sj05082t.041

No. 41

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Wednesday, May 8, 2002.

10:00 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Goschka--present Peters--present

Senator George Z. Hart of the 6th District offered the following invocation:

"God bless America, land that I love.

Stand beside her and guide her through the night with the light from above.

From the mountains to the prairies, to the ocean white with foam.

God bless America, my home sweet home.

God bless America, my home sweet home."

Senators Shugars, Hammerstrom and Miller entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senators Dunaskiss and Schuette be temporarily excused from today's session.

The motion prevailed.

Senator Emmons moved that Senators Van Regenmorter and DeGrow be excused from today's session.

The motion prevailed.

Senator Emerson moved that Senators Smith and Young be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

Senator Dunaskiss entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 7:

House Bill Nos. 5727 5728 5729 5730 5731

The Secretary announced the printing and placement in the members' files on Tuesday, May 7, of:

Senate Bill Nos. 1300 1301 1302

Messages from the House

Senator Schuette entered the Senate Chamber.

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

Senate Bill No. 356

The motion prevailed.

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

Senate Bill No. 645

The motion prevailed.

Senate Bill No. 1169, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 22 and 25 (MCL 125.1422 and 125.1425), section 22 as amended by 1999 PA 131 and section 25 as amended by 1993 PA 220.

Substitute (H-2).

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. 504 Yeas--32

Bennett Emmons Johnson Sanborn

Bullard Garcia Koivisto Schuette

Byrum Gast Leland Schwarz

Cherry Goschka McCotter Scott

DeBeaussaert Gougeon McManus Shugars

Dingell Hammerstrom Miller Sikkema

Dunaskiss Hart North Steil

Emerson Hoffman Peters Stille

Nays--0

Excused--6

DeGrow Smith Vaughn Young

Murphy Van Regenmorter

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.

Senator Young entered the Senate Chamber.

Senate Bill No. 1178, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 9 (MCL 141.1059), as amended by 1988 PA 316.

Substitute (H-1).

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

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

Roll Call No. 505 Yeas--33

Bennett Garcia Koivisto Schuette

Bullard Gast Leland Schwarz

Byrum Goschka McCotter Scott

Cherry Gougeon McManus Shugars

DeBeaussaert Hammerstrom Miller Sikkema

Dingell Hart North Steil

Dunaskiss Hoffman Peters Stille

Emerson Johnson Sanborn Young

Emmons

Nays--0

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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. 1179, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 19603 (MCL 324.19603), as added by 1998 PA 288.

Substitute (H-1).

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

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

Roll Call No. 506 Yeas--33

Emmons

Nays--0

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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. 1180, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50510 (MCL 324.50510), as added by 1995 PA 57.

Substitute (H-1).

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

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

Roll Call No. 507 Yeas--33

Emmons

Nays--0

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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. 1181, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 71503 (MCL 324.71503), as amended by 1995 PA 72.

Substitute (H-1).

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

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

Roll Call No. 508 Yeas--33

Emmons

Nays--0

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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.

Senator Emmons moved to reconsider the vote by which consideration of the following bill was postponed for today:

Senate Bill No. 645

The motion prevailed.

The question being on the motion that further consideration of the bill be postponed for today,

Senator Emmons withdrew the motion.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 645, entitled

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

Substitute (H-3).

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

Senator Garcia offered the following amendments to the substitute:

1. Amend page 1, line 2, after "following" by inserting "PERSONS DESCRIBED IN SUBDIVISIONS (A) THROUGH (L)".

2. Amend page 4, following line 3, by inserting:

"(M) THE SECRETARY OF STATE MAY DENY ISSUANCE OF AN OPERATOR'S LICENSE UNTIL THE AGE OF 17 TO A PERSON NOT LICENSED UNDER THIS ACT WHO WAS CONVICTED OF OR RECEIVED A JUVENILE DISPOSITION FOR VIOLATING OR ATTEMPTING TO VIOLATE SECTION 411A(2) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411A, INVOLVING A SCHOOL WHEN HE OR SHE WAS LESS THAN 14 YEARS OF AGE. A PERSON NOT ISSUED A LICENSE UNDER THIS SUBDIVISION IS NOT ELIGIBLE TO BEGIN GRADUATED LICENSING TRAINING UNTIL HE OR SHE ATTAINS 16 YEARS OF AGE.

