2002-SJ-02-12-010

No. 10

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Tuesday, February 12, 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--present Koivisto--present Sikkema--present

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

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

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

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

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

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

Goschka--present Peters--present

Senator Dale L. Shugars of the 21st District offered the following invocation:

Before I say the prayer, I'd like to just share with you The Prayer of Jabez, the book by Dr. Bruce Wilkinson. And, as you know, the 1 Chronicles talks about genealogy, and it leads into the fourth chapter and the ninth verse and the tenth verse.

" 'Because I bore him in pain.' And Jabez called on the God of Israel saying, 'Oh, that You would bless me indeed, and enlarge my territory, that Your hand would be with me, and that You would keep me from evil, that I may not cause pain!' So God granted him what he requested."

Heavenly Father, Creator of all things and all life, we come to You today and ask You to enlarge our territories so that we may serve, glorify, and worship You. In Jesus' name we pray. Amen.

Motions and Communications

Senator Emmons moved that Senator Dunaskiss be excused from this week's sessions.

The motion prevailed.

Senator Emmons moved that Senator Steil be excused from today's and tomorrow's sessions.

The motion prevailed.

Senator Emmons moved that she be excused from tomorrow's session.

The motion prevailed.

She will be attending a funeral.

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

The motion prevailed.

Senator Emerson moved that Senator Vaughn be excused from this week's sessions.

The motion prevailed.

The Secretary submitted, pursuant to Senate Rule 1.208, the following report on out-of-state travel by Members on Legislative business for the quarter ending December 31, 2001:

Senator Dianne Byrum November 27-30 Attend NCSL Conference $ 814.18

Salt Lake City, UT

Senator Joanne Emmons November 27-29 Attend NCSL Conference $ 644.36

Salt Lake City, UT

Senator Philip Hoffman December 12-16 Attend ALEC Conference $ 606.50

Washington, DC

Senator Gary Peters November 2 Attend National Water $ 60.72

Crisis Conference

Toledo, OH

Senator Alma Smith November 29-December 1 Attend NBCSL Conference $ 430.13

Atlanta, GA

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

House Bill Nos. 4398 5349 5420 5421 5422 5423 5496 5506 5507 5509 5512 5513

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

Senate Bill Nos. 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071

1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085

1086 1087 1088 1089 1090 1091

House Bill No. 5592

The Secretary announced the printing and placement in the members' files on Friday, February 8, of:

Senate Bill Nos. 1092 1093 1094

House Bill Nos. 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 5603 5604 5605 5606 5607

Senator Smith entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: February 6, 2002

Time: 6:10 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 430 (Public Act No. 3), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by repealing section 75106 (MCL 324.75106).

(Filed with the Secretary of State on February 7, 2002, at 2:08 p.m.)

Date: February 6, 2002

Time: 6:12 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 471 (Public Act No. 4), being

An act to amend 1987 PA 173, entitled "An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers; to prescribe the powers and duties of the financial institutions bureau and certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties," by amending section 2 (MCL 445.1652), as amended by 1996 PA 210.

(Filed with the Secretary of State on February 7, 2002, at 2:10 p.m.)

Date: February 6, 2002

Time: 6:15 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 615 (Public Act No. 5), being

An act to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.1100) by adding section 68.

(Filed with the Secretary of State on February 7, 2002, at 2:12 p.m.)

Respectfully,

John Engler

Governor

The following message from the Governor was received on February 7, 2002, and read:

EXECUTIVE ORDER

No. 2002 - 1

Bureau of Worker's Compensation

Unemployment Agency

Worker's Compensation Board of Magistrates

Wage and Hour Division

Bureau of Worker's and Unemployment Compensation

Department of Consumer and Industry Services

Executive Reorganization

Whereas, Article V, Section 1, of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and

Whereas, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, the statutory powers, functions, duties and responsibilities assigned to the Bureau of Worker's Compensation, the Unemployment Agency, the Worker's Compensation Board of Magistrates, and the Wage and Hour Division can be more effectively carried out by a new Bureau of Worker's and Unemployment Compensation; and

Whereas, the missions of the Bureau of Worker's Compensation and the Unemployment Agency are related to maintaining a system for the timely payment of benefits on behalf of Michigan workers and employers; and

Whereas, there is a need for more sharing of data and information between the Bureau of Worker's Compensation and the Unemployment Agency to more efficiently meet statutory requirements relating to coordination of worker's compensation and unemployment compensation benefits; and

Whereas, the Wage and Hour Division serves the citizens of Michigan by protecting wages and fringe benefits to which workers are entitled and assuring appropriate employment and working conditions for young people;

Whereas, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

Now, Therefore, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. DEFINITIONS

As used herein:

A. The "Department of Consumer and Industry Services" means the principal department of state government created by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

B. The "Bureau of Worker's Compensation" means the bureau established within the Department of Labor by Section 201 of Act 317 of the Public Acts of 1969, as amended, being Section 418.201 of the Michigan Complied Laws, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

C. The "Unemployment Agency" means the agency established within the Department of Consumer and Industry Services by Executive Order 1997-12, being Section 421.94 of the Michigan Compiled Laws.

D. The "Worker's Compensation Board of Magistrates" means the board established as an autonomous entity within the Department of Labor by Section 213 of Act 317 of the Public Acts of 1969, as amended, being Section 418.213 of the Michigan Compiled Laws, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

E. The "Wage and Hour Division" means the division created on January 31, 1992 as an agency within the Bureau of Safety and Regulation within the Department of Labor, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

II. CREATION OF THE BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION

A. The Bureau of Worker's and Unemployment Compensation is hereby created as a Type I agency within the Department of Consumer and Industry Services. The bureau shall exercise its prescribed statutory powers, duties and functions of rulemaking, licensing and registration including the prescription of rules, rates, regulations and standards, and adjudication independently of the head of the department. All budgeting, procurement and related management functions of the bureau shall be performed under the direction and supervision of the head of the department.

B. The Bureau of Worker's and Unemployment Compensation shall be headed by a Director who shall be appointed by the Governor.

C. All of the statutory authority, powers, functions, duties and responsibilities of the Bureau of Worker's Compensation are transferred to the Bureau of Worker's and Unemployment Compensation by Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

D. All of the statutory authority, powers, functions, duties and responsibilities of the Unemployment Agency are transferred to the Bureau of Worker's and Unemployment Compensation by Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

E. All of the statutory powers, functions, duties, and responsibilities of the Director of the Bureau of Worker's Compensation established in Chapter 2 of the Worker's Disability Compensation Act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being Section 418.201 et. seq. of the Michigan Compiled Laws, are transferred to the Director of the Bureau of Worker's and Unemployment Compensation by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

F. All of the statutory powers, functions, duties, and responsibilities of the Director of the Unemployment Agency created in Section 5 of the Michigan Employment Security Act, Act No. 1 of the Public Acts of 1936 (Ex. Sess.), as amended, being Section 421.5 of the Michigan Compiled Laws, and defined as the Director of Employment Security in Executive Order 1997-12 are transferred to the Director of the Bureau of Worker's and Unemployment Compensation by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

G. All of the statutory powers, functions, duties, and responsibilities of the Worker's Compensation Board of Magistrates established by Section 213 of the Worker's Disability Compensation Act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being Section 418.213 of the Michigan Compiled Laws, are transferred to the Bureau of Worker's and Unemployment Compensation.

H. All of the statutory authority, powers, functions, duties and responsibilities of the Wage and Hour Division in the Department of Consumer and Industry Services, including, but not limited to, those set forth in:

1. Act No. 154 of the Public Acts of 1964, as amended, being Sections 408.381 et. seq. of the Michigan Compiled Laws (Minimum Wage Law of 1964);

2. Act No. 390 of the Public Acts of 1978, as amended, being Sections 408.471 et. seq. of the Michigan Compiled Laws (Wage and Benefits Act);

3. Act No. 166 of the Public Acts of 1965, as amended, being Sections 408.551 et. seq. of the Michigan Compiled Laws (Prevailing Wage Act);

4. Act No. 90 of the Public Acts of 1978, as amended, being Sections 409.101 et. seq. of the Michigan Compiled Laws (the Youth Employment Standards Act); are transferred to the Bureau of Worker's and Unemployment Compensation by Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

III. MISCELLANEOUS

A. The Director of the Department of Consumer and Industry Services shall provide executive direction and supervision for the implementation of the transfers made under this Order. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Consumer and Industry Services.

