No. 6
STATE OF MICHIGAN
Journal of the Senate
91st Legislature
REGULAR SESSION OF 2002
Senate Chamber, Lansing, Thursday, January 31, 2002.
10:00 a.m.
Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.
Senator Emmons moved that the Senate adjourn pursuant to rule 1.205 due to emergency snow conditions.
The motion prevailed, the time being 10:00 a.m.
Committee Reports
The Committee on Finance reported
Senate Bill No. 866, entitled
A bill to amend 1917 PA 298, entitled "An act to authorize cities and villages to levy a tax for the purpose of collecting and disposing of garbage; and providing for the issuance of bonds therefor," by amending section 1 (MCL 123.261).
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, Bullard, Garcia and Byrum
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 1005, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 1993 PA 79.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Hammerstrom, Schwarz, Byrum and Emerson
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 4195, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.
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, Byrum and Emerson
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 submitted the following:
Meeting held on Tuesday, January 29, 2002, at 3:00 p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Hammerstrom, Schwarz, Byrum and Emerson
The Committee on Judiciary reported
Senate Bill No. 730, entitled
A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending sections 4 and 5 (MCL 780.654 and 780.655).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette and Dingell
Nays: Senator Scott
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. 803, entitled
A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette and Dingell
Nays: Senator Scott
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. 806, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 300.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette and Dingell
Nays: Senator Scott
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. 930, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.
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 and Dingell
Nays: Senator Scott
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. 934, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370, and by adding section 85a.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 936, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 19f of chapter VII (MCL 767.19f).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 939, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.
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, Dingell and Scott
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. 940, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 212a (MCL 750.212a), as added by 1998 PA 207.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 942, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 943, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2000 PA 298.
With the recommendation that the bill 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, Dingell and Scott
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. 946, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 22, 31, 33, 35, 37, and 49 of chapter XVII (MCL 777.22, 777.31, 777.33, 777.35, 777.37, and 777.49), sections 22, 33, and 35 as amended by 2000 PA 279, sections 31 and 49 as amended by 2001 PA 136, and section 37 as added by 1998 PA 317, and by adding section 49a.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 948, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2001 PA 6.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 949, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as amended by 2000 PA 372.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 995, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2000 PA 279.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 996, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 371.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 997, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 1997 PA 75.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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. 1006, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
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 Resolution No. 149.
A resolution to memorialize the Congress of the United States to increase the number of customs inspectors at Michigan's international border crossings.
(For text of resolution, see Senate Journal No. 90 of 2001, p. 2352.)
With the recommendation that the resolution be adopted.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Judiciary reported
Senate Resolution No. 150.
A resolution to urge United States and Canadian customs officials to consider relocating customs for border crossings so that inspections take place before the border is crossed.
(For text of resolution, see Senate Journal No. 90 of 2001, p. 2353.)
With the recommendation that the resolution be adopted.
William Van Regenmorter
Chairperson
To Report Out:
Yeas: Senators Van Regenmorter, McCotter, Bullard, Schuette, Dingell and Scott
Nays: None
The resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, January 29, 2002, at 1:00 p.m, Rooms 402 and 403, Capitol Building
Present: Senators Van Regenmorter (C), McCotter, Bullard, Schuette, Dingell and Scott
Excused: Senator Peters
Scheduled Meetings
Appropriations, Joint Senate/House - Thursday, February 7, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Subcommittees -
Corrections - Wednesdays, February 20 and February 27, 1:00 p.m., Room 100, Farnum Building, and Tuesday, March 5, 1:00 p.m., Room 210, Farnum Building (373-2413)
Higher Education - Tuesday, February 12, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-3447)
Natural Resources - Wednesdays, February 20, February 27, and March 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)
Pursuant to rule 1.205, the Secretary of the Senate declared the Senate adjourned until Tuesday, February 5, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.