No. 71
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Tuesday, November 28, 2000.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Dick Posthumus.
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
Bennett--present | Hammerstrom--present | Rogers--present |
Bullard--present | Hart--present | Schuette--present |
Byrum--present | Hoffman--present | Schwarz--present |
Cherry--present | Jaye--present | Shugars--present |
DeBeaussaert--present | Johnson--present | Sikkema--present |
DeGrow--present | Koivisto--present | A. Smith--present |
Dingell--present | Leland--present | V. Smith--excused |
Dunaskiss--present | McCotter--present | Steil--present |
Emerson--present | McManus--present | Stille--present |
Emmons--present | Miller--present | Van Regenmorter--present |
Gast--present | Murphy--present | Vaughn--excused |
Goschka--present | North--present | Young--present |
Gougeon--present Peters--present
Senator George Z. Hart of the 6th District offered the following invocation:
O Lord, we ask that You lift up our souls. Your ways, O Lord, make known to us. Teach us Your paths, guide us in Your truth, and teach us, for You are God, our Savior, and for You, we wait all the day. Bring good health to each of us and our families. Where there is doubt, bring faith; where there is sadness, bring joy. For in loving You, there is peace. For this we pray. Amen.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:03 a.m.
11:14 a.m.
The Senate was called to order by the President, Lieutenant Governor Posthumus.
During the recess, Senators Schwarz, Young, A. Smith, McCotter, Van Regenmorter, Murphy, Emmons, Gast, DeGrow, Gougeon, Hammerstrom, Stille, Bennett, Johnson, McManus, Steil, Goschka, Bullard, Schuette, Shugars, North and Dunaskiss entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
Senator Rogers moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1400
Senate Bill No. 1426
Senate Bill No. 1395
Senate Bill No. 1397
Senate Bill No. 1398
Senate Bill No. 1399
Senate Bill No. 1401
Senate Bill No. 1432
Senate Bill No. 1433
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, November 14:
House Bill Nos. 5036 5037 5039 5907 5908 5909 6015
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, November 28:
House Bill Nos. 5940 5952
The Secretary announced the enrollment printing and presentation to the Governor on Monday, November 20, for his approval the following bills:
Enrolled Senate Bill No. 1142 at 12:42 p.m.
Enrolled Senate Bill No. 1141 at 12:44 p.m.
Enrolled Senate Bill No. 1145 at 12:46 p.m.
Enrolled Senate Bill No. 1146 at 12:48 p.m.
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, November 21, for his approval the following bills:
Enrolled Senate Bill No. 734 at 11:39 a.m.
Enrolled Senate Bill No. 773 at 11:41 a.m.
The Secretary announced the printing and placement in the members' files on Tuesday, November 14, of:
Senate Bill Nos. | 1424 | 1425 | 1426 | 1427 | 1428 | 1429 | 1430 | 1431 | 1432 | |||||
House Bill Nos. | 6082 | 6083 | 6084 | 6085 | 6086 | 6087 | 6088 | 6089 | 6090 | 6091 | 6092 | 6093 | 6094 | 6095 |
6096 | 6097 | 6098 | 6099 | 6100 | 6101 | 6102 | 6103 | 6104 | 6105 | 6106 | 6107 | 6108 | 6109 | |
6110 | 6111 | 6112 | 6113 | 6114 | 6115 | 6116 | 6117 | 6118 | 6119 | 6120 | 6121 | 6122 | 6123 | |
6124 | 6125 | 6126 | 6127 | 6128 | 6129 | 6130 | 6131 | 6132 | 6133 | 6134 | 6135 | 6136 |
The Secretary announced the printing and placement in the members' files on Wednesday, November 15, of:
Senate Bill No. 1433
House Bill Nos. 6137 6138 6139 6140 6141 6142 6143 6144 6145 6146 6147
Messages from the Governor
The following messages from the Governor were received and read:
November 20, 2000
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:
Board of Barber Examiners
Mr. Max J. Plante, 36445 Front Street, New Baltimore, Michigan 48047, county of Macomb, as a member representing the general public, succeeding himself, for a term expiring on September 30, 2004.
Mr. Jarvis Beene, Sr., 216 Warren SE, Grand Rapids, Michigan, county of Kent, as a member representing licensed barbers, succeeding Mr. Forrest F. Green, Jr. of Detroit, whose term has expired, for a term expiring on September 30, 2004.
November 20, 2000
There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:
Michigan Soybean Committee
Mr. Curt A. Albright, 968 Flint Road, Coldwater, Michigan 49036, county of Branch, as a member representing growers from District 7, succeeding himself, for a term expiring on September 23, 2003.