B. The Director of the Department of Consumer and Industry Services shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

C. The Director of the Department of Consumer and Industry Services shall immediately initiate coordination with the Bureau of Worker's Compensation, the Unemployment Agency, the Worker's Compensation Board of Magistrates, and the Bureau of Safety and Regulation to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Bureau of Worker's Compensation and the Unemployment Agency.

D. All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available for the activities, power, duties, functions and responsibilities transferred by this Order are hereby transferred to the Bureau of Worker's and Unemployment Compensation.

E. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the year.

F. The Director of the Bureau of Worker's and Unemployment Compensation may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent such duty or power is delegated by the Director of the Bureau of Worker's and Unemployment Compensation.

G. All rules, orders, contracts and agreements relating to the functions transferred to the Bureau of Worker's and Unemployment Compensation by this Order by the responsible state agency shall continue to be effective until revised, amended or rescinded.

H. Any suit, action or other proceeding lawfully commenced by, against or before any entity effected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

I. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

J. The Bureau of Worker's Compensation, the position of Director of the Bureau of Worker's Compensation, the Unemployment Agency, and the position of Director of the Unemployment Agency are hereby abolished.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 7th day of February, in the Year of our Lord, Two Thousand Two.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Committee on Government Operations.

The following message from the Governor was received and read:

February 7, 2002

There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:

Michigan Gaming Control Board

Mr. Larry G. Garberding, 93 Lothrop Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, as a member representing the general public, succeeding Mr. Tom G. Denomme of Bloomfield Hills, who has resigned, for a term expiring on December 20, 2004.

Sincerely,

John Engler

Governor

The appointment was referred to the Committee on Government Operations.

Messages from the House

Senate Bill No. 541, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 51, 83, 86, 87, 89, 133, 151, and 205 (MCL 259.2, 259.3, 259.4, 259.5, 259.6, 259.7, 259.8, 259.9, 259.51, 259.83, 259.86, 259.87, 259.89, 259.133, 259.151, and 259.205), sections 2, 3, 4, 5, 6, 7, 8, 51, 83, 86, and 133 as amended by 1996 PA 370, sections 9 and 151 as amended by 2000 PA 382, and section 89 as amended by 1998 PA 81, and by adding sections 80g, 80h, 83a, 83b, 87a, 89a, 205a, and 205b; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Emmons moved that the rule be suspended.

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

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

Senator North offered the following amendment to the substitute:

1. Amend page 30, line 20, by striking out "April 1" and inserting "May 15".

The amendment to the substitute was 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. 46 Yeas--34

Bennett Garcia Leland Schwarz

Bullard Gast McCotter Scott

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom North Smith

DeGrow Hart Peters Stille

Dingell Hoffman Sanborn Van Regenmorter

Emerson Johnson Schuette Young

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Steil Vaughn

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 House of Representatives returned, in accordance with the request of the Senate

Senate Bill No. 505, 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," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 160.

Senator Emmons moved that rule 3.311 be suspended to permit reconsideration of the vote by which the House substitute, as amended, was concurred in.

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

Senator Emmons moved to reconsider the vote by which the House substitute, as amended, was concurred in.

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

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

Senator Emmons moved that rule 3.311 be suspended to permit reconsideration of the vote by which the amendments offered by Senator Van Regenmorter to the House substitute were adopted.

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

Senator Emmons moved to reconsider the vote by which the amendments offered by Senator Van Regenmorter to the House substitute were adopted.

The motion prevailed.

The question being on the adoption of the amendments to the substitute,

Senator Van Regenmorter withdrew the amendments.

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. 47 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Steil Vaughn

Not Voting--0

In The Chair: Schwarz

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

House Bill No. 5436, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in Tuscola county and Wayne county; to prescribe conditions for conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for the disposition of revenue derived from the conveyances.

The House of Representatives has amended the Senate substitute (S-2) as follows:

1. Amend page 5, following line 3, by inserting:

"Sec. 8a. The conveyances authorized by sections 1 and 6 shall be by quitclaim deed approved by the attorney general. The conveyances shall not reserve the mineral rights to the state; however, the conveyances shall provide that if the grantee derives any revenue from the development of any minerals found on, within, or under the conveyed property, the grantee shall pay 1/2 of that revenue to the state, for deposit in the Michigan natural resources trust fund.".

2. Amend page 5, line 10, by striking out all of line 10 through "acres." on line 1, page 6 and inserting:

"A parcel of land in the N 1/2 of sections 11 & 12, T1S, R8E, Northville Township, Wayne County, Michigan and more particularly described as commencing at the E 1/4 corner of said section 12; thence S86°48'28"W 1384.05 feet, on the E-W 1/4 line of said section 12 to the point of beginning of this description; thence S86°48'28"W 1300.57 feet, on said E-W 1/4 line to the center of said section 12; thence S86°53'56"W 2726.05 feet, on said E-W 1/4 line to the W 1/4 corner of said section 12; thence N84°54'43"W 2725.96 feet, on the E-W 1/4 line of said section 11 to the center of said section 11; thence N85°00'14"W 200.15 feet, on the E-W 1/4 line of said section 11; thence N01°29'26"E 1.14 feet; thence N00°00'34"W 72.00 feet; thence N49°05'26"E 131.49 feet; thence N23°49'26"E 94.98 feet; thence N07°25'34"W 69.92 feet; thence N32°28'34"W 81.37 feet; thence N15°56'34"W 309.92 feet; thence N64°56'07"W 282.85 feet; thence 2284.99 feet, on the arc of a curve to the left with a central angle of 122°12'37", a radius of 1071.28 feet, and a long chord bearing and distance of S53°56'34"W 1875.81 feet; thence S82°56'46"W 4.24 feet, to the east right of way line of the CSX railroad; thence N12°56'16"W 479.57 feet, on said railroad right of way to the E-W 1/4 line of said section 11; thence N12°56'16"W 1042.64 feet, on said railroad right of way; thence N38°54'25"E 299.77 feet; thence N83°24'25"E 145.50 feet; thence N69°54'25"E 198.00 feet; thence N39°24'25"E 99.30 feet; thence N62°24'25"E 108.87 feet; thence S62°50'35"E 103.70 feet; thence S41°34'35"E 205.39 feet; thence N63°04'10"E 169.60 feet; thence N89°07'10"E 74.80 feet; thence S36°20'50"E 344.00 feet; thence S36°20'50"E 106.31 feet; thence S68°13'14"E 188.90 feet; thence S82°35'18"E 67.44 feet; thence S88°15'37"E 1017.15 feet; thence N01°56'53"E 684.47 feet; thence S89°26'24"E 699.89 feet; thence S01°57'25"W 707.88 feet; thence S89°26'24"E 490.88 feet; thence N01°57'25"E 100.07 feet; thence N14°37'29"E 219.23 feet; thence S89°26'24"E 68.17 feet; thence N07°37'01"W 1045.59 feet, to the south right of way line of Seven Mile Road; thence S89°26'24"E 1202.88 feet, on said right of way to the east line of said section 11; thence N89°45'40"E 2643.20 feet, on said right of way to the N-S 1/4 line of said section 12; thence N84°12'47"E 1734.38 feet, on said right of way; thence N85°33'26"E 266.11 feet, on said right of way; thence S88°29'21"E 148.63 feet, on said right of way; thence N87°57'11"E 197.69 feet, on said right of way; thence S85°42'03"E 197.80 feet, on said right of way; thence S88°37'57"E 148.01 feet, on said right of way to the west right of way line of Haggerty Road; thence S00°00'12"W 350.00 feet, on said right of way; thence S89°59'48"W 10.00 feet, on said right of way; thence S00°00'12"W 806.77 feet, on said right of way; thence N89°59'48"W 651.16 feet; thence S54°17'10"W 793.19 feet; thence S01°37'45"W 942.94 feet, to the point of beginning, containing 422.62 acres.".

3. Amend page 6, line 3, after "N-24957" by inserting a comma and "as may be amended".

4. Amend page 6, following line 3, following subsection (3), by inserting:

"Sec. 9a. Not later than May 1, 2002, the department of management and budget shall provide a written report to the chairpersons of the house of representatives and senate appropriations committees on the progress of the sale of the property in section 9. This report shall describe the sale process or processes under section 9, subsection (2), which will be used, the name of the broker or brokers used in the sale, and other information to apprise lawmakers of the status of this sale. This report is in addition to other reporting requirements of this act or other state laws.".