(N) THE SECRETARY OF STATE MAY DENY ISSUANCE OF AN OPERATOR'S LICENSE TO A PERSON LESS THAN 21 YEARS OF AGE NOT LICENSED UNDER THIS ACT WHO WAS CONVICTED OF OR HAS RECEIVED A JUVENILE DISPOSITION FOR VIOLATING OR ATTEMPTING TO VIOLATE SECTION 411A(2) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411A, INVOLVING A SCHOOL WHEN HE OR SHE WAS 14 YEARS OF AGE OR OLDER, UNTIL 3 YEARS AFTER THE DATE OF THE CONVICTION OR JUVENILE DISPOSITION. A PERSON NOT ISSUED A LICENSE UNDER THIS SUBDIVISION IS NOT ELIGIBLE TO BEGIN GRADUATED LICENSING TRAINING OR OTHERWISE OBTAIN AN ORIGINAL OPERATOR'S OR CHAUFFEUR'S LICENSE UNTIL 3 YEARS AFTER THE DATE OF THE CONVICTION OR JUVENILE DISPOSITION.".

3. Amend page 7, following line 25, by striking out all of section 303A.

The amendments to the substitute were adopted.

The question being on concurring in the House substitute, as amended,

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

Roll Call No. 509 Yeas--30

Bennett Garcia Koivisto Schuette

Bullard Gast McCotter Schwarz

Byrum Goschka McManus Shugars

DeBeaussaert Gougeon Miller Sikkema

Dingell Hammerstrom North Steil

Dunaskiss Hart Peters Stille

Emerson Hoffman Sanborn Young

Emmons Johnson

Nays--3

Cherry Leland Scott

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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.

Senate Bill No. 1182, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 76703 (MCL 324.76703), as amended by 2001 PA 78.

Substitute (H-1).

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

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

Roll Call No. 510 Yeas--33

Emmons

Nays--0

Excused--5

DeGrow Smith Van Regenmorter Vaughn

Murphy

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.

House Bill No. 5398, entitled

A bill to amend 1927 PA 175, entitled "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," (MCL 760.1 to 777.69) by adding section 37 to chapter VIII.

The House of Representatives has amended the Senate substitute (S-1) as follows:

1. Amend page 2, following line 13, by inserting:

"Enacting section 1. This amendatory act takes effect September 1, 2002, and applies to crimes committed on or after that date.".

The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schwarz, designated Senator North as Chairperson.

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

Senate Bill No. 792, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 5 (MCL 390.1455).

House Bill No. 5220, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 66.

Senate Bill No. 1092, entitled

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

Senate Bill No. 1202, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.

House Bill No. 5547, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by repealing section 10 (MCL 28.10).

House Bill No. 5611, entitled

A bill to amend 1895 PA 16, entitled "An act requiring the secretary of state and the deputy secretary of state and the private secretary and executive clerk of the governor to give bonds for the faithful discharge of their official duties," by amending section 1 (MCL 15.51).

House Bill No. 5612, entitled

A bill to amend 1958 PA 204, entitled "An act to fix the compensation and mileage of constitutional convention delegates," by amending section 3 (MCL 2.53).

House Bill No. 5613, entitled

A bill to amend 1872 PA 62, entitled "An act regulating trials of impeachment and providing for the expenses thereof," by amending section 15 (MCL 6.15).

House Bill No. 5614, entitled

A bill to amend 1901 PA 6, entitled "An act to provide for the employment of clerks or assistants in the executive office of this state," by amending section 1 (MCL 10.11).

House Bill No. 5615, entitled

A bill to amend 1846 RS 12, entitled "Of certain state officers," by amending section 36 (MCL 15.36).

