Monday, November 23, 1998, at 2:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators Dunaskiss (C), Schuette, Rogers, Berryman and Byrum
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submits the following:
Meeting held on Thursday, November 12, 1998, at 9:00a.m., Room 402 and 403, Capitol Building
Present: Senators North (C), Schwarz, VanRegenmorter, Dingell and Byrum
COMMITTEE ATTENDANCE REPORT
The Trial Court Assessment Commission submits the following:
Meeting held on Thursday, November 12, 1998, at 10:00a.m., 8th Floor Conference Room, Farnum Building
Absent: Senators VanRegenmorter and Dingell
COMMITTEE ATTENDANCE REPORT
The Committee on Human Resources, Labor and Veterans Affairs submits the following:
Meeting held on Thursday, November 12, 1998, at 1:05p.m., Room 210, Farnum Building
Present: Senators Rogers (C), Steil, Stille and DeBeaussaert
Excused: Senator O'Brien
COMMITTEE ATTENDANCE REPORT
The Trial Court Assessment Commission submits the following:
Meeting held on Friday, November 13, 1998, at 9:00a.m., 8th Floor Conference Room, Farnum Building
Absent: Senators VanRegenmorter and Dingell
COMMITTEE ATTENDANCE REPORT
The Committee on Technology and Energy submits the following:
Meeting held on Wednesday, November 18, 1998, at 3:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators Dunaskiss (C), Schuette, Rogers, Berryman and Byrum
Scheduled Meetings
Administrative Rules Joint Committee - Wednesday, December 9, at 8:30a.m., Rooms 402 and 403, Capitol Building (3-2413).
Capital Outlay Joint Subcommittee - Thursday, December 3, at 8:45a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).
Conference Committee on House Bill No.4738 - Wednesday, December 2, at 1:30p.m., Room 427, Capitol Building (3-7946).
Conference Committee on House Bill No.4740 - Wednesday, December 2, at 1:30p.m., Room 427, Capitol Building (3-7946).
Legislative Retirement Board of Trustees - Wednesday, December 9, at 12:00 Noon, Elijah Myers Room, 2nd Floor, Capitol Building (3-1725).
Michigan Trial Court Assessment Commission - Thursday, December 3, at 9:00a.m., 3rd Floor Conference Room, Michigan National Tower and Friday, December 11, at 9:00a.m., 8th Floor Conference Room, Farnum Building (3-7000).
Scheduled Meeting Changed
Human Resources, Labor and Veterans Affairs Committee - Wednesday, December 2, at 1:00p.m., Room 110, Farnum Building (3-2420).
Senator DeGrow moved that the Senate adjourn.
The motion prevailed, the time being 4:50p.m.
The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Wednesday, December 2, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.