sj02282t.018

No. 18

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Thursday, February 28, 2002.

10:00 a.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Goschka--present Peters--present

Senator Christopher D. Dingell of the 7th District offered the following invocation:

For today's invocation I was guided by my wife to Psalm 18, a song of praise by David after his deliverance from his adversaries. Lord, remind me of Your laws. Help me keep You in my thoughts wholeheartedly. Help keep me on guard against doing things that even appear improper. Help to keep me sincere. Help to keep my lamp lit, to brighten any darkness about me. Help me to confront adversaries with Your strength. Help me to overcome obstacles I encounter. Help me to follow the path You wish, a way which is unerring.

In the words of David, "The Lord lives! And blessed be he who is my Rock!"

Motions and Communications

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

The motion prevailed.

Senator Emmons moved that Senator Dunaskiss be excused from today's session.

The motion prevailed.

Senator Emmons moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1107

Senate Bill No. 1103

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

The following communications were received:

Office of the Auditor General

February 26, 2002

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of Source Reduction and Recycling Activities, Department of Environmental Quality, February 2002.

February 26, 2002

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the University of Michigan - Dearborn, February 2002.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 27:

House Bill Nos. 4848 4991 5431 5556

The Secretary announced the printing and placement in the members' files on Wednesday, February 27, of:

Senate Bill Nos. 1131 1132 1133 1134 1135 1136 1137

House Bill Nos. 5742 5743 5744 5745 5746 5747 5748 5749

Senators Schuette, Sikkema, Garcia, Bennett and Hoffman entered the Senate Chamber.

Messages from the House

Senate Bill No. 692, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36105, 36106, 36109, 36111, and 36206 (MCL 324.36105, 324.36106, 324.36109, 324.36111, and 324.36206), sections 36105 and 36106 as amended by 1996 PA 233, section 36109 as amended by 2000 PA 421, and section 36111 as amended and section 36206 as added by 2000 PA 262.

(For text of amendments, see Senate Journal No. 16, p. 387.)

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

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

Roll Call No. 212 Yeas--35

Bennett Garcia Leland Scott

Bullard Gast McCotter Shugars

Byrum Goschka McManus Sikkema

Cherry Gougeon Miller Smith

DeBeaussaert Hammerstrom North Steil

DeGrow Hart Peters Stille

Dingell Hoffman Sanborn Van Regenmorter

Emerson Johnson Schuette Young

Emmons Koivisto Schwarz

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

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

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

The Senate agreed to the title as amended.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Emmons moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on their immediate passage:

Senate Bill No. 835

Senate Bill No. 860

Senate Bill No. 861

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

Senator Emmons moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on their immediate passage:

Senate Bill No. 868

Senate Bill No. 974

Senate Bill No. 977

Senate Bill No. 978

Senate Bill No. 987

Senate Bill No. 1059

Senate Bill No. 1065

Senate Bill No. 1075

Senate Bill No. 1077

Senate Bill No. 1078

Senate Bill No. 1079

Senate Bill No. 1082

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

By unanimous consent the Senate proceeded to the order of

General Orders

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

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

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1107, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 37, 38, 39, 41, 51a, 51c, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, l05, 107, 108, 147, and 169a (MCL 388.1611, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1637, 388.1638, 388.1639, 388.1641, 388.1651a, 388.1651c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1705, 388.1707, 388.1708, 388.1747, and 388.1769a), sections 11, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 41, 51a, 51c, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 98, 99, 107, and 147 as amended by 2001 PA 121, and sections 19, 37, 38, 39, 96, 105, and 108 as amended by 2000 PA 297, and section 169a as amended by 1997 PA 93, and by adding sections 11j, 39a, 51d, 99a, and 121a; and to repeal acts and parts of acts.

Substitute (S-1).

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

1. Amend page 2, line 16, by striking out "$11,220,403,400.00" and inserting "$11,215,729,400.00".

2. Amend page 129, line 21, after "at" by striking out "$11,454,559,900.00" and inserting "$11,449,885,900.00".

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

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

Senate Bill No. 1103, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

Substitute (S-1).