Mr. Thomas E. Blanchett, Jr., 2130 Ida-Maybee Road, Monroe, Michigan 48162, county of Monroe, as a member representing growers from District 4, succeeding himself, for a term expiring on September 23, 2003.
Mr. James B. Domagalski, 9700 Dolan Road, Columbus, Michigan 48063, county of Out of State, as a member representing growers from District 2, succeeding himself, for a term expiring on September 23, 2003.
Sincerely,
John Engler
Governor
The appointments were referred to the Committee on Government Operations.
The following message from the Governor was received and read:
HEALTH CARE BENEFITS; TIMELY PAYMENTS
October 23, 2000
Today I have vetoed and am returning to you herewith, Enrolled Senate Bill 696.
Enrolled Senate Bill 696 is based solely on language in Senate Bill 694, which is currently pending before the House of Representatives. Given the importance of this issue, I do not intend to make any decisions on this policy without all proposed changes on my desk at the same time.
Sincerely,
John Engler
Governor
This bill was returned from the Governor on October 23, 2000, at 11:25 a.m.
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Senator Rogers moved that the veto message be referred to the Committee on Health Policy.
The motion prevailed.
Senator Emerson moved that Senators V. Smith and Vaughn be excused from today's session.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Rogers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Posthumus, designated Senator Hammerstrom as Chairperson.
Recess
Senator Rogers moved that the Committee of the Whole recess until 1:30 p.m.
The motion prevailed, the time being 11:27 a.m.
The Committee of the Whole reconvened at the expiration of the recess and was called to order by the Chairperson, Senator Hammerstrom.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 1379, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending sections 2, 3, 4, 10, and 12 (MCL 124.502, 124.503, 124.504, 124.510, and 124.512), section 2 as amended by 1995 PA 108 and section 10 as amended by 1985 PA 10.
Senate Bill No. 1381, entitled
A bill to create the office of protocol in the executive branch; to provide for the appointment and term of certain state officers; to create certain commissions; and to prescribe certain duties and responsibilities for certain state officers and commissions.
Senate Bill No. 1400, entitled
A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending the title and sections 1, 2, 3, 5, 6, 8, and 19 (MCL 446.201, 446.202, 446.203, 446.205, 446.206, 446.208, and 446.219), section 5 as amended by 1998 PA 233.
Senate Bill No. 1433, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 834 (MCL 500.834), as amended by 1995 PA 274.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5548, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17015 (MCL 333.17015), as added by 1993 PA 133.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 27, after "2835(6)," by inserting "AND SHALL CONSIDER STUDIES CONCERNING COMPLICATIONS THAT HAVE BEEN PUBLISHED IN A PEER REVIEW MEDICAL JOURNAL, WITH PARTICULAR ATTENTION PAID TO THE DESIGN OF THE STUDY,".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1380, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35b.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1426, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1395, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 2 and 3 of chapter X (MCL 770.2 and 770.3), as amended by 1998 PA 407, and by adding section 16 to chapter X.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1397, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625a (MCL 257.625a), as amended by 1998 PA 351.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1398, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 451 (MCL 750.451).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1399, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 60 (MCL 49.160).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
Senate Bill No. 1401, entitled
A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending the title and sections 1, 3, and 5 (MCL 801.261, 801.263, and 801.265), section 1 as amended by 1985 PA 46 and section 5 as amended by 1999 PA 28.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 1, line 4, after "substances" by inserting "OR CERTAIN OTHER DRUGS".
2. Amend page 2, following line 15, by inserting:
"(C) "GBL" MEANS GAMMA-BUTYROLACTONE OR ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION CONTAINING GAMMA-BUTYROLACTONE." and relettering the remaining subdivisions.