House Bill No. 5662, entitled

A bill to amend 1927 PA 375, entitled "An act to provide for the collection of past due moneys and accounts belonging to the state of Michigan; to create a department therefor; to prescribe the duties of state officers, departments, commissions and institutions in relation thereto; and to make appropriations for defraying the expenses thereof," by amending section 3 (MCL 14.133).

House Bill No. 5663, entitled

A bill to repeal 1879 PA 200, entitled "An act requiring certain state officers to give bonds before entering upon their official duties," (MCL 15.41); 1948 (2nd Ex. Sess) PA 1, entitled "An act to provide for the payment of compensation of the governor, secretary of state, state treasurer, auditor general and attorney general; and to repeal certain acts and parts of acts," (MCL 15.201 to 15.202); and section 3 of 1861 PA 111, entitled "An act relating to deposit accounts, and to interest, exchange and commissions received or paid by the state treasurer," (MCL 21.183).

House Bill No. 5664, entitled

A bill to amend 1921 PA 2, entitled "An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," by amending section 1 (MCL 17.1).

House Bill No. 5665, entitled

A bill to amend 1919 PA 71, entitled "An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all such departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating thereto; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the auditor general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 21.41, 21.42, 21.43, 21.44, 21.45, 21.46, 21.47, 21.48, 21.49, 21.50, 21.51, and 21.52), the title as amended by 1996 PA 426, section 5 as amended by 1993 PA 196, and sections 11 and 12 as amended by 1985 PA 48; and to repeal acts and parts of acts.

House Bill No. 5666, entitled

House Bill No. 5667, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 9 (MCL 38.9).

House Bill No. 5668, entitled

A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 10 (MCL 41.280).

House Bill No. 5669, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 82 (MCL 51.82).

House Bill No. 5670, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 9 (MCL 78.9).

House Bill No. 5671, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 4 (MCL 102.4).

House Bill No. 5672, entitled

A bill to amend 1949 PA 123, entitled "An act to provide for the disconnection of land from cities and villages; and to declare the effect thereof," by amending section 4 (MCL 123.34).

House Bill No. 5673, entitled

A bill to amend 1879 PA 190, entitled "An act in relation to removals from and filling vacancies in certain public offices," by amending section 1 (MCL 201.91).

House Bill No. 5707, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending sections 1a, 6, 11, 14, and 17 (MCL 205.201a, 205.206, 205.211, 205.214, and 205.217), section 6 as amended by 1993 PA 54.

House Bill No. 5708, entitled

A bill to amend 1889 PA 226, entitled "An act to provide for the collection of specific taxes from corporations, copartnerships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twenty-ninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell's annotated statutes of 1882," by amending sections 1, 2, 3, 4, and 5 (MCL 207.441, 207.442, 207.443, 207.444, and 207.445).

House Bill No. 5709, entitled

A bill to amend 1931 PA 292, entitled "An act to authorize counties to extend the time of payment of certain drain taxes and highway assessments," by amending section 3 (MCL 211.393).

House Bill No. 5710, entitled

A bill to amend 1933 PA 133, entitled "An act to authorize the acceptance of bonds and coupons and other obligations of municipalities and special assessment districts and bonds and coupons of the Home Owners Loan Corporation in payment of certain taxes and special assessments under certain conditions, and to prescribe the effect thereof; and to prescribe the powers and duties of certain officials and bodies with respect thereto," by amending sections 3a, 4, and 6 (MCL 211.403a, 211.404, and 211.406).

House Bill No. 5711, entitled

A bill to amend 1915 PA 59, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by amending sections 34, 35, and 67 (MCL 247.434, 247.435, and 247.467).

House Bill No. 5712, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 35 (MCL 259.35).

House Bill No. 5713, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 271 and 323 (MCL 280.271 and 280.323).