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

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

Senate Bill No. 989, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8302, 8303, 8304, 8305, 8306, 8309, 8310, 8311, 8312, 8313, 8314, 8317, 8318, 8319, 8322, 8327, 8329, 8330, and 8333 (MCL 324.8302, 324.8303, 324.8304, 324.8305, 324.8306, 324.8309, 324.8310, 324.8311, 324.8312, 324.8313, 324.8314, 324.8317, 324.8318, 324.8319, 324.8322, 324.8327, 324.8329, 324.8330, and 324.8333), section 8319 as amended by 1996 PA 312, and by adding sections 8307a, 8307b, 8307c, 8307d, 8307e, and 8307f; and to repeal acts and parts of acts.

Substitute (S-2).

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

1. Amend page 46, line 25, after the second "a" by striking out the balance of the subsection and inserting "FELONY UNDER THIS SUBSECTION.".

2. Amend page 48, following line 10, by inserting:

"Enacting section 2. Section 8333 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8333, as amended by this amendatory act, takes effect 90 days after the date this amendatory act is enacted.".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Emmons moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 1107

Senate Bill No. 1103

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

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

Senate Bill No. 1107

Senate Bill No. 1103

Senate Bill No. 835

Senate Bill No. 860

Senate Bill No. 861

Senate Bill No. 868

Senate Bill No. 974

Senate Bill No. 977

Senate Bill No. 978

Senate Bill No. 987

Senate Bill No. 1059

Senate Bill No. 1065

Senate Bill No. 1075

Senate Bill No. 1077

Senate Bill No. 1078

Senate Bill No. 1079

Senate Bill No. 1082

Senate Bill No. 809

Senate Bill No. 865

House Bill No. 4672

House Bill No. 5083

House Bill No. 5139

House Bill No. 5327

House Bill No. 5482

House Bill No. 5483

Senate Bill No. 1015

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1107, entitled

The question being on the passage of the bill,

Senator Young offered the following amendment:

1. Amend page 2, line 19, after "fund." by striking out the balance of the line through "$118,913,500.00." on line 1 of page 3.

The question being on the adoption of the amendment,

Senator Emmons requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 213 Yeas--14

Cherry Goschka Leland Scott

DeBeaussaert Hart Miller Smith

Dingell Hoffman Peters Young

Emerson Koivisto

Nays--21

Bennett Gast McManus Shugars

Bullard Gougeon North Sikkema

Byrum Hammerstrom Sanborn Steil

DeGrow Johnson Schuette Stille

Emmons McCotter Schwarz Van Regenmorter

Garcia

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

Protest

Senator Emmons, under her constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Young to Senate Bill No. 1107 and moved that the statement she made during the discussion of the amendment be printed as her reasons for voting "no."

The motion prevailed.

Senator Emmons' statement is as follows:

We've heard a lot of talk this morning, and it's plain and simple this takes $79 million away from K-12 kids. Plain and simple that's what this does. Vote "no" on the Young amendment. Vote "yes" for kids.

Senator Smith offered the following amendments:

1. Amend page 48, following line 14, by inserting:

"Sec. 32b. (1) From the state school aid fund allocation in section 32a(1), there is allocated ~~an amount not to exceed $45,000,000.00 for 2000-2001,~~ an amount not to exceed $45,000,000.00 for 2001- 2002, and $0.00 FROM THE STATE SCHOOL AID FUND MONEY APPROPRIATED IN SECTION 11, THERE IS APPROPRIATED AN AMOUNT NOT TO EXCEED $45,000,000.00 for 2002-2003, for grants to intermediate districts and districts for programs for preschool children and their parents. The purpose of these programs is to improve school readiness and foster the maintenance of stable families by encouraging positive parenting skills; enhancing parent-child interaction; providing learning opportunities to promote intellectual, physical, and social growth; and promoting access to needed community services through a community-school-home partnership that provides parents with information on child development from birth to age 5.