5. Amend page 6, line 4, after "shall" by inserting "be by quitclaim deed approved by the attorney general and shall".

6. Amend page 6, line 12, after "oil" by striking out "and gas" and inserting a comma and "gas, and mineral".

7. Amend page 6, line 17, after "of" by striking out the balance of the line through "14," on line 18 and inserting "necessary buildings and facilities for patient care and related activities".

8. Amend page 6, line 19, after "need." by striking out "Rent" and inserting "Payment for deferred use of property".

9. Amend page 6, line 21, after "developer" by striking out the balance of the subdivision and inserting a period.

10. Amend page 6, following line 22, by inserting:

"Sec. 10a. The conveyance under section 9 is subject to all of the following:

(a) The department of community health shall not implement the closure of consolidation of the Northville psychiatric hospital until the community mental health service providers have programs and services in place for persons residing in the Northville psychiatric hospital.

(b) The closure or consolidation of the Northville psychiatric hospital is contingent upon adequate department-approved community mental health service provider program plans that include a discharge and aftercare plan for each person in the facility. A discharge and aftercare plan shall address the person's housing needs. A homeless shelter or similar temporary shelter arrangement is inadequate to meet the person's housing needs.

(c) By April 15, 2003, the department of community health shall submit to the house of representatives and senate appropriations committees a status report detailing, by the admitting community mental health service provider, the number of patients remaining in Northville psychiatric hospital.

(d) Four months after the certification of closure required in section 19(6) of the state employees' retirement act, 1943 PA 240, MCL 38.19, the department shall provide a closure plan to the house of representatives and senate appropriations committees.".

11. Amend page 7, line 4, by striking out all of section 13.

12. Amend page 7, line 12, by striking out "Sec. 14." and inserting "Sec. 13.".

13. Amend page 7, line 14, after "fund." by inserting "However, 5% of the net revenue from the sale authorized in section 9 shall be placed in a reserve fund to cover transitional costs. The department of community health shall provide the house of representatives and the senate appropriations subcommittees on community health with its transition plan for approval 9 months before the final closure of the facility.".

The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Emmons moved that the rule be suspended.

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

The question being on concurring in the House amendments made to the Senate substitute,

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

Roll Call No. 48 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Steil Vaughn

Not Voting--0

In The Chair: Schwarz

Senator Emmons moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senator Smith asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Smith's statement is as follows:

There isn't an opportunity in this bill to do an amendment that would try to avoid a repeat of the bid process on the sale of the fairgrounds in Detroit. I would like to make sure that the department understands the Legislature. When the department is confronted with two very desperate bids--two different appraisals on a piece of property--that differ by several millions of dollars, the department should go out for a third bid so that we have some idea of--third appraisal--where the property value might really lie, so that we get an accurate sale of the property, and the state realizes the dollars that should come to it and to the budget and the General Fund.

Senator Murphy entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Emmons moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 850

Senate Bill No. 851

Senate Bill No. 852

Senate Bill No. 853

Senate Bill No. 854

Senate Bill No. 855

Senate Bill No. 856

Senate Bill No. 857

Senate Bill No. 858

Senate Bill No. 862

Senate Bill No. 863

Senate Bill No. 864

Senate Bill No. 867

Senate Bill No. 869

Senate Bill No. 870

Senate Bill No. 866

House Bill No. 5009

Senate Bill No. 994

Senate Bill No. 966

Senate Bill No. 967

Senate Bill No. 968

Senate Bill No. 969

Senate Bill No. 970

Senate Bill No. 971

Senate Bill No. 972

Senate Bill No. 973

Senate Bill No. 976

Senate Bill No. 979

Senate Bill No. 980

Senate Bill No. 981

Senate Bill No. 982

Senate Bill No. 983

Senate Bill No. 984

Senate Bill No. 985

Senate Bill No. 986

Senate Bill No. 988

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 850, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 15 (MCL 41.735).

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. 49 Yeas--35

Bennett Garcia Leland Schwarz

Bullard Gast McCotter Scott

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom Murphy Smith

DeGrow Hart North Stille

Dingell Hoffman Peters Van Regenmorter

Emerson Johnson Sanborn Young

Emmons Koivisto Schuette

Nays--0

Excused--3

Dunaskiss Steil 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. 851, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 14a (MCL 42.14a), as amended by 1995 PA 212.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 50 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 852, 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 11c (MCL 46.11c), as amended by 1989 PA 30.

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. 51 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 853, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 36 of chapter VIII, sections 5, 21, and 25 of chapter IX, and sections 4 and 5 of chapter XII (MCL 68.36, 69.5, 69.21, 69.25, 72.4, and 72.5), section 36 of chapter VIII as amended by 1989 PA 28 and sections 5, 21, and 25 of chapter IX and sections 4 and 5 of chapter XII as amended by 1998 PA 254.

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. 52 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 854, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24b (MCL 78.24b), as amended by 1989 PA 29.

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. 53 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 855, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending sections 10 and 25 (MCL 107.10 and 110.25), section 10 as amended by 1983 PA 45.

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. 54 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 856, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies," by amending section 11j (MCL 123.961j), as amended by 1983 PA 29; and to repeal acts and parts of acts.

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. 55 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 857, entitled

A bill to amend 1994 PA 425, entitled "An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax," by amending sections 9 and 11 (MCL 123.1069 and 123.1071).

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. 56 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 858, entitled

A bill to amend 2000 PA 321, entitled "Recreational authorities act," by amending section 21 (MCL 123.1151).

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. 57 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 862, entitled

A bill to amend 1986 PA 59, entitled "Resort district rehabilitation act," by amending sections 8 and 14 (MCL 125.2208 and 125.2214), section 8 as amended by 1996 PA 209.

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. 58 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 863, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 4 (MCL 141.934), as amended by 1998 PA 528.

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. 59 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 864, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending sections 11 and 12 (MCL 207.631 and 207.632), as amended by 1993 PA 58.

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. 60 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 867, entitled

A bill to amend 1951 PA 266, entitled "The garbage disposal act," by amending sections 4 and 7 (MCL 123.364 and 123.367), section 7 as amended by 1983 PA 28.

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. 61 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 869, entitled

A bill to amend 1992 PA 173, entitled "Land reclamation and improvement authority act," by amending section 32 (MCL 125.2482).

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. 62 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 870, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 275, 278, 280, 434, 435, 479, and 531 (MCL 280.275, 280.278, 280.280, 280.434, 280.435, 280.479, and 280.531), section 280 as amended by 1983 PA 176 and section 434 as amended by 1980 PA 297.

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. 63 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 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).

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. 64 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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:

House Bill No. 5009, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 13 (MCL 722.633), as amended by 1996 PA 309.

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. 65 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil Vaughn

Not Voting--0

In The Chair: Schwarz

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 994, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," by amending section 3 (MCL 32.273).

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. 66 Yeas--34

Bennett Gast McCotter Schwarz

Byrum Goschka McManus Scott

Cherry Gougeon Miller Shugars

DeBeaussaert Hammerstrom Murphy Sikkema

DeGrow Hart North Smith

Dingell Hoffman Peters Stille

Emerson Johnson Sanborn Van Regenmorter

Emmons Koivisto Schuette Young

Garcia Leland

Nays--0

Excused--3

Dunaskiss Steil Vaughn

Not Voting--1

Bullard

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senator Miller asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Miller's statement is as follows:

Mr. President, you alluded to the fact that the Senate just recently passed Senate Bill No. 994, and it was one of the bills which was not part of that complex municipal bonding authority act. I wanted to thank the good chairman of the committee, Senator Goschka, for his response and support to help get Senate Bill No. 994 to the Senate floor.

To the membership here, it was a bill that is much needed for veterans who risk their lives every day to ensure our safety and liberty, and we just want to make sure that when they come home from active duty that their employment is ensured and that they have a place to go back to mainstream Michigan and America.

I know it was supported by the Department of Military and Veterans Affairs. And again I want to thank Senator Goschka for his quick response. It's a great bill, and it sends a message to all the veterans from Michigan that we want to make sure that they have a safe environment for employment when they come back from active duty.