3. Amend page 3, line 3, after "substance" by inserting "OR GBL".
4. Amend page 3, line 4, after "substance" by inserting "OR GBL".
5. Amend page 3, line 7, after "substance" by inserting "OR GBL".
6. Amend page 3, line 18, after "substance" by inserting "OR GBL".
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1432, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1293, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 5h (MCL 117.5h), as amended by 1994 PA 313.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 6, line 14, by striking out all of subsection (2) and inserting:
"(2) THIS STATE HAS AN INTEREST IN ANY COURT PROCEEDING IN WHICH A PLAINTIFF CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY THAT IS ADOPTED BY A CITY UNDER THIS SECTION. A PLAINTIFF WHO CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY SHALL SERVE NOTICE OF THE PROCEEDING ON THE ATTORNEY GENERAL, WHO SHALL INTERVENE IN THE PROCEEDING ON BEHALF OF THIS STATE. THIS SUBSECTION DOES NOT EXPAND, RESTRICT, OR OTHERWISE ALTER THE IMMUNITY FROM LIABILITY GRANTED BY LAW TO A CITY OR THIS STATE.".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1295, entitled
A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 1 (MCL 41.181), as amended by 1999 PA 257, and by adding section 1a.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 16, by striking out all of section 1A and inserting:
"SEC. 1A. THIS STATE HAS AN INTEREST IN ANY COURT PROCEEDING IN WHICH A PLAINTIFF CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY THAT IS ADOPTED BY A TOWNSHIP UNDER THIS SECTION. A PLAINTIFF WHO CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY SHALL SERVE NOTICE OF THE PROCEEDING ON THE ATTORNEY GENERAL, WHO SHALL INTERVENE IN THE PROCEEDING ON BEHALF OF THIS STATE. THIS SECTION DOES NOT EXPAND, RESTRICT, OR OTHERWISE ALTER THE IMMUNITY FROM LIABILITY GRANTED BY LAW TO A TOWNSHIP OR THIS STATE.".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1296, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," (MCL 78.1 to 78.28) by adding section 24d.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 24, by striking out all of subsection (2) and inserting:
"(2) THIS STATE HAS AN INTEREST IN ANY COURT PROCEEDING IN WHICH A PLAINTIFF CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY THAT IS ADOPTED BY A VILLAGE UNDER THIS SECTION. A PLAINTIFF WHO CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY SHALL SERVE NOTICE OF THE PROCEEDING ON THE ATTORNEY GENERAL, WHO SHALL INTERVENE IN THE PROCEEDING ON BEHALF OF THIS STATE. THIS SUBSECTION DOES NOT EXPAND, RESTRICT, OR OTHERWISE ALTER THE IMMUNITY FROM LIABILITY GRANTED BY LAW TO A VILLAGE OR THIS STATE.".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1297, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 1 of chapter VII (MCL 67.1), as amended by 1994 PA 314, and by adding section 1b to chapter VII.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 16, by striking out all of section 1B and inserting:
"SEC. 1B. THIS STATE HAS AN INTEREST IN ANY COURT PROCEEDING IN WHICH A PLAINTIFF CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY THAT IS ADOPTED BY A VILLAGE UNDER THIS SECTION. A PLAINTIFF WHO CHALLENGES AN ORDINANCE REGULATING OR PROHIBITING PUBLIC NUDITY SHALL SERVE NOTICE OF THE PROCEEDING ON THE ATTORNEY GENERAL, WHO SHALL INTERVENE IN THE PROCEEDING ON BEHALF OF THIS STATE. THIS SECTION DOES NOT EXPAND, RESTRICT, OR OTHERWISE ALTER THE IMMUNITY FROM LIABILITY GRANTED BY LAW TO A VILLAGE OR THIS STATE.".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4327, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 6, and 7 (MCL 722.671, 722.676, and 722.677), sections 6 and 7 as amended by 1999 PA 33.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5133, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5208.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 1, after "SEC. 5208." by inserting "(1) A LOCAL UNIT OF GOVERNMENT MAY ADOPT AN ORDINANCE OR BUILDING CODE WHICH REGULATES THE INTERIOR STRUCTURE OF AN ADULT ENTERTAINMENT ESTABLISHMENT, AS DESCRIBED IN THIS SECTION." and renumbering the remaining subsections.
2. Amend page 2, line 18, by striking out all of lines 18 and 19 and relettering the remaining subdivisions.
3. Amend page 2, following line 25, by inserting:
"(v) SEXUAL CONTACT BETWEEN EMPLOYEES AND PATRONS, INDEPENDENT CONTRACTORS AND PATRONS, OR BETWEEN PATRONS IF THAT SEXUAL CONTACT HAS A REASONABLE LIKELIHOOD OF SPREADING A SEXUALLY TRANSMITTED DISEASE.".
4. Amend page 3, line 1, by inserting:
"(E) "LOCAL UNIT OF GOVERNMENT" MEANS A CITY, VILLAGE, OR TOWNSHIP AS DEFINED BY THE HOME RULE CITY ACT, 1909 PA 279, MCL 117.1 TO 117.38; 1945 PA 246, MCL 41.181 TO 41.187; THE HOME RULE VILLAGE ACT, 1909 PA 278, MCL 78.1 TO 78.28; OR THE GENERAL LAW VILLAGE ACT, 1895 PA 3, MCL 61.1 TO 74.25." and relettering the remaining subdivision.
5. Amend page 3, line 10, after "(2)" by inserting "A LOCAL UNIT OF GOVERNMENT MAY ADOPT AN ORDINANCE STATING THAT".
6. Amend page 3, line 14, after "(3)" by inserting "A LOCAL UNIT OF GOVERNMENT MAY ADOPT AN ORDINANCE STATING THAT".
7. Amend page 5, line 7, by striking out all of subsections (4) through (8), and inserting:
"(5) A LOCAL HEALTH OFFICER MAY DECLARE AN IMMINENT DANGER, AS DETERMINED BY SECTION 2451, IF THE LOCAL HEALTH OFFICER DETERMINES THAT HIGH RISK SEXUAL CONDUCT IS OCCURRING IN AN ADULT ENTERTAINMENT ESTABLISHMENT.