(2) To qualify for funding under this section, a program shall meet all of the following:

(a) The program must provide services to all families with children age 5 or younger residing within the intermediate district or district who choose to participate, including at least all of the following services:

(i) Home visits by parent educators trained in child development to help parents understand appropriate expectations for each stage of their child's development, to encourage learning opportunities, and to promote strong parent-child relationships.

(ii) Group meetings of participating families.

(iii) Periodic developmental screening of the child's overall development, health, hearing, and vision.

(iv) A community resource network that provides referrals to other state, local, and private agencies as appropriate to assist parents in preparing their children for academic success and to foster the maintenance of stable families.

(v) Connection with quality preschool programs.

(b) The program must be a collaborative community effort that includes at least the intermediate district or district, local multipurpose collaborative bodies, local health and welfare agencies, and private nonprofit agencies involved in programs and services for preschool children and their parents.

(3) To compete for a grant under this section, an intermediate district or district shall apply to the superintendent not later than December 1, 2000 in the form and manner prescribed by the superintendent. To be considered for a grant under this section, a grant application must provide all of the following in a manner prescribed by the department:

(a) Provide a plan for the delivery of the program components described in subsection (2).

(b) Demonstrate an adequate collaboration of local entities involved in providing programs and services for preschool children and their parents.

(d) Provide a projected budget for the program to be funded. The intermediate district shall provide at least a 20% local match from local public or private resources for the funds received under this section. Not more than 1/2 of this matching requirement, up to a total of 10% of the total project budget, may be satisfied through in-kind services provided by participating providers of programs or services. In addition, not more than 10% of the grant may be used for program administration.

(4) Each successful grant recipient shall agree to include a data collection system and an evaluation tool approved by the department to measure the impact of the program on improving school readiness, reducing the number of children needing special education programs and services, and fostering the maintenance of stable families. The data collection system shall provide a report by October 15 of each year on the number of children in families with income below 200% of the federal poverty level that received services under this program and the total number of children who received services under this program.

(5) From the general fund allocation under section 32a(1), there is allocated an amount not to exceed $250,000.00 for 2000-2001, an amount not to exceed $100.00 for 2001-2002, and $0.00 for 2002-2003 to the department, including the office for safe schools, for implementation and evaluation of activities under this section. Further, upon receipt of the federal drug-free schools grant, the department shall allocate $200,000.00 of that grant to the office for safe schools within the department.

(5) ~~(6)~~ The department and superintendent shall do all of the following:

(a) The department shall make applications available for the purposes of this section not later than October 15, 2000.

(b) The superintendent shall approve or disapprove applications and notify the applying intermediate district or district of that decision not later than February 1 ~~, 2001~~ OF THE FISCAL YEAR. Priority in awarding grants shall be given to programs that focus on reducing the percentage of children needing special education programs and services when they enter school. The superintendent shall ensure that the intermediate districts and districts receiving grants under this section are geographically and economically diverse and that not more than 10% of the total allocation under this section is paid to any 1 particular intermediate district or district.

(c) The department shall ensure that all programs funded under this section utilize the most current validated research-based methods and curriculum for providing the program components described in subsection (2).

(d) The department shall submit a report to the legislature, the state budget director, and the senate and house fiscal agencies detailing the evaluations described in subsection (4) by December 1 of each year.

(6) ~~(7)~~ An intermediate district or district receiving funds under this section shall use the funds only for the program funded under this section. Grants awarded by February 1 ~~, 2001~~ OF A FISCAL YEAR may be used for the following school year." and adjusting section 11 and enacting section 1 accordingly.

2. Amend page 130, line 1, after "32a," by striking out "32b,".

3. Amend page 130, line 3, after "388.1632a," by striking out "388.1632b,".

The amendments were not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 214 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senators Shugars, Garcia, DeBeaussaert, Smith and Young 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 rise in favor of this bill for a number of reasons, but I still have some concerns about switching the taxes from the winter to the summer. This includes the concerns I have for townships, cities, and counties that will have additional costs and confusion that will occur with the taxpayers with the taxes being collected in July.