The following bill was read a third time:

Senate Bill No. 966, entitled

A bill to amend 1937 PA 79, entitled "An act to authorize any municipality, as herein defined, to borrow money and issue notes in anticipation of the collection of revenues other than taxes and special assessments; and to prescribe the powers and duties of certain state departments, commissions, and officials," by amending sections 2, 3, and 4 (MCL 141.222, 141.223, and 141.224), section 3 as amended by 1983 PA 50; and to repeal acts and parts of acts.

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. 67 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 967, entitled

A bill to amend 1943 PA 143, entitled "An act to empower boards of county road commissioners to borrow money in anticipation and upon the faith and credit of future receipts of revenues, derived from certain state collected taxes, for the purpose of purchasing road machinery or equipment or for improvement of county highways or for general county road purposes," by amending sections 1 and 2 (MCL 141.251 and 141.252), section 1 as amended by 1983 PA 51; and to repeal acts and parts of acts.

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. 68 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 968, entitled

A bill to amend 1969 PA 121, entitled "An act to authorize counties, cities, townships and villages to issue bonds or notes, and pledge deferred income from sale of capital assets, due and payable but which has not been received, for the payment of principal and interest thereon; and to authorize the county, city, township or village to pledge its full faith and credit for the payment of the bonds or notes," by amending sections 2 and 3 (MCL 141.382 and 141.383), section 3 as amended by 1983 PA 52.

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. 69 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 969, entitled

A bill to amend 1985 PA 217, entitled "An act to establish an employee-owned corporation revolving loan fund; to prescribe the powers and duties of certain state departments and employee-owned corporations; and to make an appropriation," (MCL 450.801 to 450.815).

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. 70 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 970, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24e (MCL 211.24e), as amended by 1995 PA 42.

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. 71 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 971, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87c (MCL 211.87c), as amended by 1999 PA 123; and to repeal acts and parts of acts.

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. 72 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 972, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87b (MCL 211.87b), as amended by 1994 PA 189.

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. 73 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 973, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89 (MCL 211.89), as amended by 1982 PA 503.

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. 74 Yeas--34

Bennett Garcia McCotter Schwarz

Bullard Gast McManus Scott

Byrum Goschka Miller Shugars

Cherry Gougeon Murphy Sikkema

DeBeaussaert Hammerstrom North Smith

DeGrow Hart Peters Stille

Dingell Johnson Sanborn Van Regenmorter

Emerson Koivisto Schuette Young

Emmons Leland

Nays--0

Excused--3

Dunaskiss Steil Vaughn

Not Voting--1

Hoffman

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 976, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 4a, 5, and 5f (MCL 117.3, 117.4a, 117.5, and 117.5f), section 3 as amended by 1999 PA 260, section 4a as amended by 1994 PA 324, section 5 as amended by 1988 PA 268, and section 5f as amended by 1990 PA 231.

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. 75 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 979, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 33 (MCL 125.233), as added by 1996 PA 569.

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. 76 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 980, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 33 (MCL 125.303), as added by 1996 PA 570.

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. 77 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 981, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 15 (MCL 125.595), as added by 1996 PA 571.

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. 78 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 982, entitled

A bill to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending sections 17 and 47 (MCL 125.667 and 125.697), as amended by 1996 PA 338; and to repeal acts and parts of acts.

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. 79 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 983, entitled

A bill to amend 1949 PA 208, entitled "An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act," by amending sections 6a and 6b (MCL 125.946a and 125.946b), as amended by 1983 PA 38.

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. 80 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 984, entitled

A bill to amend 1923 PA 118, entitled "An act to authorize counties to raise by loan, expend from unallocated moneys on hand, or borrow money for permanent improvements, to issue bonds, and to levy taxes to the extent necessary for the repayment of the bonds," by amending section 1 (MCL 141.61).

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. 81 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 985, entitled

A bill to amend 1957 PA 57, entitled "An act to authorize cities and villages in Michigan to raise money by taxes or bond issue within certain limits for the purpose of establishing a local improvement revolving fund; providing for the use of moneys in the fund and the reimbursement of moneys used therefrom; and other matters relating to the creation of the fund and its use," by amending sections 1 and 3 (MCL 141.371 and 141.373).

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. 82 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 986, entitled

A bill to amend 1964 PA 205, entitled "An act authorizing the purchase by municipalities of fire trucks, fire fighting apparatus and equipment on executory title retaining contracts and under chattel mortgage financing," by amending section 1 (MCL 141.451).

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. 83 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil 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. 988, entitled

A bill to amend 2000 PA 147, entitled "Safe drinking water financial assistance act," by amending sections 3 and 4 (MCL 141.1453 and 141.1454).

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. 84 Yeas--35

Nays--0

Excused--3

Dunaskiss Steil Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

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 Goschka 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:

House Bill No. 5404, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 442 (MCL 380.442), as amended by 1985 PA 22.

House Bill No. 5405, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending section 4 (MCL 388.954), as amended by 1992 PA 228.

House Bill No. 5406, entitled

A bill to repeal 1973 PA 12, entitled "An act to provide for emergency financial assistance for school districts; to prescribe certain powers and duties of the intermediate board of education in connection therewith; to provide certain powers and duties of the state board of education in connection therewith; to create an emergency loan revolving fund; and to make an appropriation," (MCL 388.251 to 388.271).

House Bill No. 5407, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 629 (MCL 380.629), as amended by 1997 PA 152.

House Bill No. 5408, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 687 (MCL 380.687), as amended by 1995 PA 289.

House Bill No. 5409, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1215 (MCL 380.1215).

House Bill No. 5410, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1216 (MCL 380.1216), as amended by 1992 PA 236.

House Bill No. 5411, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1225 (MCL 380.1225), as amended by 1997 PA 152.

House Bill No. 4487, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 2201 (MCL 440.2201).

House Bill No. 4812, entitled

A bill to amend 1981 PA 155, entitled "An act to provide for ownership rights in dies, molds, and forms for use in the fabrication of plastic parts under certain conditions and to establish a lien on certain dies, molds, and forms," by amending sections 1 and 8a (MCL 445.611 and 445.618a), section 8a as added by 1986 PA 103, and by adding sections 9, 10, 10a, 10b, and 10c.

House Bill No. 5382, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 9201 (MCL 440.9201), as amended by 2000 PA 348.

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. 5118, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding sections 501a and 61505a.

Substitute (S-4).

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

1. Amend page 6, line 25, after "waters," by striking out "beds," and inserting "LAKE".

2. Amend page 6, line 26, after "Lakes" by striking out the balance of the line through "LAKES" on line 1 of page 7 and inserting a comma and "THE CONNECTED BAYS OR HARBORS OF THE GREAT LAKES, OR THE CONNECTING WATERWAYS AS DEFINED IN SECTION 32301,".

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.

Resolutions

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

Senate Concurrent Resolution No. 11

The motion prevailed.

Senators Sanborn, Garcia, Shugars, Bennett, Steil, Goschka, Hoffman, Emmons, Hammerstrom and Sikkema offered the following resolution:

Senate Resolution No. 163.

A resolution to urge Michigan's public colleges and universities to provide financial responsibility and debt education seminars to all incoming freshmen.

Whereas, In addition to facing an enormous array of new social and academic challenges, college freshmen are barraged with credit card applications and promotions. Along with the likelihood of incurring large loans to finance

their studies, young people very often run up credit card debt. News reports indicate that this is a substantial problem, especially when students receive multiple cards with cumulative credit limits that are frighteningly high; and

Whereas, The energy that credit card companies put into marketing their products to college students is difficult for many to resist. Unlike other target groups for credit, college students receive cards without income and without credit history. Offers of free items, interest-free or fee-free periods, and other strategies can serve to mask the seriousness of making the financial decision to own and use a credit card; and

Whereas, While the credit card, like other forms of credit, is a valuable and productive service and helpful to people in many ways, there are excesses that need to be balanced. Colleges routinely provide a wealth of non-academic information and advice to incoming freshmen in orientation presentations. Information is provided on health, safety, and many other issues. Clearly, there is a need for young people to hear the full story with regard to credit cards and debt. Everyone, the students, the institutions of learning, and the lenders themselves, will benefit from additional information going to new students to help them make the best decisions; now, therefore, be it

Resolved by the Senate, That we urge Michigan's public colleges and universities to provide financial responsibility and debt education seminars to all incoming freshmen; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's public colleges and universities.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Emmons 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 resolution,

Senator Emmons moved that the resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the resolution.