(6) A LOCAL HEALTH OFFICER WHO MAKES A DETERMINATION UNDER SUBSECTION (5), SHALL IMMEDIATELY INFORM THE INDIVIDUALS AFFECTED BY THE IMMINENT DANGER AND ISSUE AN ORDER WHICH SHALL BE DELIVERED TO A PERSON AUTHORIZED TO AVOID, CORRECT, OR REMOVE THE IMMINENT DANGER OR BE POSTED AT OR NEAR THE IMMINENT DANGER. THE ORDER SHALL INCORPORATE THE FINDINGS OF THE LOCAL HEALTH DEPARTMENT AND REQUIRE IMMEDIATE ACTION NECESSARY TO AVOID, CORRECT, OR REMOVE THE IMMINENT DANGER. THE ORDER MAY SPECIFY ACTION TO BE TAKEN OR PROHIBIT THE PRESENCE OF INDIVIDUALS IN LOCATIONS OR UNDER CONDITIONS WHERE THE IMMINENT DANGER EXISTS, EXCEPT INDIVIDUALS WHOSE PRESENCE IS NECESSARY TO AVOID, CORRECT, OR REMOVE THE IMMINENT DANGER.
(7) UPON THE FAILURE OF A PERSON TO COMPLY PROMPTLY WITH AN ORDER ISSUED UNDER THIS SECTION, THE LOCAL HEALTH DEPARTMENT MAY PETITION A CIRCUIT OR DISTRICT COURT HAVING JURISDICTION TO RESTRAIN A CONDITION OR PRACTICE WHICH THE LOCAL HEALTH OFFICER DETERMINES CAUSES THE IMMINENT DANGER OR TO REQUIRE ACTION TO AVOID, CORRECT, OR REMOVE THE IMMINENT DANGER." and renumbering the remaining subsection.
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5134, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3805 (MCL 600.3805).
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5569, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 1999 PA 39.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 795, entitled
A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 1996 PA 499.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 12, after "employed" by striking out the balance of the line through "processing" on line 14.
2. Amend page 2, line 26, after "The" by striking out "agricultural processing".
3. Amend page 3, line 3, by striking out all of subsection (4).
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1418, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109g.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers moved that rule 2.106 be suspended to allow the Committee on Natural Resources and Environmental Affairs to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Rogers moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schwarz, designated Senator Hammerstrom as Chairperson.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1419, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109f.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Rogers 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. 1426
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Rogers moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 1403
Senate Bill No. 1426
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 1403, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 44501, 44502, 44503, 44504, 44507, 44508, 44509, 44511, 44512, 44513, 44517, 44520, 44521, 44522, and 44526 (MCL 324.44501, 324.44502, 324.44503, 324.44504, 324.44507, 324.44508, 324.44509, 324.44511, 324.44512, 324.44513, 324.44517, 324.44520, 324.44521, 324.44522, and 324.44526), sections 44501, 44502, 44503, 44504, 44507, 44508, 44509, 44511, 44512, 44513, 44517, 44520, 44521, and 44526 as added by 1995 PA 57 and section 44522 as amended by 1998 PA 262.
The question being on the passage of the bill,
Senators Hoffman and DeBeaussaert offered the following amendments:
1. Amend page 7, line 14, after "department" by striking out "MAY" and inserting "shall".
2. Amend page 7, line 17, after "and" by striking out "MAY" and inserting "shall".
3. Amend page 7, line 18, after "include" by striking out "ANY" and inserting "all".
The amendments were 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. 695 Yeas--36
Bennett | Emmons | Koivisto | Schuette |
Bullard | Gast | Leland | Schwarz |
Byrum | Goschka | McCotter | Shugars |
Cherry | Gougeon | McManus | Sikkema |
DeBeaussaert | Hammerstrom | Miller | Smith, A. |
DeGrow | Hart | Murphy | Steil |
Dingell | Hoffman | North | Stille |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Nays--0
Excused--2
Smith, V. Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1426, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).
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. 696 Yeas--36
Bennett | Emmons | Koivisto | Schuette |
Bullard | Gast | Leland | Schwarz |
Byrum | Goschka | McCotter | Shugars |
Cherry | Gougeon | McManus | Sikkema |
DeBeaussaert | Hammerstrom | Miller | Smith, A. |
DeGrow | Hart | Murphy | Steil |
Dingell | Hoffman | North | Stille |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Nays--0
Excused--2
Smith, V. Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 1382, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.
