No. 70
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Tuesday, October 16, 2001.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Dick Posthumus.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Bennett--present | Gougeon--present | Peters--present |
Bullard--present | Hammerstrom--present | Schuette--present |
Byrum--present | Hart--excused | Schwarz--present |
Cherry--present | Hoffman--excused | Scott--present |
DeBeaussaert--present | Johnson--present | Shugars--present |
DeGrow--present | Koivisto--present | Sikkema--present |
Dingell--present | Leland--present | Smith--present |
Dunaskiss--present | McCotter--present | Steil--present |
Emerson--present | McManus--present | Stille--present |
Emmons--excused | Miller--present | Van Regenmorter--present |
Garcia--present | Murphy--present | Vaughn--excused |
Gast--present | North--present | Young--present |
Goschka--present
Senator Dale L. Shugars of the 21st District offered the following invocation:
Heavenly Father, Creator of all universe, with knowledge of all, Master of all love, Father, we ask You to be with us today as we make decisions for all citizens in Michigan. Give us wisdom, give us guidance, and give us strength to do Your will.
Father, we ask You to be with the President, George W. Bush, and his advisers as they are dealing with a very difficult issue in the world. And let us be mindful that we are all doing this for justice and self-defense. Father, we ask You to be with Senator McManus and his family as his brother passed on. Give them comfort, and give them peace.
Father, we want to thank You for all the blessings You've given us. In Your name we pray. Amen.
Motions and Communications
The following communication was received:
West Virginia House of Delegates
September 21, 2001
Transmitted herewith is a certified copy of House Resolution 1, which was adopted during a recent Extraordinary Session of the West Virginia Legislature.
I am directed by the resolution to forward copies to the Presiding Officers of the State Legislatures, and am forwarding the copy directly to you for notation or presentation to your Presiding Officer.
Thank you.
Gregory M. Gray
Clerk of the House
The communication was referred to the Secretary for record.
The following communication was received:
Office of the Auditor General
October 11, 2001
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of Early Intervention Services for Delinquent Youths, Judiciary and Family Independence Agency, October 2001.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 11:
House Bill Nos. 4641 4733 4760 4761 4825 5092
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 11, for his approval the following bill:
Enrolled Senate Bill No. 602 at 2:43 p.m.
The Secretary announced the printing and placement in the members' files on Thursday, October 11, of:
Senate Bill Nos. | 693 | 694 | 695 | 696 | 697 | |||||||||
House Bill Nos. | 5147 | 5148 | 5149 | 5150 | 5151 | 5152 | 5153 | 5154 | 5155 | 5156 | 5157 | 5158 | 5159 | 5160 |
5161 | 5162 | 5263 | 5164 | 5165 | 5166 | 5167 | 5168 | 5169 | 5170 | 5171 | 5172 | 5173 | 5174 | |
5175 | 5176 | 5177 | 5178 | 5179 | 5180 | 5181 | 5182 | 5183 | 5184 | 5185 | 5186 |
The Secretary announced the printing and placement in the members' files on Friday, October 12, of:
Senate Bill Nos. 698 699 700 701 702 703 704
House Bill Nos. 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204
Senator Hammerstrom moved that Senators Gast and Goschka be temporarily excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that Senator Hoffman be excused from today's session.
The motion prevailed.
Senators Sikkema and Gast entered the Senate Chamber.
Senator Emerson moved that Senator Murphy be temporarily excused from today's session.
The motion prevailed.
Senator Emerson moved that Senator Hart be excused from today's session.
The motion prevailed.
Senator Emerson moved that Senator Vaughn be excused from this week's sessions.
The motion prevailed.
Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle, and the Gallery.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:06 a.m.
10:13 a.m.
The Senate was called to order by the President pro tempore, Senator Schwarz.
During the recess, Senator Johnson introduced to the Senate Lon Bone of T&C Federal Credit Union of Bloomfield Hills, Walter Sanders of Oakland Catholic Credit Union of Troy, Linda Williams of Credit Union One of Ferndale, and Ron Hale and Dave Russell of Suburban Family Credit Union of Farmington.
Senator Garcia presented David Adams, Michigan Credit Union League President and CEO, with Senate Resolution 113, commemorating Michigan Credit Union Week.
Mr. Adams responded briefly.