House Bill No. 5714, entitled

A bill to repeal 1915 PA 294, entitled "An act to promote the public welfare; to create a commission to be known as the agricultural fair commission; to provide for the appointment of such a commission and to fix their terms of office; to prescribe their powers and duties; and to make an appropriation to carry out the provisions of this act," (MCL 285.122 to 285.128).

House Bill No. 5716, entitled

A bill to amend 1941 PA 230, entitled "An act to authorize the auditor general of the state of Michigan to sell or lease real estate, the title to which is vested in the state of Michigan by grant, devise or gift, or in payment for care or medical treatment rendered in any Michigan state hospital or institution," by amending the title and sections 1, 2, 3, and 4 (MCL 322.1, 322.2, 322.3, and 322.4).

House Bill No. 5717, entitled

A bill to amend 1883 PA 197, entitled "An act to provide for the disposition of certain lands granted to the state of Michigan for railroad purposes by acts of congress of June 3, 1856, and March 4, 1879, upon the route from Grand Haven to Flint and thence to Port Huron, in the state of Michigan; to secure the title thereto to bona fide settlers and purchasers; to provide for the further sale thereof, and to provide for the adjustment of certain taxes heretofore assessed thereon," by amending section 10 (MCL 322.460).

House Bill No. 5718, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 33934, 42506, 47104, and 52706 (MCL 324.33934, 324.42506, 324.47104, and 324.52706), section 33934 as added by 1995 PA 59 and sections 42506, 47104, and 52706 as added by 1995 PA 57.

House Bill No. 5719, entitled

A bill to amend 1942 (1st Ex Sess) PA 16, entitled "An act to designate the superintendent of public instruction as the state agency to apply to and receive from the federal government, or any agency thereof, grants in aid of the public schools of this state and educational activities in this state; and to provide for the disbursement thereof," by amending section 3 (MCL 388.803).

House Bill No. 5720, entitled

A bill to amend 1893 PA 116, entitled "An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith," by repealing sections 10, 12, 14, and 16 (MCL 393.60, 393.62, 393.64, and 393.66).

House Bill No. 5721, entitled

A bill to amend 1893 PA 123, entitled "An act to provide for the maintenance, supervision and government of the Michigan school for the blind, and to repeal all acts and parts of acts inconsistent herewith," by repealing sections 9 and 10 (MCL 393.109 and 393.110).

House Bill No. 5722, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 35, 41, 57a, 58, 62, 63, 64, 66, 67, 70, 73, 73a, 73b, 75, 83, 85, 86, 87, 88, 90, 95, 96, 97, 98, 98a, 99, 101, 102, 103, 105, 113, 121, 122, 127b, 130, 135, 138, 139, and 144 (MCL 211.35, 211.41, 211.57a, 211.58, 211.62, 211.63, 211.64, 211.66, 211.67, 211.70, 211.73, 211.73a, 211.73b, 211.75, 211.83, 211.85, 211.86, 211.87, 211.88, 211.90, 211.95, 211.96, 211.97, 211.98, 211.98a, 211.99, 211.101, 211.102, 211.103, 211.105, 211.113, 211.121, 211.122, 211.127b, 211.130, 211.135, 211.138, 211.139, and 211.144).

House Bill No. 5742, entitled

A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 1 (MCL 388.551).

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

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

Senate Bill No. 287, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

Substitute (S-1).

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

1. Amend page 4, following line 13, by inserting:

"Monroe County Community College - instructional center

for business training and performing arts building, for
design and construction (total authorized cost
$12,000,000; state building authority share $5,900,800;
Monroe County Community College share $6,000,000;

state general fund share $200) 100".

2. Amend page 4, following line 24, by inserting:

"University of Michigan-Dearborn - Hubbard Drive

professional training and education building acquisition/

engineering and science building renovations; phase I,

building acquisition (total authorized cost $32,800,000;

state building authority share $24,600,000; University

of Michigan-Dearborn share $8,200,000); phase II,

engineering and science building renovations (total

authorized cost $22,200,000; state building authority

share $16,649,800; University of Michigan-Dearborn

share $5,550,000; state general fund share $200) $ 100".