The above bill was read a third time.
The question being on the passage of the bill,
Senator A. Smith offered the following amendment:
1. Amend page 11, line 11, after "CODE" by inserting "EXCEPT AN ORGANIZATION THAT IS CONTROLLED BY A POLITICAL PARTY, AN ELECTED OFFICIAL OR A CANDIDATE FOR AN ELECTIVE OFFICE".
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. 697 Yeas--36
Bennett | Emmons | Koivisto | Schuette |
Bullard | Gast | Leland | Schwarz |
Byrum | Goschka | McCotter | Shugars |
Cherry | Gougeon | McManus | Sikkema |
DeBeaussaert | Hammerstrom | Miller | Smith, A. |
DeGrow | Hart | Murphy | Steil |
Dingell | Hoffman | North | Stille |
Dunaskiss | Jaye | Peters | Van Regenmorter |
Emerson | Johnson | Rogers | Young |
Nays--0
Excused--2
Smith, V. Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Senators Shugars, Jaye, Gougeon, Sikkema, Dunaskiss, Steil, Stille, Goschka, Johnson, McManus, McCotter, North, Bennett, Schuette, Byrum, Young, Schwarz and Hoffman moved that they be named co-sponsors of the following bill:
Senate Bill No. 1382
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
House Concurrent Resolution No. 122
The resolution consent calendar was adopted by a unanimous standing vote of the Senate.
House Concurrent Resolution No. 122.
A concurrent resolution offered as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives.
Whereas, With the recent passing of Mr. Robert Waldron, the people of this state have lost a gentleman of unshakable commitment to our republic and the ideals of liberty. His energy, intellect, and integrity enriched our state in many ways. These gifts were reflected in his achievements in law, the political arena, and business; and
Whereas, Robert Waldron's lifelong passion for our nation's freedoms and fundamentals of self-rule was strengthened in the four years he served in the European Theater of Operations in the United States Army Air Corps during World War II. This experience ignited a fire for public life that was never extinguished; and
Whereas, A graduate of Dartmouth College, Robert Waldron earned his law degree at the University of Michigan. He became known as a true scholar of the law. His devotion to service and concern with how our society adapts to change through its political institutions led to his 1954 election to the Michigan House of Representatives from the Grosse Pointe area. His sixteen years of work as a lawmaker constituted an era of landmark changes in Michigan. In addition to the boom of the postwar era, Michigan implemented a new constitution and greatly revamped state government. Robert Waldron was at the heart of debates and policy decisions that shaped the Michigan we know today; and
Whereas, Robert Waldron's knowledge and personal integrity led to his election as the Speaker of the House in 1967-68. His tenure in this post was among the more memorable in the state's history. This was a direct reflection of the respect Speaker Waldron commanded from both sides of the aisle of the evenly divided membership; and
Whereas, Even after leaving the legislature and becoming the director of the Associated Petroleum Industries of Michigan, Mr. Waldron continued to speak out on issues. Indeed, his legacy of service will likewise long benefit our state; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we offer this expression of tribute as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to the Waldron family as evidence of our sincerest condolences.
The House of Representatives has adopted the concurrent resolution.
Senators Emmons and Young were named co-sponsors of the concurrent resolution.
House Concurrent Resolution No. 114.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Regional Technology Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Charles Stewart Mott Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and
serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Charles Stewart Mott Community College Regional Technology Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Charles Stewart Mott Community College Regional Technology Center shall not exceed $33,439,000 (the Authority share is $16,719,400, the State General Fund/General Purpose share is $100, and the Educational Institution share is $16,719,500), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $16,719,400, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,725,000 and $3,095,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Charles Stewart Mott Community College and the State Budget Director.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Rogers moved that further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
House Concurrent Resolution No. 115.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase II).
Whereas, 1996 PA 480 established the Northern Michigan University West Science Building Remodeling project at a total authorized project cost of $46,935,000 (the Authority share is $35,201,100, the State General Fund/General Purpose share is $100, and the Educational Institution share is $11,733,800). This project is comprised of two components, the construction of a new science building (the "Phase I") and the renovation of the existing science building (the "Phase II"); and
Whereas, The estimated project costs for Phase I and Phase II are $27,527,039 and $19,407,961, respectively, which in the aggregate is equal to the total project cost of $46,935,000 for the Northern Michigan University West Science Building Remodeling; and
Whereas, The portions of Phase I and Phase II to be financed by the State Building Authority (the "Authority") shall be $20,645,179 and $14,555,921, respectively, which in the aggregate is equal to the share of the total authorized cost to be financed by the Authority; and
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Northern Michigan University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority; and
Whereas, The site for Phase II is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for Phase II is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of Phase II by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the total cost for Phase II of the Northern Michigan University West Science Building shall not exceed $19,407,961 (the Authority share is $14,555,921 and the Educational Institution share is $4,852,040), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of Phase II, if any, of which not more than $14,555,921, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of Phase II, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring Phase II and leasing it to the State and the Educational Institution and hereby determines that the leasing of Phase II from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for Phase II shall be within or below the range of $1,435,000 and $2,525,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Northern Michigan University, and the State Budget Director.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Rogers moved that further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
House Concurrent Resolution No. 117.