Messages from the Governor
The following message from the Governor was received:
Date: October 12, 2001
Time: 10:47 a.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No. 602 (Public Act No. 124), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 811e (MCL 257.811e), as added by 2000 PA 77, and by adding sections 217m and 217n.
(Filed with the Secretary of State on October 12, 2001, at 11:00 a.m.)
Respectfully,
Richard E. Posthumus
Acting and Lieutenant Governor
The following messages from the Governor were received and read:
October 11, 2001
There are herewith presented for consideration and confirmation by the Senate, the following appointments and reappointment to office:
Michigan Travel Commission
Mr. Steven K. Hamp, 1520 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, as a member representing the travel industry, succeeding himself, for a term expiring on August 20, 2005.
Mr. James M. Garavaglia, 5160 Pheasant Trail, Ann Arbor, Michigan 48105, county of Washtenaw, as a member representing the travel industry, succeeding Ms. Felicia V. Fairchild of Saugatuck, whose term has expired, for a term expiring on August 20, 2005.
Ms. Jennifer M. Fischer, 4130 Pontiac Trail, Orchard Lake, Michigan 48323, county of Oakland, as a member representing the private sector, succeeding Ms. Linda Gobler of Williamston, whose term has expired, for a term expiring on August 20, 2005.
Mr. Frederick Feliciano, 410 North Vernon, Dearborn, Michigan 48128, county of Wayne, as a member representing the private sector, succeeding Mr. Herbert F. Teichman of Eau Claire, whose term has expired, for a term expiring on August 20, 2005.
Mr. Andy McLemore, Jr., 1980 Strathcona Drive, Detroit, Michigan 48203, county of Wayne, as a member representing the private sector, succeeding Mr. Donald A. Coleman of Southfield, who has resigned, for a term expiring on August 20, 2003.
October 15, 2001
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:
Michigan Tax Tribunal
Mr. Kimbal R. Smith III, 2300 Montego Drive, Lansing, Michigan 48912, county of Ingham, as a member representing attorneys with 5 years tax experience, succeeding himself, for a term expiring on June 30, 2005.
Ms. Karen B. McComb, 14120 Myers Road, DeWitt, Michigan 48820, county of Clinton, as a member representing certified public accountants, succeeding Mr. Charles C. Fuller of East Lansing, whose term has expired, for a term expiring on June 30, 2005.
Sincerely,
John Engler
Governor
The appointments were referred to the Committee on Government Operations.
Senators Goschka and Murphy entered the Senate Chamber.
Messages from the House
Senate Bill No. 404, entitled
A bill to amend 1982 PA 220, entitled "Michigan family farm development act," by amending section 29 (MCL 285.279).
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 344 Yeas--30
Bennett | Emerson | McManus | Shugars |
Bullard | Gast | Miller | Sikkema |
Byrum | Goschka | North | Smith |
Cherry | Gougeon | Peters | Steil |
DeBeaussaert | Hammerstrom | Schuette | Stille |
DeGrow | Koivisto | Schwarz | Van Regenmorter |
Dingell | Leland | Scott | Young |
Dunaskiss McCotter
Nays--0
Excused--5
Emmons Hoffman Murphy Vaughn
Hart
Not Voting--2
Garcia Johnson
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Garcia stated that had he been present when the vote was taken on concurring in the House substitute to the following bill, he would have voted "yea":
Senate Bill No. 404
The President, Lieutenant Governor Posthumus, resumed the Chair.
Senate Bill No. 405, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 459.
Substitute (H-2).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 345 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 406, entitled
A bill to amend 1980 PA 497, entitled "Construction lien act," by amending section 110 (MCL 570.1110), as amended by 1982 PA 17.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 346 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 410, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2157, 52908, and 76107 (MCL 324.2157, 324.52908, and 324.76107), section 2157 as added by 1995 PA 60, section 52908 as added by 1995 PA 57, and 76107 as added by 1995 PA 58.
Substitute (H-3).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 347 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 402, entitled
A bill to amend 1976 PA 223, entitled "An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties," by amending section 16 (MCL 18.366), as amended by 1996 PA 519.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 348 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 403, 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 2000 PA 492.
(For text of amendment, see Senate Journal No. 68, p. 1763.)