Senators Sanborn, Garcia, Shugars, Bennett, Steil, Goschka, Hoffman, Emmons, Hammerstrom and Sikkema offered the following resolution:

Senate Resolution No. 164.

A resolution to urge Michigan's public colleges and universities not to sell lists of students to credit card companies without prior approval of the students.

Whereas, Many people have expressed concerns over the increasing pressures being placed upon college students to obtain and use credit cards. While these financial devices are a valuable service when used responsibly, some students abuse this new-found freedom to use credit and place themselves in difficulties which can last many years. The promotional efforts of credit card companies can exert strong pressure on those who have only recently become adults; and

Whereas, It is a common practice for major businesses and public entities to provide lists of people in certain demographic groups to businesses wishing to distribute information or materials. Selling such lists is a source of income for a variety of organizations. This information is then used by businesses and service groups to target marketing efforts; and

Whereas, College students already face a wide range of new situations and challenges. To their credit, Michigan's colleges and universities offer helpful information to their students to ease the transition to adulthood and to encourage academic success. Public colleges and universities should not be adding to the pressures on students by selling lists of names to credit card companies. Instead, our institutions of higher learning ought to take stronger steps to educate young people on the responsible use of credit; now, therefore, be it

Resolved by the Senate, That we urge Michigan's public colleges and universities not to sell lists of students to credit card companies without prior approval of the students; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's public colleges and universities.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Emmons 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 resolution,

Senator Emmons moved that the resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Young was named co-sponsor of the resolution.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Miller, Scott, McManus, Gougeon, Sikkema and Stille asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Miller's statement is as follows:

I want to thank also the good Senator of Polish heritage, Senator Dingell, for the great delivery of paczki. And also, Mr. President, I, too, want to thank the great Senator who represents Hamtramck whose fine constituents are of Polish heritage. And being married to an outstanding woman of this heritage, I want to say that I had my share of paczki today. Thank you, Senator Scott.

Also, Mr. President, I want to bring to the attention of the body that last Thursday I had the privilege to address a group of Michigan's finest senior citizens who reside at the Warren Glenn Presbyterian Village located in the city of Warren. I accepted their invitation last Thursday from the League of Women Voters who had this open house at their senior citizen complex, and we talked about some of the issues pressing Michigan's government. We talked about a number of things: the environment, education, utilities, and cable TV, which has been under fire lately because of some of the rate increases, and I think maybe we might need to take a better look at it at the state level. But the number one concern--and when I touched on it, which they emphasized throughout the meeting, you could just see their blood pressure go up--was the ever-rising increase in prescription drugs, Mr. President.

In Michigan we have more and more senior citizens who do not have the luxury of us here or like the men and women across Michigan who receive some type of pension. We have many, many senior citizens in this great state who have no insurance whatsoever and are forced to maybe skip meals or skip medications because they cannot afford the cost of prescription drugs.

I send out this message--I told them that I would deliver this message to my colleagues here and that we have legislation that is pending here on the state level and also on the federal level. We need to find some solutions to help Michigan's senior population. They carried this state through a lot of difficult times, and now in their years of supposed relaxation, they do not have the funds to acquire medication that's necessary.

I hope that they are listening through their cable network back at the Presbyterian Village complex and that we can find some answers to help this aging population in Michigan. Michigan has 1.3 million residents who have no health care insurance whatsoever, Mr. President, and I think that this number is increasing year in and year out. I think that we need to help find some solutions to help especially the senior citizens in this great state. I hope that you'll print my comments, and I hope that some time in the near future before this lame-duck session ends that we can find legislation to help Michigan's finest group of senior citizens.

Senator Scott's statement is as follows:

I'd just like to thank everyone for enjoying the paczki from Hamtramck today. Hamtramck is just a wonderful city, so just go over and visit. They have everything in Hamtramck. They're in a little bit of a financial bind right now, so go over and help them out a little bit--spend some money. I'd like to thank my colleagues who preceded me with their comments about Paczki Day.

Also I'd like to echo Senator Miller's comments on senior citizens.

Have a good day everyone.

Senator McManus' statement is as follows:

This will be a statement regarding the oil drilling under the Great Lakes because I want to get it in today before we get into Third Reading tomorrow, in which case, I'll have some more to say.

Directionally drilling under the Great Lakes has not harmed the Great Lakes nor polluted hundreds of thousands of gallons of Great Lakes water. The oil companies never said they wanted to drill "in" the Great Lakes, nor did they say they wanted to drill at the waters edge or dot the entire shoreline area with drilling rigs. Yet that is what the public has been told by some of the environmental groups and politicians. We have current laws on the books that prohibit drilling at the waters edge or on the sand beaches or in the critical dunes or wetlands area. Many people who should know better are pushing their own agendas and spreading misinformation. Unfortunately, most people tend to not take the time to learn the facts. It is my fear that many individuals, including politicians, are taking those false facts as true.

The Michigan Chamber of Commerce and the Michigan United Conservation Club special committees have reviewed the issue of directional drilling under the Great Lakes, and those organizations have given their support of land-based directional drilling for oil and gas underneath the Great Lakes.

If you were to compile a list of real Great Lakes environmental problems or actual catastrophic events that have occurred during the last year that has stressed our environment and water quality, there would be dozens of items on that list. But nowhere on your list will appear water contamination from oil and gas drilling in or near the shore.

Directional drilling isn't anything new along the shoreline. In Manistee County, which is in my district, in the past three decades there have been 116 wells drilled within a mile of the Great Lakes shoreline from 77 surface locations, and 45 of these wells have been drilled at 29 surface locations located within 1,500 feet of the lake.

This should be a science-based issue, but it has become a political football--more than an environmental issue. During the past, it has been a common occurrence for the Legislature to pass many science-based issues to the Natural Resources Commission to study. They allow for public input, research, and hearings. The issue about drilling under the Great Lakes was studied many months by the NRC and approved in September, but the politicians in Washington, D.C., decided they wanted to play football. Then the Michigan Legislature also wanted to play football; so did many of the candidates for governor, and some even tried to pass it away.

What do we know that the Michigan Environmental Science Board doesn't? Some major experts have really looked into this issue and held that there really is no danger. People are afraid of what they don't understand, and the visions of the 1930s oil rigs spewing forth oil was a fear to many people. But they need to understand that this isn't 1930 and that all wells aren't oil wells. The public views all aquatic habitat destruction due to oil contamination a bad thing--which it is. But they are also classifying all gas wells in the same category. Remember, only one well drilled under the Great Lakes is an oil well. The rest are gas wells that you use for your kitchen stove or for heat in your house.

To quote one of our Presidents from the 1940s, "We have nothing to fear here but fear itself." The experts say it's safe to directionally drill under the Great Lakes. If lawmakers single out the oil and gas industry because of its political pressure, what's next?

Senator Gougeon's statement is as follows:

I wanted to rise primarily to respond to the distinguished colleague from the 10th District and his comments on Medicaid and prescription drugs. I couldn't agree more wholeheartedly with him. It remains a challenge for the Michigan Legislature to review Medicaid policies, particularly as to how those policies relate to pharmaceuticals. We have an opportunity here in this budget to leave a legacy, and that's exactly what I intend to do. As many of you have known, I've come up with many different ideas. Some of you have said that those ideas are dead on arrival. That's fine; we'll come up with more.

My statement is to those who would downplay what we're saying and downplay that fact that hospitals have not had a substantial increase in their rates in more than ten years, and doctors have not had a substantial increase in their rates in more than ten years. In fact, throughout this state many doctors, and moreso every day, are refusing to see Medicaid patients. My statement to them is, "What is your idea? What do you bring to the table other than 'no?' Do you bring 'no' and silence, or do you bring 'no' and here's a better idea?"

I'll be happy to keep coming up with idea after idea after idea because this is one Senator who views the problems that we have within Medicaid as important problems. They're problems that we need to address; problems that you will have and every one of your Senate districts will have when you go home this summer and find out the number of doctors and dentists who are not participating in Medicaid; the number of hospitals that are having to merge or otherwise close additions or close parts of their units because there are simply not enough dollars to deal with the situation.