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 Corrections Camp Pugsley Additional Housing Units.
Whereas, 1998 PA 273 established the Department of Corrections Camp Pugsley Additional Housing Units facility (the "Facility") at a Total Facility Cost of $28,000,000, of which the State Building Authority (the "Authority") share is $27,720,000 and the State General Fund/General Purpose share is $280,000; and
Whereas, 2000 PA 291 decreased the Authority's share of the Facility by $1,100,000, establishing a Total Facility Cost of $26,900,000, of which the Authority's share is now $26,620,000 and the State General Fund/General Purpose share remains $280,000; and
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority; and
Whereas, The site for Camp Pugsley Additional Housing Units located in Grand Traverse County (the "Facility") is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Camp Pugsley Additional Housing Units facility shall not exceed $26,900,000 (the Authority share not to exceed $26,620,000 and the State General Fund/General Purpose share shall not exceed $280,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $26,620,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,065,000 and $3,560,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Rogers moved that further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
House Concurrent Resolution No. 118.
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 Corrections Multilevel Correctional Facility at Ionia.
Whereas, 1998 PA 273 established the Department of Corrections Multilevel Correctional Facility at Ionia (the "Facility") at a Total Facility Cost of $70,000,000, of which the State Building Authority (the "Authority") share is $32,999,900, the State General Fund/General Purpose share is $100, and the Federal Restricted Funds share is $37,000,000; and
Whereas, 1998 PA 538 increased the Total Facility Cost to $82,000,000, with the State Building Authority share remaining at $32,999,900, the Federal Restricted Funds share increased to $49,000,000 and the State General Fund/General Purpose share remaining at $100; and
Whereas, 1999 PA 137 decreased the Total Facility Cost to $80,500,000, with the State Building Authority share at $31,499,900, the Federal Restricted Funds share remaining at $49,000,000 and the State General Fund/General Purpose remaining at $100; and
Whereas, 1999 PA 265 maintained the same Total Facility Cost of $80,500,000, but increased the State Building Authority share to $33,479,900 and decreased the Federal Restricted Funds share to $47,020,000. The State General Fund/General Purpose remains at $100; and
Whereas, 2000 PA 291 increased the Authority's share of the Facility by $1,100,000 and decreased the Federal Restricted Funds share by $1,100,000, establishing a Total Facility Cost of $80,500,000, of which the Authority's share is now $34,579,900, the State General Fund/General Purpose share remains $100 and the Federal Restricted Funds share is now $45,920,000; and
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the Authority; and
Whereas, The site of the Multilevel Correctional Facility at Ionia located in Ionia County is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Multilevel Correctional Facility at Ionia shall not exceed $80,500,000 (the Authority share shall not exceed $34,579,900, the State General Fund/General Purpose share shall not exceed $100, and the Federal Restricted Funds share shall not exceed $45,920,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $34,579,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $3,310,000 and $5,705,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Rogers moved that further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
House Concurrent Resolution No. 121.
A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.
Whereas, The Wayne State University--Pharmacy Building project was authorized with a total cost of $64,300,000 in 1996 PA 480; and
Whereas, Wayne State University has estimated that the total cost to complete the Pharmacy Building has increased to $66,600,000; and
Whereas, Wayne State University has agreed to fund the increase in the project cost of $2,300,000 from National Institutes of Health grant funds and internal University resources, with the State Building Authority commitment remaining at $48,224,900; and
Whereas, Pursuant to section 246 of 1984 PA 431, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total cost for the Wayne State University Pharmacy Building to an amount not to exceed $66,600,000 (State Building Authority share $48,224,900; State General Fund/General Purpose share $100; and Wayne State University share $18,375,000) and that the Legislature intends to continue to appropriate funds for construction subject to the limitations stated herein, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Wayne State University.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Rogers moved that further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Statements
Senator Dingell asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Dingell's statement is as follows:
I rise to both applaud some suggestions of the Michigan Secretary of State for ways to improve the way we cast ballots in Michigan and also to add some ideas of mine. I got a suggestion in my e-mail a few days ago from a constituent who suggested that at polling places where punch cards are used as a vehicle for someone to vote that some means of a person both verifying their ballot had not been spoiled, as well as verifying to the person for whom the ballot had been cast would be a useful improvement.