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 349 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 407, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2000 PA 279.
Substitute (H-2).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 350 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 408, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending section 47 (MCL 125.1447).
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 351 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 409, 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 2000 PA 492.
Substitute (H-3).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 352 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 411, 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 2000 PA 412.
Substitute (H-4).
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. 353 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Hammerstrom moved that the following bill be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4513
The motion prevailed.
The following bill was read a third time:
House Bill No. 4513, entitled
A bill to repeal 1913 PA 184, entitled "An act to regulate the business of selling farm products on commission, providing all commission merchants dealing in farm products shall be licensed, to provide against and punish fraud and deception in the sale of farm products on commission, and defining the duties of the state dairy and food commissioner relative thereto," (MCL 445.331 to 445.341).
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. 354 Yeas--33
Bennett | Garcia | McCotter | Scott |
Bullard | Gast | McManus | Shugars |
Byrum | Goschka | Miller | Sikkema |
Cherry | Gougeon | Murphy | Smith |
DeBeaussaert | Hammerstrom | North | Steil |
DeGrow | Johnson | Peters | Stille |
Dingell | Koivisto | Schuette | Van Regenmorter |
Dunaskiss | Leland | Schwarz | Young |
Emerson
Nays--0
Excused--4
Emmons Hart Hoffman Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Hammerstrom moved that consideration of the following concurrent resolution be postponed for today:
Senate Concurrent Resolution No. 11
The motion prevailed.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 119
The resolution consent calendar was adopted.
Senators Gougeon, Goschka, Stille, McManus, Van Regenmorter, Steil, North, Schuette, Garcia, Hammerstrom, Gast, Bennett, Sikkema, Johnson, Bullard, Shugars, Dunaskiss and DeBeaussaert offered the following resolution:
Senate Resolution No. 119.
A resolution to honor K-9 State Trooper Fix on the occasion of his retirement from the Bay City State Police Post.
Whereas, State Trooper Fix began his tenure as a K-9 trooper at the Bay City State Police Post in 1995, and after a short while, found his permanent home with handler Trooper Joseph LaBelle; and
Whereas, On the first tracking Fix was assigned to, he was able to successfully apprehend a homicide suspect in the city of Saginaw, therefore, starting his career off on a stellar note; and
Whereas, During his first six months of duty, Trooper Fix was also placed on the case to track a suspected murderer, who was one of Michigan's top ten most wanted individuals, and was able to find him with the help of a SWAT Team in Clare County after a three-mile track; and
Whereas, In the winter of 1995, Fix continued his success as a K-9 trooper and was able to disarm a suspect in Gladwin County, who had assaulted a family member, and held the individual until the SWAT Team could reach the site; and
Whereas, During August 1998, Trooper Fix captured an attempted homicide suspect in Ogemaw County, and again, disarmed the criminal and held him until the SWAT Team was able to arrest the man; and
Whereas, In March 1999, Fix, while en route to a tracking in northern Michigan, was hit by a snowplow during a blizzard. He was badly injured, and the Department of State Police was prompted to consider retiring him; and
Whereas, Against all odds, he underwent surgery at the Veterinary Hospital at Michigan State University, where he was given a 30 percent chance of full recovery; and
Whereas, After almost seven months of rehabilitation, Trooper Fix was brought back to his home in Bay City and began the second half of his amazing career as a K-9 trooper; and
Whereas, Fix continued his amazing career in July 2000 by locating a suspect who had assaulted a sheriff in Arenac County, while working with a SWAT Team and led them to the swamp where the criminal was hiding; and
Whereas, In one of his most heroic efforts after his injury, Fix saved the life of an elderly man with Alzheimer's by tracking him down after he was reported missing during a snowstorm in December 2000; and
Whereas, During the last track Trooper Fix was part of in September 2001, after a three-mile pursuit, he apprehended an individual who had broken free from the Saginaw County Sheriff's Department and had eluded the authorities; and
Whereas, Fix has been honored by his community on many occasions, specifically for his impressive record as a narcotics dog and an instructional tool in community safety programs; and
Whereas, Since 1995, K-9 Trooper Fix has shared his life with Trooper Joseph LaBelle and his family; now, therefore, be it
Resolved by the Senate, That we hereby honor K-9 State Trooper Fix on the occasion of his retirement from the Bay City State Police Post and his handler Trooper Joseph LaBelle; and be it further
Resolved, That a copy of this resolution be transmitted to Trooper Joseph LaBelle as evidence of our respect and heartfelt thanks.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 31.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Agriculture Animal Health Diagnostic Laboratory.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Department of Agriculture Animal Health Diagnostic Laboratory located in Ingham County (the "Facility") is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Agriculture Animal Health Diagnostic Laboratory shall not exceed $58,000,000 (the Authority share is $57,999,900 and the State General Fund/General Purpose share is $100), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $57,999,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $4,895,000 and $6,120,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 32.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Community Health Center for Forensic Psychiatry.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Center for Forensic Psychiatry located in Washtenaw County (the "Facility") is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Community Health Center for Forensic Psychiatry shall not exceed $95,100,000 (the Authority share is $95,099,900 and the State General Fund/General Purpose share is $100), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $95,099,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $8,025,000 and $10,035,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 33.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Multilevel Correctional Facility at Ionia.