It's our responsibility to deal with it now. We are attempting to do that. We recognize it as a significant problem not for one side--not for the Republican side, not for the Democrat side--but the legislative side of the Michigan Senate, the Michigan House, and this Governor working together to solve the problem we all know exists. We know the problem exists. Let's get busy; let's solve it.

Senator Sikkema's statement is as follows:

I rise to make some comments about the issue of directional drilling in the Great Lakes. I have nothing but respect for the Senator from the 36th District, but I do think the Senate and the public need to be aware of some things that were not mentioned.

When the current moratorium was put in place by Governor Engler, one of the things he did was he asked the Michigan Environmental Science Board, a group of scientists, to look at the issue and make some recommendations. That body did just that. They issued a series of 17 recommendations that were designed to protect not only the water of the Great Lakes, but also another important asset and that's the Michigan shoreline, the Great Lakes shoreline.

Now one of the problems we have today and one of the realities is that all of the recommendations of the Michigan Environmental Science Board have not been implemented. And, in fact, one of the key recommendations that they made the Department of Natural Resources and the Department of Environmental Quality have said they will not implement. The other recommendations have no standing in rule and no standing in law. They are subject to the decisions of the department whether they want to do them or not. So it is, I think, important and wise to say let's have the scientists make this decision, but here we have a case where the scientists' decision is not being followed. And that's one reason why I think it's important for the Legislature to act.

Another reason is that it would not be prudent for the Legislature to ignore the political realities of the day. And what I mean by that, Mr. President, is that to my knowledge all of the candidates for governor have said that they would oppose directional drilling for oil and gas underneath the Great Lakes. Now maybe in a different issue we wouldn't have to take that so seriously, but on this one we do because of the way we allow and regulate oil and gas development. That is, we lease land and then later on we make decisions about permits. The point here is that if we don't act as a Legislature to ban directional drilling, we are facing a situation where we would lease land for development today, and next year a new governor would deny a drilling permit. And all this is is Nordhouse #2. The state would clearly lose a takings case. We would have to go to the taxpayers and say we have to use your money to pay a lawsuit we just lost. That is unique to this issue because of the nature of the way we regulate oil and gas. We lease first and decide on drilling permits later. I don't think it would be prudent for us to not act.

It's not unprecedented for this state to say and declare that some areas of the state are off limits to oil and gas. We don't allow development in the Sand Lakes Quiet Area; we don't allow it in the Jordan River Valley; we don't allow it in the northern two-thirds of the Pigeon River Country; we don't allow it in the Mason Tract. There are many areas in the state because of the nature of the area, either environmentally or recreationally or because of the perception of that area with the public. There are many areas of this state that we declare off limits to oil and gas development. It's not unusual that we would do that, and here we have a case where we not only have one of the world's greatest resources, the lakes, but we have another resource at stake too, and that's the Great Lakes shoreline.

You know, this oil and gas isn't going anywhere. It's ironic, I think, for us to spend taxpayers' money as we do at the federal level to buy oil and gas, particularly oil, from overseas and put it into what we call strategic petroleum reserves when we could look at these reserves as strategic petroleum reserves. They're not going anywhere. They're going to stay there. This oil and gas isn't going to be taken by another state or by another country. It's going to be there until we decide it's the right time for us to extract it. And I would submit that it's far smarter for us to keep that as a reserve for a future emergency than to take it today.

Senator Stille's statement is as follows:

I, too, would just like to make brief comments on the issue of directional drilling. I respect very much the Senators from the 31st and the 36th Districts, and they have pointed out some significant information relative to this issue. One of the realities, however, is that we have nearly 7,000 wells down in this state. Only 13 of them go under the waters of Lake Michigan. Only 7 of those 13 produce anything. What I'm pointing out is that there's a small significance to the amount of exploration that has gone on under the waters or that potentially would go on in the future. And, quite honestly, the public is very concerned that if this was exploited to a higher degree that there, in fact, could be some potential danger.

Based upon just the data, the numbers of it, it does not justify further exploration. So I concur with the Senator from the 31st District that this is something that--you know, we passed here a resolution not last year, but the year before last, and it was my resolution that had those 17 recommendations in it, asking the commission to go ahead and put those into practice and hence put them into law, and that has never happened. So we're on record supporting the guidelines and, if you will, the regulation that we felt was important for any future exploration along the shoreline. They resisted--I guess you would say they refused--so this is the next best safest act.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Hart, Peters, DeBeaussaert, Emerson, Cherry, Byrum and Young introduced

Senate Bill No. 1095, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90h.

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

Senators Hammerstrom, Sanborn, Hart, North, Bennett, McCotter, Schwarz, Bullard, Byrum, Gougeon, Johnson, Gast, Goschka, Steil, Sikkema and Garcia introduced

Senate Bill No. 1096, entitled

A bill to amend 1937 PA 10, entitled "An act to define the use of travel aids by blind persons; to provide protection against accidents to such persons; to require instruction and examination in certain circumstances; and to provide penalties for violation hereof," by amending sections 1a and 2 (MCL 752.51a and 752.52), section 1a as added and section 2 as amended by 1986 PA 62.

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

Senators Hammerstrom, Sanborn, Hart, North, Bennett, McCotter, Shugars, Schwarz, Bullard, Byrum, Gougeon, Johnson, Goschka, Garcia, Sikkema and Steil introduced

Senate Bill No. 1097, 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 400.

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

Senators Hammerstrom, Sanborn, Hart, North, Bennett, McCotter, Shugars, Schwarz, Bullard, Byrum, Gougeon, Johnson, Gast, Goschka, Garcia, Sikkema and Steil introduced

Senate Bill No. 1098, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 1998 PA 539.

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

House Bill No. 4398, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2000 PA 297.

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. 5349, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2001 PA 74.

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

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

House Bill No. 5420, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 122 (MCL 389.122), as amended by 1984 PA 148.

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

The bill was read a first and second time by title.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5421, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 126 (MCL 389.126).

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

The bill was read a first and second time by title.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5422, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 127 (MCL 389.127), as added by 1982 PA 342.

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

The bill was read a first and second time by title.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5423, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 144 (MCL 389.144), as amended by 1990 PA 287.

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

The bill was read a first and second time by title.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5496, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403, 30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3, 7, 8, 9, 10, and 11 as amended and section 7a as added by 1990 PA 50, and by adding section 21; and to repeal acts and parts of acts.

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

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

House Bill No. 5506, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 204a (MCL 750.204a), as amended by 1998 PA 208.

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 Judiciary.

House Bill No. 5507, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 436 (MCL 750.436), as amended by 1988 PA 87.

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 Judiciary.

House Bill No. 5509, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411j (MCL 750.411j), as amended by 1997 PA 75.

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 Judiciary.

House Bill No. 5512, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543x.

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 Judiciary.

House Bill No. 5513, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701 and 4702 (MCL 600.4701 and 600.4702), section 4701 as amended by 2000 PA 184 and section 4702 as added by 1988 PA 104.

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 Judiciary.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 1029, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 448, 449, 450, 451, and 462 (MCL 750.448, 750.449, 750.450, 750.451, and 750.462).

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, Peters, 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

House Bill No. 4325, 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.

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, 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

House Bill No. 5033, 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 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, Peters, 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

House Bill No. 5389, 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 2001 PA 136, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.

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, Peters, 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

House Bill No. 5390, 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 363, and by adding sections 14a, 14b, 14c, 14d, 14f, 14g, 14h, 14j, 14m, and 14p to chapter XVII.

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, Schuette, Bullard, Peters, Dingell and Scott

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5391, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2001 PA 156, and by adding sections 13b, 13c, 13d, 13e, 13f, 13g, 13j, 13k, 13m, 13n, and 13p.

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, Peters, Dingell and Scott

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2001 PA 154, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

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, Peters, 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

House Bill No. 5449, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 145b, 448, 449, 450, and 462 (MCL 750.145b, 750.448, 750.449, 750.450, and 750.462).