Today I am writing to the Secretary of State to ask that she come up with not just a uniform system for Michigan citizens to vote, but also some means by which Michigan citizens can verify in a uniform fashion that their ballot was not spoiled and also for whom their ballot had been cast. I think this would be an enormous improvement for the citizens of Michigan.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senator Schuette introduced
Senate Bill No. 1434, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1523.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Bullard introduced
Senate Bill No. 1435, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82103, 82105, 82106, and 82116 (MCL 324.82103, 324.82105, 324.82106, and 324.82116), sections 82105 and 82106 as amended by 1998 PA 297, and by adding sections 82103a, 82103b, 82103c, 82103d, 82103e, 82103f, 82103g, 82103h, 82103i, 82103j, 82103k, 82103l, and 82116a.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
House Bill No. 5036, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 9, 11a, and 40 (MCL 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570, and by adding section 3a.
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 Local, Urban and State Affairs.
House Bill No. 5037, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 9, 11a, and 40 (MCL 125.209, 125.211a, and 125.240), section 40 as added by 1996 PA 569, and by adding section 3a.
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 Local, Urban and State Affairs.
House Bill No. 5039, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1066 (MCL 380.1066), as amended by 1995 PA 289.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 5907, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 102 and 103 (MCL 487.3102 and 487.3103).
The House of Representatives has passed the bill by 2/3 vote and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
House Bill No. 5908, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 209, 210, 213, and 214 (MCL 487.3209, 487.3210, 487.3213, and 487.3214).
The House of Representatives has passed the bill by 2/3 vote and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
House Bill No. 5909, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 303, 307, 313, 314, 316, 317, 321, 322, 324, 325, 326, 327, 328, 334, 335, 336, 401, 409, 412, 413, 417, 422, 428, 430, 432, 501, 508, 701, 703, 705, 706, 708, 709, 710, 711, 712, 713, 715, and 804 (MCL 487.3303, 487.3307, 487.3313, 487.3314, 487.3316, 487.3317, 487.3321, 487.3322, 487.3324, 487.3325, 487.3326, 487.3327, 487.3328, 487.3334, 487.3335, 487.3336, 487.3401, 487.3409, 487.3412, 487.3413, 487.3417, 487.3422, 487.3428, 487.3430, 487.3432, 487.3501, 487.3508, 487.3701, 487.3703, 487.3705, 487.3706, 487.3708, 487.3709, 487.3710, 487.3711, 487.3712, 487.3713, 487.3715, and 487.3804), section 401 as amended by 1996 PA 422, section 422 as amended by 2000 PA 63, and section 508 as amended by 1997 PA 50, and by adding sections 330a, 711a, and 712a; and to repeal acts and parts of acts.
The House of Representatives has passed the bill by 2/3 vote and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
House Bill No. 5940, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 18 (MCL 224.18), as amended by 1996 PA 218.
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 Transportation and Tourism.
House Bill No. 5952, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 3 (MCL 46.3), as amended by 1998 PA 97.
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. 6015, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 279.
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.
Committee Reports
The Committee on Economic Development, International Trade and Regulatory Affairs reported
Senate Bill No. 1400, entitled
A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending the title and sections 1, 2, 3, 5, 6, 8, and 19 (MCL 446.201, 446.202, 446.203, 446.205, 446.206, 446.208, and 446.219), section 5 as amended by 1998 PA 233.
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, McCotter, Steil, Leland and Peters
Nays: None
The bill was 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 Tuesday, November 14, 2000, at 11:25 a.m., Room 110, Farnum Building
Present: Senators Schuette (C), McCotter, Steil, Leland and Peters
The Committee on Financial Services reported
House Bill No. 5228, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, 9708, and 9709; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Dunaskiss, Shugars and Leland
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5402, entitled
A bill to amend 1974 PA 370, entitled "Vietnam veteran era bonus act," by amending section 17 (MCL 35.1037).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5403, entitled
A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," by amending section 14 (MCL 141.114).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5404, entitled
A bill to amend 1983 PA 102, entitled "Uniform federal lien registration act," by amending section 5 (MCL 211.665), as amended by 1991 PA 132.
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5405, entitled
A bill to amend 1968 PA 203, entitled "State tax lien registration act," by amending section 4 (MCL 211.684), as amended by 1989 PA 47.
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5406, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 58b (MCL 257.58b).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5407, entitled
A bill to amend 1978 PA 387, entitled "An act to make appropriations to the department of state; to prescribe the powers and duties of the department of state and the state treasurer; to provide for loans to persons who own certain vehicles for the cost of their alteration or replacement; and to provide an interest rate for repayment of those loans," by amending section 4 (MCL 257.934).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5408, entitled
A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1998 PA 388.