Whereas, 1998 PA 273 originally established the Department of Corrections Multilevel Correctional Facility at Ionia (the "Facility") at a Total Facility Cost of $70,000,000, of which the State Building Authority (the "Authority") share is $32,999,900, the State General Fund/General Purpose share is $100, and the Federal Restricted Funds share is $37,000,000; and
Whereas, 1998 PA 538 increased the Total Facility Cost to $82,000,000, with the State Building Authority share remaining at $32,999,900, the Federal Restricted Funds share increasing to $49,000,000, and the State General Fund/General Purpose share remaining at $100; and
Whereas, 1999 PA 137 decreased the Total Facility Cost to $80,500,000, with the State Building Authority share decreasing to $31,499,900, the Federal Restricted Funds share remaining at $49,000,000, and the State General Fund/General Purpose remaining at $100; and
Whereas, 1999 PA 265 maintained the same Total Facility Cost of $80,500,000, but increased the State Building Authority share to $33,479,900 and decreased the Federal Restricted Funds share to $47,020,000. The State General Fund/General Purpose share remained at $100; and
Whereas, 2000 PA 291 increased the Authority's share of the Facility by $1,100,000 and decreased the Federal Restricted Funds share by $1,100,000, reestablishing the Total Facility Cost of $80,500,000, of which the Authority's share was $34,579,900, the State General Fund/General Purpose share remained at $100, and the Federal Restricted Funds share was $45,920,000; and
Whereas, 2001 PA 45 increased the Authority's share of the Facility by $24,000,000 and decreased the Federal Restricted Funds share by $24,000,000, maintaining a Total Facility Cost of $80,500,000, of which the Authority's share is now $58,579,900, the State General Fund/General Purpose share remains at $100, and the Federal Restricted Funds share is now $21,920,000; and
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority; and
Whereas, The site for the Multilevel Correctional Facility at Ionia located in Ionia County is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Corrections Multilevel Correctional Facility at Ionia shall not exceed $80,500,000 (the Authority share is $58,579,900, the State General Fund/General Purpose share is $100, and the Federal Restricted Funds share is $21,920,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $58,579,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $4,940,000 and $6,180,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 34.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Parnall Correctional Facility Additional Housing Unit.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Parnall Correctional Facility Additional Housing Unit located in Jackson County (the "Facility") is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Corrections Parnall Correctional Facility Additional Housing Unit shall not exceed $4,960,000 (the Authority share is $4,960,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $4,960,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $420,000 and $525,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
The President pro tempore, Senator Schwarz, resumed the Chair.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 35.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Central Michigan University relative to the Central Michigan University Health Professions Building.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Central Michigan University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Health Professions Building (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Central Michigan University Health Professions Building shall not exceed $50,000,000 (the Authority share is $37,499,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $12,500,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $37,499,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $3,165,000 and $3,960,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Central Michigan University and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 36.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Gogebic Community College relative to the Gogebic Community College General Campus Renovations.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Gogebic Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the General Campus Renovations (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Gogebic Community College General Campus Renovations shall not exceed $1,400,000 (the Authority share is $699,800, the State General Fund/General Purpose share is $200, and the State Lump Sum Planning Account share is $700,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $699,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $55,000 and $75,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Gogebic Community College, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 37.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Grand Valley State University relative to the Grand Valley State University Health Professions Building.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Grand Valley State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Health Professions Building (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Grand Valley State University Health Professions Building shall not exceed $53,000,000 (the Authority share is $37,099,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $15,900,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $37,099,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $3,130,000 and $3,915,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Grand Valley State University, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 38.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the School District of the City of Dearborn relative to the Henry Ford Community College Instructional/Classroom Renovations.