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, Peters, Dingell and Scott

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Wednesday, February 6, 2002, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Van Regenmorter (C), McCotter, Bullard, Schuette, Peters, Dingell and Scott

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 920, entitled

A bill to authorize the state administrative board to convey certain property in Branch county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

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

The Committee on Local, Urban and State Affairs reported

House Bill No. 4028, entitled

A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; to transfer blighting property for development; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Shugars, Van Regenmorter and Miller

Nays: None

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

The Committee on Local, Urban and State Affairs reported

House Bill No. 5022, entitled

A bill to amend 1846 RS 65, entitled "Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages," by amending sections 8 and 47 (MCL 565.8 and 565.47), section 8 as amended by 1980 PA 488.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5023, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 1996 PA 459.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5024, entitled

A bill to amend 1879 PA 237, entitled "An act to provide for the execution, acknowledgment, and recording of contracts for the sale of land," by amending section 1 (MCL 565.351), as amended by 1991 PA 140.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5025, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 144 (MCL 560.144).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5186, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 1 (MCL 52.201); 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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Van Regenmorter and Miller

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 6, 2002, at 3:00 p.m., Room 405, Capitol Building

Present: Senators McCotter (C), Shugars, Van Regenmorter and Miller

Excused: Senator DeBeaussaert

The Committee on Transportation and Tourism reported

House Bill No. 5205, entitled

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

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, Steil, North, Leland and Hart

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation and Tourism submitted the following:

Meeting held on Tuesday, February 5, 2002, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Bullard (C), Steil, North, Leland and Hart

The Committee on Government Operations reported

Senate Bill No. 397, entitled

A bill to designate an official fossil of this state.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 884, entitled

A bill to amend 1919 PA 149, entitled "An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347,

relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress," by amending sections 7 and 8 (MCL 395.7 and 395.8).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 885, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 15 (MCL 400.15).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 886, entitled

A bill to amend 1921 PA 59, entitled "An act to relieve the county and state from the support of certain classes of aliens who are subject to deportation from the United States; making an appropriation therefor and providing penalties for the non-performance of duties under the provisions of this act," by amending section 2 (MCL 404.32).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 887, entitled

A bill to amend 1937 PA 329, entitled "An act providing for compensation to certain peace officers injured in active duty, and payment to surviving spouses and dependents in case of death arising from active duty; and to make an appropriation therefor," by amending section 3 (MCL 419.103).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 888, entitled

A bill to amend 1846 RS 21, entitled "Of specific state taxes and duties," by amending section 30 (MCL 446.30).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 889, entitled

A bill to amend 1933 PA 89, entitled "An act to prevent fraud, deception and imposition in the solicitation within the state of Michigan of the deposit of bonds, notes, debentures and other evidences of indebtedness under, and/or the consent of the holders or owners of such securities, to a protective committee agreement, and to prevent fraud, deception and imposition in the operations and activities of protective committees organized within the state of Michigan to act for and in behalf of the holders or owners of such securities, and for such purposes to create a commission to regulate and supervise the establishment and the operations of protective committees, depositaries under protective committee agreements, and solicitors for protective committee agreements; to authorize said commission to have supervision over defaulted bonds, notes, debentures, certificates of participation and similar evidences of indebtedness; to prescribe the powers and duties of such commission; to license members of protective committees, depositaries under protective committee agreements and solicitors for protective committee agreements; to regulate and supervise and control the solicitation by anyone of bonds, notes, debentures and all other similar evidences of indebtedness, issued by the maker of any security for the purpose of procuring the modification and/or amendment and/or foreclosure of any instrument in writing securing any issue of bonds, notes, debentures and all other similar evidences of indebtedness; to authorize such commission to act as custodian or receiver and appoint custodians, agents and managers of defaulted mortgage property under orders of court or otherwise; to prescribe penalties for violation of this act; and to repeal Act No. 37 of the Public Acts of the first extra session of 1932," by amending section 13 (MCL 451.313).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 890, entitled

A bill to amend 1909 PA 263, entitled "An act to authorize the Michigan dairymen's association to hold an annual meeting and such auxiliary meetings as may be determined by the association, and making an appropriation therefor," by amending section 2 (MCL 453.452).

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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 891, entitled

A bill to amend 1881 PA 182, entitled "An act to provide for the incorporation of pipe line companies, and to define their powers and duties," by amending sections 22, 23, and 24 (MCL 483.222, 483.223, and 483.224).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 892, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 204 and 208 (MCL 500.204 and 500.208).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 893, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2123, 2558, 6458, and 6461 (MCL 600.2123, 600.2558, 600.6458, and 600.6461), section 2558 as amended by 1996 PA 214.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 894, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 26a of chapter XIV and section 6 of chapter XVI (MCL 774.26a and 776.6), section 26a of chapter XIV as amended by 1980 PA 506.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 895, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending sections 49 and 61 (MCL 800.49 and 800.61).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 896, entitled

A bill to amend 1881 PA 181, entitled "An act to provide for the payment of interest on the educational funds, and to repeal section 10 of chapter 131 of the Compiled Laws of 1871, being compiler's section 3477," by amending section 1 (MCL 21.201).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 897, entitled

A bill to amend 1946 (1st Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending sections 7 and 8 (MCL 35.607 and 35.608).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 898, entitled

A bill to amend 1911 PA 44, entitled "An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act," by amending sections 3 and 4 (MCL 209.3 and 209.4), section 4 as amended by 2001 PA 36.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 899, entitled

A bill to amend 1917 PA 99, entitled "An act to provide for the construction, maintenance and improvement of federal aided roads; to authorize townships, good roads districts and counties to raise money by taxation and by loan for the purpose of contributing thereto; to validate and legalize proceedings heretofore taken to raise money for the purpose contemplated by this act; and to provide an appropriation for paying the state's portion of the expense incurred hereunder," by amending section 1 (MCL 249.1).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 900, entitled

A bill to amend 1921 PA 358, entitled "An act authorizing the state to reimburse counties and townships to the extent of 1/2 of the amounts spent by such counties and townships in connection with the destruction of grasshoppers and similar pests, making an appropriation therefor, and providing a tax to meet the same," by amending sections 2, 3, 4, and 5 (MCL 286.132, 286.133, 286.134, and 286.135).

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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 901, entitled

A bill to amend 1863 PA 140, entitled "An act to provide for the selection, care and disposition of the lands donated to the state of Michigan, by act of congress, approved July second, 1862, for the endowment of colleges for the benefit of agriculture and the mechanic arts," by amending sections 8 and 10 (MCL 322.178 and 322.180).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 902, entitled

A bill to amend 1909 PA 139, entitled "An act relative to the maintenance and construction of hospitals and sanatoria within the counties of this state and to provide a tax to raise moneys therefor," by amending section 5 (MCL 331.105).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 903, entitled

A bill to amend 1909 PA 269, entitled "An act to revise the laws relating to Michigan state university; and to prescribe the powers and duties of the board of trustees of Michigan state university," by amending section 20 (MCL 390.120).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 904, entitled

A bill to amend 1931 PA 96, entitled "An act to provide for the construction and maintenance of non-trunk line roads located within the limits of a United States forest," by amending section 3 (MCL 249.33).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 905, entitled

A bill to amend 1859 PA 143, entitled "An act relative to the university interest fund," by amending section 1 (MCL 21.211).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 906, entitled

A bill to amend 1901 PA 232, entitled "An act to extend aid to the Michigan state college of agriculture and applied science," by amending section 4 (MCL 390.224); and to repeal acts and parts of acts.