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5409, entitled
A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 11 (MCL 390.931).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5410, entitled
A bill to amend 1976 PA 289, entitled "An act to implement, clarify, and confirm the constitutional powers of the bodies corporate controlling those institutions of higher education named in sections 4, 5, and 6 of article 8 of the state constitution of 1963, or established by law as therein provided, regarding the establishment and financing of student loan programs," by amending section 5 (MCL 390.1355).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5411, entitled
A bill to amend 1984 PA 341, entitled "Farm and utility equipment act," by amending section 9 (MCL 445.1459), as amended by 1995 PA 86.
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5412, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 471 (MCL 450.1471).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5413, entitled
A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 471 (MCL 450.2471).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5414, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 501 (MCL 487.3501).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5415, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 420 (MCL 491.420).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5416, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 14 (MCL 492.114).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5417, entitled
A bill to amend 1998 PA 434, entitled "Uniform fraudulent transfer act," by amending section 8 (MCL 566.38).
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Financial Services reports
House Bill No. 5758, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as amended by 2000 PA 279.
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, Dunaskiss, Shugars and Leland
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Financial Services submits the following:
Meeting held on Monday, November 13, 2000, at 12:00 noon, Room 100, Farnum Building
Present: Senators Bullard (C), Dunaskiss, Shugars and Leland
Excused: Senators Emmons and Miller
The Committee on Health Policy reported
Senate Bill No. 1426, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Hammerstrom, Schwarz and Byrum
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5958, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402c (MCL 550.1402c), as added by 1999 PA 228.
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Hammerstrom, Schwarz and Byrum
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 5959, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212b (MCL 500.2212b), as added by 1999 PA 230.
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Hammerstrom, Schwarz 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 Health Policy submits the following:
Meeting held on Tuesday, November 14, 2000, at 3:00 p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Hammerstrom, Schwarz and Byrum
Excused: Senator Murphy
The Committee on Judiciary reported
Senate Bill No. 1395, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 2 and 3 of chapter X (MCL 770.2 and 770.3), as amended by 1998 PA 407, and by adding section 16 to chapter X.
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 Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, 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. 1397, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625a (MCL 257.625a), as amended by 1998 PA 351.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, 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. 1398, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 451 (MCL 750.451).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, 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. 1399, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 60 (MCL 49.160).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, 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. 1401, entitled
A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending the title and sections 1, 3, and 5 (MCL 801.261, 801.263, and 801.265), section 1 as amended by 1985 PA 46 and section 5 as amended by 1999 PA 28.
With the recommendation that the bill pass.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Peters and V. Smith
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submits the following:
Meeting held on Tuesday, November 14, 2000, at 1:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Van Regenmorter (C), McCotter, Bullard, Rogers, Peters and V. Smith
Excused: Senator Dingell
The Committee on Financial Services reported
Senate Bill No. 1432, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Dunaskiss, Miller and Leland
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Financial Services reported
Senate Bill No. 1433, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 834 (MCL 500.834), as amended by 1995 PA 274.
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, Dunaskiss, Miller and Leland
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Financial Services submits the following:
Meeting held on Monday, November 27, 2000, at 4:00 p.m., Room 100, Farnum Building
Present: Senators Bullard (C), Emmons, Dunaskiss, Miller and Leland
Absent: Senator Shugars
Scheduled Meetings
Appropriations -
Subcommittee -
Capital Outlay - Thursday, November 30, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Banking and Financial Institutions - Thursday, November 30, 2:00 p.m., Room 110, Farnum Building (373-1801)
Economic Development, International Trade and Regulatory Affairs - Recessed until Wednesday, November 29, immediately following session, Room 110, Farnum Building (373-7946)
Education - Wednesday, November 29, 3:00 p.m., Room 110, Farnum Building (373-7350)
Families, Mental Health and Human Services - Wednesday, November 29, 3:00 p.m., Room 100, Farnum Building (373-3543)
Human Resources, Labor, Senior Citizens and Veterans Affairs - Thursday, November 30, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2417)
Judiciary - Wednesday, November 29, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-6920)
Legislative Retirement Board of Trustees - Wednesday, December 6, 3:00 p.m., Room H65, Capitol Building (373-0575)
Local, Urban and State Affairs - Wednesday, November 29, 3:00 p.m., Room 405, Capitol Building (373-1707)
Natural Resources and Environmental Affairs - Monday, December 4, 10:00 a.m., 8th Floor Conference Room, Farnum Building (373-0797)
Transportation and Tourism - Wednesday, November 29, 9:00 a.m., Room 110, Farnum Building (373-1758)
Senator Rogers moved that the Senate adjourn.
The motion prevailed, the time being 3:45 p.m.
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, November 29, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.