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of (i) the School District of the City of Dearborn (the "School District"), which has created Henry Ford Community College (the "College") and operates the College as a community college pursuant to 1976 PA 451, as amended, as permitted by Section 7 of Article VIII of the Michigan Constitution, (ii) the State Administrative Board, and (iii) the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land on which the College is located and which is owned by the School District may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the College's Instructional/Classroom Renovations (the "Facility") is currently owned by the School District; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the College pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the School District has been prepared providing for the leasing of the Facility by the Authority to the State and the School District (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Henry Ford Community College Instructional/Classroom Renovations shall not exceed $9,856,000 (the Authority share is $4,927,800, the State General Fund/General Purpose share is $200, and the School District share is $4,928,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $4,927,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the School District and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $415,000 and $520,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the School District, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the School District, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 39.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Oakland University relative to the Oakland University School of Education and Human Services Building.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Oakland University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the School of Education and Human Services Building (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Oakland University School of Education and Human Services Building shall not exceed $31,500,000 (the Authority share is $23,624,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $7,875,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $23,624,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,990,000 and $2,490,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Oakland University, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 40.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Schoolcraft College relative to the Schoolcraft College Business and Industry Training Center and Waterman Center Renovation.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Schoolcraft College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Business and Industry Training Center and Waterman Center Renovation (together, the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Schoolcraft College Business and Industry Training Center and Waterman Center Renovation shall not exceed $26,738,000 (the Authority share is $13,368,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $13,369,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $13,368,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,130,000 and $1,410,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Schoolcraft College, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 41.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Mason Hall and Haven Hall.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Regents of the University of Michigan (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Central Campus Renovation Phase II-Mason Hall and Haven Hall (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Mason Hall and Haven Hall shall not exceed $35,000,000 (the Authority share is $26,250,000, the State General Fund/General Purpose share is $0, and the Educational Institution share is $8,750,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $26,250,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,215,000 and $2,770,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Regents of the University of Michigan, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 42.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Washtenaw Community College relative to the Washtenaw Community College Technology Education Building.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Washtenaw Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Technology Education Building (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Washtenaw Community College Technology Education Building shall not exceed $21,121,600 (the Authority share is $10,499,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $10,621,600), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $10,499,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $885,000 and $1,110,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Washtenaw Community College, and the State Budget Director.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Gast offered the following concurrent resolution:
Senate Concurrent Resolution No. 43.
A concurrent resolution to change the scope of the Computer Technology and Academic Center project at Kellogg Community College.
Whereas, The Kellogg Community College-Computer Technology and Academic Center renovation and construction project was authorized with a total cost of $12,000,000 in 1998 PA 538; and
Whereas, Kellogg Community College has requested to include additional campus-wide improvements in the project scope, including heating, ventilation, air conditioning, and refrigeration upgrades and pedestrian walkways; and
Whereas, Kellogg Community College has estimated that the total cost to construct these improvements is $4,517,000; and
Whereas, Kellogg Community College has agreed to fund the increase in the project cost of $4,517,000, with the state commitment remaining at $5,999,900; and
Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost to construct the new Kellogg Community College-Computer Technology and Academic Center project to an amount not to exceed $16,517,000 (State Building Authority share $5,999,900; State General Fund/General Purpose share $100; and the Kellogg Community College share $10,517,000); and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Kellogg Community College.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Shugars, McManus, Koivisto and Gougeon asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Shugars' statement is as follows:
I received a copy of a letter to the editor of the Kalamazoo Gazette, and I would like to read it. I think it is very thought-provoking on how much God is in our society. It is by two middle school children the title is, "Blessing Brings Peace."