3. Amend page 5, line 4, by striking out "400" and inserting "500".

4. Amend page 19, following line 10, by inserting:

"City of Flint mayoral election expenses 15,800".

5. Amend page 19, line 15, by striking out "80,000" and inserting "95,800" and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 29, following line 27, by inserting:

"Sec. 410. (1) From the funds appropriated in part 1 for the University of Michigan-Dearborn - Hubbard Drive professional training and education building acquisition/engineering and science building renovations, the total authorized cost for the engineering and science building renovations (phase II), shall be increased from $22,200,000.00 to $35,000,000.00 (state building authority share increased from $16,650,000.00 to $26,250,000.00; University of Michigan-Dearborn share increased from $5,550,000.00 to $8,750,000.00) only if the building acquisition (phase I) does not occur.

(2) The University of Michigan-Dearborn shall notify the state budget director within 30 days if the university elects not to proceed with the building acquisition (phase I) as authorized in part 1.

(3) The program and schematic planning approval requirements for the building acquisition (phase I) are hereby waived. The project may proceed to acquisition, contingent upon the approval of the requirements of the state building authority.

(4) The engineering and science building renovations project (phase II) shall not move into final design and construction, until program and schematic planning documents are approved by the department and the joint capital outlay subcommittee.".

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. 793, entitled

A bill to establish an educational scholarship program for eligible resident students enrolled in certain nursing programs; to prescribe conditions for repayment of the scholarships; to establish a Michigan nursing scholarship fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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. 927, entitled

A bill to amend 1965 PA 213, entitled "An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties," by amending section 1 (MCL 780.621), as amended by 1996 PA 573.

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. 928, entitled

A bill to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as added by 1985 PA 175.

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. 1230, 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 1998 PA 393.

Substitute (S-1).

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

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

House Bill No. 4603, entitled

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

Substitute (S-1).

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

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

House Bill No. 5648, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2003; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Substitute (S-1).

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

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

House Bill No. 5649, entitled

A bill to make, supplement, and adjust appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Substitute (S-1).

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

1. Amend page 14, line 13, after "Sec. 303" by inserting "(1)".

2. Amend page 15, following line 4, by inserting:

"(2) This section is a special regulation adopted by the legislature as authorized by section 356 of the Michigan military act, 1967 PA 150, MCL 32.756 and does not amend the Michigan military act, 1967 PA 150, MCL 32.501 to 32.851.".

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. 1016, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 13c and 655a.

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. 1124, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 717 and 719 (MCL 257.717 and 257.719), section 717 as amended by 2000 PA 7 and section 719 as amended by 2000 PA 306.

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. 1232, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 6, 7a, 212, 306, 307, 309, 312e, 312f, 319, 319b, 319c, 321, 321b, 323c, 667, 668, 669, 670, 732, 904, and 907 (MCL 257.6, 257.7a, 257.212, 257.306, 257.307, 257.309, 257.312e, 257.312f, 257.319, 257.319b, 257.319c, 257.321, 257.321b, 257.323c, 257.667, 257.668, 257.669, 257.670, 257.732, 257.904, and 257.907), section 6 as amended by 1992 PA 297, sections 7a and 323c as amended by 1991 PA 100, section 212 as amended by 1980 PA 398, section 306 as amended by 1999 PA 40, sections 307 and 319 as amended by 2001 PA 159, section 309 as amended by 2000 PA 456, section 312e as amended by 2000 PA 158, section 312f as amended by 1992 PA 180, section 319b as amended by 1998 PA 356, section 319c as added by 1988 PA 346, section 668 as amended by 1980 PA 101, section 669 as amended by 1995 PA 248, section 732 as amended by 2001 PA 134, section 904 as amended by 2000 PA 77, and section 907 as amended by 2001 PA 214, and by adding sections 319g and 669a; and to repeal acts and parts of acts.