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

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 907, entitled

A bill to amend 1925 PA 177, entitled "An act to protect and promote the public health and welfare, and to provide for the construction, maintenance and operation of hospitals and sanatoriums for the treatment of tuberculosis; and to make an appropriation therefor," by amending sections 9 and 14 (MCL 332.159 and 332.164).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 908, entitled

A bill to amend 1947 PA 4, entitled "An act to authorize and provide for the borrowing of $270,000,000.00 to make payments to persons who served in the military, naval, marine or coast guard forces of the United States, including women serving in auxiliary branches thereof, or to their next of kin or estates, and the issuance of certain serial bonds and serial notes for such indebtedness; to create a veterans' military pay fund and a veterans' bond redemption fund; to pledge the full faith and credit of the state; to provide for the payment of principal and interest on such serial obligations; to make appropriations therefor; and to make such serial notes and serial bonds exempt from taxation," by amending section 1 (MCL 35.901).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 909, entitled

A bill to amend 1947 PA 12, entitled "Veterans' military pay act," by amending section 8 (MCL 35.928).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 910, entitled

A bill to amend 1955 PA 8, entitled "Korean veterans' military pay fund act of 1955," by amending sections 7 and 9 (MCL 35.977 and 35.979).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 911, entitled

A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending section 5 (MCL 286.255).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 912, entitled

A bill to amend 1905 PA 311, entitled "An act with respect to the furnishing of bonds by state officers, their deputies, and officers of state institutions; to provide for the payment of the cost of such bonds, and to prescribe the places of filing the same," by amending sections 1 and 2 (MCL 15.71 to 15.72).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 913, entitled

A bill to amend 1846 RS 60, entitled "Of the superintendence and disposition of the public lands," by amending section 19 (MCL 322.319).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 914, 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).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 915, entitled

A bill to amend 1933 PA 162, entitled "An act to provide for the levy of certain additional taxes in municipal school districts," by amending section 5 (MCL 211.255).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 916, entitled

A bill to amend 1943 PA 92, entitled "An act to protect the interest of the public, acquired other than through taxation, in lands under the jurisdiction and control of the state land office board and department of conservation, and to make an appropriation therefor," by amending sections 1, 2, 3, and 4 (MCL 211.371, 211.372, 211.373, and 211.374).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 917, entitled

A bill to amend 1907 PA 130, entitled "An act to provide for refunding to purchasers the price paid to the state on sale of land by the commissioner of the state land office, under section 131 of Act 206 of Public Acts of 1893, as amended by Act 141 of Public Acts of 1901, in cases where the land sold did not belong to the class of lands liable to sale thereunder; for cancelling the conveyance of such lands to the state and restoring the tax liens thereon in favor of the state, which were erroneously cancelled," by amending sections 1, 2, 3, and 4 (MCL 211.451, 211.452, 211.453, and 211.454).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 918, entitled

A bill to amend 1897 PA 263, entitled "An act to authorize the auditor general to accept payment of taxes and charges from the owner of any description of land held by the state as state tax lands," by amending section 1 (MCL 211.541).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1019, entitled

A bill to amend 1962 PA 213, entitled "An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof," by repealing section 4 (MCL 287.174).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1020, entitled

A bill to amend 1917 PA 74, entitled "An act to fix standards for climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and to punish violations of the same," by amending section 4 (MCL 290.134).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1025, entitled

A bill to repeal 1865 PA 165, entitled "An act making it obligatory upon banks and bankers in this state to stamp counterfeit, altered and worthless bank bills," (MCL 487.651 to 487.652).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1026, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 502 (MCL 750.502).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1027, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 41 (MCL 750.41).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1030, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 442, 443, 444, 445, 446, and 447 (MCL 750.442, 750.443, 750.444, 750.445, 750.446, and 750.447).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1031, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2000 PA 279.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1032, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 409 (MCL 750.409).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1034, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 348 (MCL 750.348).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1035, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as added by 1998 PA 317.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1036, entitled

A bill to amend 1929 PA 269, entitled "An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909," by amending section 3 (MCL 430.53).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1037, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 494 (MCL 750.494).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1038, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 517 (MCL 750.517).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1039, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 516 (MCL 750.516).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1040, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 514 (MCL 750.514).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1041, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), 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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 1042, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 513 (MCL 750.513).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1043, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 473.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1044, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 179 (MCL 750.179).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1045, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2000 PA 279.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1046, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 366 (MCL 750.366).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1047, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1048, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 266 (MCL 750.266).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1049, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as added by 1998 PA 317.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1050, 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 amending section 1 (MCL 393.101).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1052, entitled

A bill to repeal 1976 PA 340, entitled "An act to create a municipal fire service classification board; to prescribe the powers and duties of certain state agencies and officials; to provide for the evaluation of fire service delivery systems; to establish a fire service classification scale; to provide recommendations for the improvement of the capabilities of fire service delivery systems to improve life safety and to reduce fire losses for the citizens of this state; to provide for the promulgation of rules; and to provide for the administration of this act," (MCL 28.651 to 28.657).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1053, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2000 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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

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

The Committee on Government Operations reported

Senate Bill No. 1054, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 57 (MCL 211.57), as amended by 1999 PA 123.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1055, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 30a (MCL 205.30a), as amended by 1995 PA 116.

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1056, entitled

A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 1057, entitled

A bill to amend 1925 PA 12, entitled "An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith," by repealing section 2 (MCL 250.112).

With the recommendation that the bill pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No. 5216, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 31, 770, 770a, 771, 773, and 794a (MCL 168.2, 168.31, 168.770, 168.770a, 168.771, 168.773, and 168.794a), section 2 as amended by 1999 PA 216, section 31 as amended by 1999 PA 220, and section 794a as amended by 1995 PA 261, and by adding section 37; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Sikkema and Miller

Nays: Senator Byrum

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

The Committee on Government Operations reported

House Bill No. 5335, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 558, 561, 590f, 691, and 696 (MCL 168.2, 168.558, 168.561, 168.590f, 168.691, and 168.696), section 2 as amended by 1999 PA 216, section 558 as amended by 1999 PA 217, and section 590f as added by 1988 PA 116, and by adding section 560b; 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.

Thaddeus G. McCotter

Chairperson

To Report Out:

Yeas: Senators McCotter, Hammerstrom, Byrum and Miller

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submitted the following:

Meeting held on Thursday, February 7, 2002, at 1:00 p.m., Room 110, Farnum Building

Present: Senators McCotter (C), Hammerstrom, Sikkema, Byrum and Miller

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Joint Meeting held on Thursday, February 7, 2002, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Gast (C), Schwarz, McManus, Johnson, Hoffman, North, Gougeon, Bennett, Goschka, Smith, Koivisto, Young, Murphy, DeBeaussaert and Dingell

Excused: Senator Stille

Scheduled Meetings

Appropriations - Wednesday, February 13, 2:00 p.m., and Tuesday, February 19, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Community Colleges - Wednesdays, February 13, 12:30 p.m., and February 20, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Community Health - Tuesday, February 21, 1:30 p.m. and Monday, March 11, 3:00 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower (373-1777)

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)

Environmental Quality - Tuesdays, February 19, 3:00 p.m. or later immediately following the Senate Appropriations Committee meeting; February 26 and March 5, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7350)

Higher Education - Friday, February 15, 10:00 a.m., Saginaw Valley State University, 7400 Bay Road, Curtiss Hall, Emeriti Room, University Center; Friday, February 22, 9:30 a.m., Oakland University, Library Drive, 242 Elliott Hall, Rochester; Friday, March 1, 10:00 a.m., Calvin College, 3201 Burton S.E., Hekman Library, Meeter Center Lecture Hall, Grand Rapids; and Friday, March 8, 9:30 a.m., University of Michigan-Ann Arbor, 909 S. University Drive, William L. Clements Library, Ann Arbor (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)

School Aid and Department of Education - Wednesdays, February 13, 3:00 p.m. or later immediately following the Senate Appropriations Committee meeting, and February 20, 2:00 p.m.; Tuesdays, February 26 and March 5, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1635)

Banking and Financial Institutions - Thursday, February 14, 9:00 a.m., Room 210, Farnum Building (373-2420)

Farming, Agribusiness and Food Systems - Wednesday, February 20, 1:00 p.m., Room 405, Capitol Building (373-1725)

Financial Services - Wednesday, February 13, 9:30 a.m., Room 100, Farnum Building (373-1758)

Judiciary - Wednesday, February 13, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-6920)

Technology and Energy - Wednesday, February 13, 1:30 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower (373-0797)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 11:54 a.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, February 13, 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--present	Koivisto--present	Sikkema--present
Dingell--present	Leland--present	Smith--present
Dunaskiss--excused	McCotter--present	Steil--excused
Emerson--present	McManus--present	Stille--present
Emmons--present	Miller--present	Van Regenmorter--present
Garcia--present	Murphy--present	Vaughn--excused
Gast--present	North--present	Young--present

Bennett	Garcia	Leland	Schwarz
Bullard	Gast	McCotter	Scott
Byrum	Goschka	McManus	Shugars
Cherry	Gougeon	Miller	Sikkema
DeBeaussaert	Hammerstrom	North	Smith
DeGrow	Hart	Peters	Stille
Dingell	Hoffman	Sanborn	Van Regenmorter
Emerson	Johnson	Schuette	Young