"As our nation is facing this great time of tragedy people all around our country are looking to God. We see the words 'God Bless America' written on billboards and businesses; many of us find these words to be of great comfort in our time of loss. However, our schools feel that we can not even mention God's name after something like this has happened. In the halls of West Middle School the words 'bless America' were posted. We were left as students to wonder who is suppose to bless America? I mean come on, a student or teacher blessing America is not really going to make a difference, even our countries leaders are turning to God for guidance in these present troubles, so why, ask, can't our schools.
We find this troubling and discouraging that we have drifted so far from God that we can not even ask for his blessings in the schools for fear of offending someone. We address this issue with hopes that our school will see that whether all students believe that God exists simply asking for his blessings brings peace to many of us."
This is by two middle school students, Amy and Amanda Norris.
Senator McManus' statement is as follows:
I want to make a statement this morning thanking the body in total, individual Senators, clerks, and others who mailed me notes and letters and provided flowers and so on, on the death of my brother last week. It's all very much appreciated by myself and by the whole McManus family.
My brother fought the battle in Texas from February until ten days ago. He finally just gave out, and he is the youngest brother in the family. It is a very tragic loss from that standpoint, but his quality of life had deteriorated to where he is probably in a better place now.
My purpose this morning, though, is to thank you all for the assistance you gave me during the process.
Senator Koivisto's statement is as follows:
I just want to make note for the body that we had a major economic event that happened yesterday that we are paying very close attention to in the Upper Peninsula. Bethlehem Steel announced that they are filing for bankruptcy. We have some legislation here that we have been trying to move that would give steel companies a tax break for using hematite oil, which is produced in my particular area. It has just been bogged down; we have gotten nowhere with it.
Once again, we have a steel company declare for bankruptcy. We have a couple steel companies in this state that could use a little help.
I just wanted to make a note of what's happening economically because it is going to come home to roost here with our minds and with the other steel companies that are currently headquartered in Michigan. We have a measure that would help. If you would make an inquiry to myself, I will tell you where that bill is, but we are making no progress with it, unfortunately.
Senator Gougeon's statement is as follows:
Members will recall last week, I spoke for a moment on the floor about our K-9 dog Fix from Bay City and his handler Joe LaBelle. Today there is a resolution commending the career of Fix and Trooper Joe LaBelle. I would encourage all members who have not had an opportunity to sign on to the Senate resolution to do so before we close today.
I want to thank particularly Colonel Robinson and others who have sent me a letter indicating that this dog will indeed have a life here in Lansing, and in fact, will not be euthanized as was my concern previously. The resolution will be presented later this month at the Bay City State Police Post. If any of the Senators would like to attend, I will provide you with additional details.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senator Schuette introduced
Senate Bill No. 705, entitled
A bill to name a certain portion of highway US-10 the "Veterans Memorial Highway"; and to prescribe certain duties of the state transportation department.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
Senator Schuette introduced
Senate Bill No. 706, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 72105b.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Schuette introduced
Senate Bill No. 707, entitled
A bill to regulate political activity; to regulate certain candidates and state officials; to require certain financial statements and reports; to prescribe the powers and duties of certain state departments, state and local officials and employees, and other persons; and to prescribe penalties and provide remedies.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Garcia introduced
Senate Bill No. 708, entitled
A bill to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; and to prescribe penalties and provide for remedies.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 709, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 435.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 710, entitled
A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding section 10a.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 711, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding section 737.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 712, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," (MCL 445.1651 to 445.1684) by adding section 24a.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 713, entitled
A bill to amend 1999 PA 276, entitled "Banking code of 1999," (MCL 487.11101 to 487.15105) by adding section 4206.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Garcia introduced
Senate Bill No. 714, entitled
A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," (MCL 493.51 to 493.81) by adding section 24a.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senators Peters, DeBeaussaert, Young, Cherry, Goschka, Smith, North, Byrum, Johnson and Gougeon introduced
Senate Bill No. 715, entitled
A bill to enter into the interstate emergency management assistance compact.
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. 4641, 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.
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 Families, Mental Health and Human Services.
House Bill No. 4733, entitled
A bill to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 4760, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294; 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 Education.
House Bill No. 4761, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.
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. 4825, entitled
A bill to amend 1987 PA 231, entitled "An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds," by amending section 11 (MCL 247.911), as amended by 1993 PA 149.