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. 444, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 1984 PA 148, section 144 as amended by 1990 PA 287, and section 152 as amended by 1990 PA 11; and to repeal acts and parts of acts.

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 amendment, the following bill:

House Bill No. 5661, entitled

A bill to amend 1897 PA 153, entitled "An act to provide for the payment of expenses in matters in which the state is a party or interested," by amending section 1 (MCL 14.111); and to repeal acts and parts of acts.

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

1. Amend page 2, line 1, after "APPROPRIATED" by striking out "to the attorney general".

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

Senator North moved that his name be removed as co-sponsor of the following bill:

Senate Bill No. 1016

The motion prevailed.

During the Committee of the Whole, Senator Smith entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Smith stated that had she been present when the votes were taken on concurring in the House substitute to the following bills, she would have voted "yea":

Senate Bill No. 1169

Senate Bill No. 1178

Senate Bill No. 1179

Senate Bill No. 1180

Senate Bill No. 1181

Senate Bill No. 1182

Senator Smith stated that had she been present when the votes were taken on concurring in the House substitute to the following bill, she would have voted "nay":

Senate Bill No. 645

Resolutions

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

Senate Resolution No. 222

The resolution consent calendar was adopted.

Senators Sikkema, Johnson, Garcia, Sanborn and Goschka offered the following resolution:

Senate Resolution No. 222.

A resolution observing September 16-22, 2002, as Pollution Prevention Week.

Whereas, Pollution prevention is being promoted as a priority in achieving environmental quality in the state of Michigan in a week of observance, education, and outreach; and

Whereas, The people of Michigan are proud of our state's beauty, natural resources, and environment; and

Whereas, The presence of pollutants may pose a threat to our environment, public health, and safety; and

Whereas, Pollution prevention is a fundamental approach to protect the environment and maintain the health and safety of workers in the workplace by stopping pollution before it occurs; and

Whereas, Pollution prevention can benefit businesses by increasing industrial efficiency through process and material waste reduction, thereby saving businesses time and money; and

Whereas, With a proactive approach to pollution prevention, Michigan can meet the challenges of having both a sustainable environment and healthy economy for its citizens and businesses; and

Whereas, Legislative action has provided valuable new funding for pollution prevention activities and will result in a greater citizen awareness and support for pollution prevention throughout the state; and

Whereas, Pollution Prevention Week is an opportunity for the people of Michigan to join together for a clean and vibrant Michigan by taking action in promoting the reduction of waste at its source of generation and identifying where this is not feasible on reuse and recycling; now, therefore, be it

Resolved by the Senate, That we observe September 16-22, 2002, as Pollution Prevention Week in Michigan, and we encourage all businesses and community members to participate in local and regional celebratory and educational activities; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of this event as evidence of our respect and esteem.

Senators DeBeaussaert and Young were named co-sponsors of the resolution.

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

House Concurrent Resolution No. 36

The motion prevailed.

Senate Concurrent Resolution No. 55.

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 Grand Tower.

The Assistant Secretary of the Senate made the following statement:

Mr. President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 511 Yeas--31

Bennett Gast McCotter Scott

Bullard Goschka McManus Shugars

Byrum Gougeon Miller Sikkema

Cherry Hammerstrom North Smith

DeBeaussaert Hart Peters Steil

Dunaskiss Johnson Sanborn Stille

Emerson Koivisto Schuette Young

Emmons Leland Schwarz

Nays--1

Dingell

Excused--4

DeGrow Murphy Van Regenmorter Vaughn

Not Voting--2

Garcia Hoffman

In The Chair: Schwarz

Senator Emmons moved that Senators Hoffman and Garcia be excused from the balance of today's session.

The motion prevailed.

Senate Concurrent Resolution No. 56.

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 Kellogg Community College relative to the Kellogg Community College Computer Technology and Academic Center.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 512 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

Senate Concurrent Resolution No. 57.

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 the Board of Control of Saginaw Valley State University relative to the Saginaw Valley State University Instructional Facility Number 4 and Library Renovations.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 513 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

Senate Concurrent Resolution No. 58.