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. 5092, entitled
A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending section 5i (MCL 211.205i), as amended by 1994 PA 190.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
Committee Reports
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 554, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 100c (MCL 330.1100c), as added by 1995 PA 290.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 555, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 204b.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 556, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 2000 PA 273.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 557, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 222 (MCL 330.1222), as amended by 1995 PA 290.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 682, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 17a (MCL 552.17a), as amended by 1990 PA 243.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 683, entitled
A bill to amend 1966 PA 138, entitled "The family support act," by amending sections 1, 1a, and 5 (MCL 552.451, 552.451a, and 552.455), sections 1 and 1a as amended by 1990 PA 237 and section 5 as amended by 1996 PA 5.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Mental Health and Human Services reported
Senate Bill No. 684, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 2 (MCL 722.22), as amended by 1999 PA 156.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Beverly S. Hammerstrom
Chairperson
To Report Out:
Yeas: Senators Hammerstrom, Gougeon, Johnson, Goschka and Scott
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Mental Health and Human Services submits the following:
Meeting held on Wednesday, October 11, 2001, at 3:00 p.m., Room100, Farnum Building
Present: Senators Hammerstrom (C), Gougeon, Johnson, Goschka and Scott
Excused: Senator Hart
COMMITTEE ATTENDANCE REPORT
The Subcommittee on State Police and Military Affairs submits the following:
Meeting held on Wednesday, October 3, 2001, at 2:00 p.m., Room 210, Farnum Building
Present: Senators Hoffman (C), North and Dingell
COMMITTEE ATTENDANCE REPORT
The Legislative Retirement Board of Trustees submits the following:
Meeting held on Wednesday, October 3, 2001, at 3:00 p.m., Room H-252, Capitol Building
Present: Senators McManus (C), Emerson and Schwarz
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submits the following:
Meeting held, Wednesday, October 10, 2001, at 11:15 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Gast (C), Schwarz, Johnson, Hoffman, North, Gougeon, Bennett, Stille, Goschka, Smith, Koivisto, Young, Murphy, DeBeaussaert and Dingell
Excused: Senator McManus
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Immunity for Certain Health Professionals and Facilities (SB 30) submits the following:
Meeting held on Wednesday, October 10, 2001, at 1:00 p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Schwarz and Peters
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submits the following:
Meeting held on Thursday, October 11, 2001, at 1:00 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower
Present: Senators McCotter (C), Hammerstrom, Sikkema, Byrum and Miller
COMMITTEE ATTENDANCE REPORT
The Committee on Detroit Metro Airport Review submits the following:
Meeting held on Thursday, October 11, 2001, at 1:04 p.m., Room 810, Farnum Building
Present: Senators Steil (C), Bennett, Stille, Leland and Emerson
Scheduled Meetings
Appropriations - Wednesday, October 24, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Subcommittee -
Capital Outlay, Joint - Thursday, October 18, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Detroit Metro Airport Review - Thursday, October 18, 1:00 p.m., Room 810, Farnum Building (373-1801)
Economic Development, International Trade and Regulatory Affairs - Tuesday, October 23, 1:00 p.m., Room 110, Farnum Building (373-7946)
Farming, Agribusiness and Food Systems - Wednesday, October 17, 1:00 p.m., Room 405, Capitol Building (373-1725)
Financial Services - Wednesday, October 17, 9:30 a.m., Room 100, Farnum Building (373-1758)
Great Lakes Conservation Task Force - Thursday, October 18, 6:00 p.m., Northern Michigan University, Don H. Bollum University Center, Ontario Room, 2nd Floor, 1401 Presque Isle Avenue, Marquette; Tuesday, October 30, 6:00 p.m., City of Port Huron Municipal Office Center, 100 McMorran Boulevard, Port Huron; Monday, November 5, 6:00 p.m., St. Joseph Public Library, 500 Market, St. Joseph; Monday, November 26, 6:00 p.m., Saginaw Valley State University, Curtis Center, 2250 Pierce Road, University Center (373-0797)
Human Resources and Labor - Wednesday, October 17, 1:00 p.m., Room 110, Farnum Building (373-1801)
Judiciary - Wednesday, October 17, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-6920)
Local, Urban and State Affairs - Wednesday, October 17, 3:00 p.m., Room 405, Capitol Building (373-1707)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 11:07 a.m.
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, October 17, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.