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 the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Central Campus Renovation Phase II-West Hall.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 514 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

Senate Concurrent Resolution No. 59.

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 the Board of Governors of Wayne State University relative to the Wayne State University Welcome Center.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 515 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

Senate Concurrent Resolution No. 60.

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 the Board of Trustees of Western Michigan University relative to the Western Michigan University Engineering and Applied Sciences Building.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 516 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

Senate Concurrent Resolution No. 61.

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 the Board of Trustees of Western Michigan University relative to the Western Michigan University Lake Michigan College Southwest Center.

The Assistant Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 517 Yeas--31

Nays--1

Dingell

Excused--6

DeGrow Hoffman Van Regenmorter Vaughn

Garcia Murphy

Not Voting--0

In The Chair: Schwarz

By unanimous consent the Senate proceeded to the order of

Statements

Senator Byrum stated that had she been present when the votes were taken on May 7 on the passage of the following bills, she would have voted "yea":

House Bill No. 5821

House Bill No. 5822

House Bill No. 5823

House Bill No. 5836

House Bill No. 5837

House Bill No. 5838

House Bill No. 5839

House Bill No. 5840

House Bill No. 5841

House Bill No. 5842

House Bill No. 5843

House Bill No. 5844

House Bill No. 5846

House Bill No. 5847

House Bill No. 5848

House Bill No. 5849

House Bill No. 5851

House Bill No. 5852

House Bill No. 5854

House Bill No. 5855

Senate Bill No. 1094

Senators Scott, Gast and Smith asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

I'd like to make a statement about my city. Today we dealt with supplemental appropriations. Well, I have a city that needs some supplemental appropriations, and some catastrophic claims need to go to my city. I have been talking to the administration for probably the last six or seven years now about my city, and it's always, "There's no money." Well, I saw supplemental appropriations today where it was going for different things.

But here's a city that is in dire need. From time to time, I've talked to the financial administrator who the Governor appointed. She was appointed to the city of Highland Park with no resources. We need some resources in this city. We have a water system, but we don't have staff to maintain it. They're not going to be able to pay staff this week, so more will be laid off. The building that the city hall is housed in is falling apart; rain is coming in. We don't have enough police protection. I do appreciate the chair of the subcommittee on the budget because some funding was put in, but that's for August or September when the new budget comes into effect. But I need some dollars and I need them now. These are taxpayers, and there are 16,500 residents in that city. When I was growing up, there were about 50,000, and it was the most beautiful city probably in this state--the best educational system. And now we have totally fallen down.

I ask this state to help because I've been asking for help for the last six or seven years, as I indicated, but it has fallen on deaf ears. Two weeks ago, I mentioned to the Governor that I needed to talk to him, and he said that we would. Well, we haven't been able to talk yet, so I'm asking that I be able to talk to the Governor. And I really would like the whole Appropriations Committee to come down to the middle of my city and see what it's like. After all, it is a part of this state and probably the most centrally located city in this state. I'm asking for help now that we're going through this budget. It's a health hazard, and there are many people who go through my city.

As you know, just a few months ago, they were going to close the Secretary of State's office. I had to fight to keep that open, and it was constant. It's not that I can just ask for some appropriations and we get them; it's just a constant fight all the time. Now we deserve better than this. Now I'm asking for some help, and until I get this help, I'll be standing at this mike every day letting you know what is going on in my city! So I ask for my colleagues to understand that there needs to be some help. So while we're going through these budget appropriations, just remember I need some catastrophic claims for the city of Highland Park.

Senator Gast's statement is as follows:

Actually, if every city in this state ignored their problems and let them manifest and grow and then came to the state to resolve the problems that they have, we would have a never-ending crusade trying to keep everybody afloat. It can't be done that way. It has to be nipped in the bud when you say that your budget is not being balanced. I think the federal government is learning that. They say they've got a balanced budget. Poppycock. They're $5 trillion in the hole--we know that.

We've got to have a balanced budget in the state; the cities and townships do too. If they see themselves going downhill and going backward, they should nip it in the bud. They shouldn't let it go to a catastrophic situation. I think that's exactly what's happening in a lot of these areas. Now I can sympathize with them, but I can't see where we have to take taxpayer dollars that other people have, address their problems, and funnel those taxpayer dollars to people who have not faced up to reality. And that's exactly what's going on. So I sympathize with the people. I sympathize with the Senator from the district. But I don't feel that in good conscience I could vote for an appropriation and throw good money to somebody who has not dealt in good faith to their community. So while I sympathize with them, I'm certainly at odds with the previous statement.

Senator Smith's statement is as follows:

With all due respect to my esteemed colleague and the chair of the Appropriations Committee, we recognize school district problems when there has been declining enrollment, and we move to address those problems by adjusting the formula and the number of dollars that go into the school districts. But we seem not to be able to acknowledge the problem of declining residents in cities as people move out of the cities and into the suburbs. It's a similar problem, and it needs to be addressed.

When the budget of the state of Michigan falls into a decline, how do we balance that budget? Well, one of the tools we use is revenue sharing. We cut revenue sharing to the cities and to the townships of the state of Michigan in order to balance our budget, and that throws their budgets out of whack. And then when we have revenue and even when we don't, we do an appropriation, like $5 million to an ethanol plant that was fully capitalized with no dollar return, no interest on the state appropriation. We have a responsibility to our cities, and we have a responsibility to our citizens. I think it's time that we address some of the crises in the state of Michigan.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Sikkema and Steil introduced

Senate Bill No. 1303, 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 11b (MCL 46.11b), as amended by 1983 PA 142.

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

Senators Sikkema and Steil introduced

Senate Bill No. 1304, entitled

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

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

Senators Scott, Young, Hart, Peters, Dingell, Murphy, Smith, Cherry, Miller, DeBeaussaert and Schwarz introduced

Senate Bill No. 1305, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 37a.

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

House Bill No. 5727, entitled

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

The 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 Appropriations.

House Bill No. 5728, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 20h (MCL 38.1140h), as amended by 1996 PA 485, and by adding section 20m.

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 Appropriations.

House Bill No. 5729, entitled

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

The 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 Appropriations.

House Bill No. 5730, entitled

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 Appropriations.

House Bill No. 5731, entitled

A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending the title and section 2 (MCL 141.1202) and by adding article 4.

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 Appropriations.

Committee Reports

The Committee on Finance reported

House Bill No. 5845, entitled

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

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 5850, entitled

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

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1265, entitled

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

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1266, entitled

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

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1267, entitled

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1268, entitled

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1269, entitled

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1300, entitled

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

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1301, entitled

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 1302, entitled

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

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Garcia and Peters

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Tuesday, May 7, 2002, at 1:02 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Emmons (C), Garcia and Peters

Excused: Senators Bullard and Byrum

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No. 1137, entitled

A bill to authorize the issuance of general obligation bonds of this state to finance infrastructure improvements at Michigan public schools and local sewage treatment improvements; to pledge the full faith and credit of this state for the payment of principal and interest on the bonds; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of this state.

With the recommendation that the bill and the substitute (S-1) be referred to the Committee on Education.

Ken Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Dunaskiss and Young

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee on Education.

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, May 7, 2002, at 1:30 p.m., Room 210, Farnum Building

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

Excused: Senator Gast

Scheduled Meetings

Appropriations -

Subcommittee -

Natural Resources - Tuesday, May 14, 1:00 p.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Economic Development, International Trade and Regulatory Affairs - Tuesdays, May 14 and May 21, 1:00 p.m., Room 110, Farnum Building (373-7946)

Education - Tuesday, May 14, 2:00 p.m., Room 210, Farnum Building (373-7350)

Natural Resources and Environmental Affairs - Tuesday, May 14, 1:30 p.m., Room 810, Farnum Building (373-0797)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 12:00 noon.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, May 9, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

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

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