Also I'm concerned about the possible technical defaults in mortgages that could occur if individuals and mortgage companies do not get increased escrow balances for that.

Also I'm concerned about senior citizens. I think that senior citizens right now can defer their summer taxes to the winter so that they can have their homestead property tax forms filed and return the rebate so they can pay their taxes by the deadline to file it in February.

So for those concerns, I hope that we do something other than the July collection of the taxes for the schools.

Senator Garcia's statement is as follows:

I intend to vote for this bill, but I just wanted to bring to the attention of the members of this body that there's a line item dealing with bilingual education that has not changed in 14 years. The same amount of money has been there for the last 14 years, and yet, we continue to see the number of students being served by this funding continually increase.

I'm going to be working with some of my House colleagues because I didn't get an opportunity here to address this issue to see if perhaps we can look at that, see how we can help out, and provide some accountability for that. I know it's a tight budget year, but at least if not this year, we need to be looking at it down the road.

Senator DeBeaussaert's statement is as follows:

I think there's some confusion on what the effect of the Young amendment is. I would agree that education should be our top priority. In this bill, the Senate Fiscal Agency memo on your desks indicate that this bill calls for a $202 million General Fund transfer to the School Aid Fund for this bill and at the end a $154 million year-end balance in the fund. What the Young amendment does is guarantee that that will be the case. It removes the language that says that we will withdraw $79 million of that $202 million if the transfer from the unemployment fund does not occur. It basically takes out a trap door in this budget, which could leave a shortage. Beyond that $154 million, you'd have to subtract that $79 million from that. So you'd have a lesser balance unless we adopt the Young amendment, which would guarantee that the balance would be that $154 million.

Again, the Young amendment does not reduce the General Fund contribution to the bill. It does not reduce the year-end balance in it. It basically makes a commitment to that $202 million and takes away language which could put that in jeopardy. So I would support the Young amendment to keep that commitment.

I'd also point out that the $202 million commitment is far less that the $420 million historic General Fund contribution to this budget. I think $202 million should be the bottom line. The Young amendment helps to guarantee that, and I'd ask for your support.

Senator Smith's first statement is as follows:

I rise to support the amendment. You know, we keep talking about the $140 million bottom line in the school aid budget and our ability to bring that money forward into 2004 to help balance the budget. And everything that we talked about is contingent on the improvement in the economy in revenue growth. We have critical problems in our budget today that need to be addressed. The Young amendment allows us to take 79 million real dollars out of the School Aid Fund that is not school aid money and move it to other budgets that are hemorrhaging--Department of Community Health budget that has a hole in it critically deep, and you want to talk about the deficit in that budget in 2004. Seven hundred million dollars is a conservative estimate. We aren't doing anything in this budget year to address those problems in 2004.

So your argument that we're trying to protect this budget into 2004 sits pretty lightly when you aren't doing the hard things that will really make a difference. If you want to protect school aid and if you want to protect the other budgets in 2004, you will take a hard look at the delay in the income tax cut and the delay in the single business tax cut because that's real money to help the budget problems in 2004.

You will also take a serious look at this amendment because it is 79 million real dollars that can be used in budgets today that are in critical condition. We need to put a tourniquet on the flow of dollars that we are losing in Community Health. If we can't stabilize Community Health, we are going to lose health care providers because they will not take a further reduced Medicaid reimbursement. They will get out of the business. We can't buy the pharmaceuticals fast enough that will take care of our Medicaid population because we don't have the dollars.

Taking this $79 million that never belonged in K-12--that was put there to make it look better this year than it really is--and using it somewhere else in the budget where we are in critical need of dollars gives us the opportunity to address real crises this year.

Let's pray for good economic growth because what you are leaving for 2004 already is a budget that is estimated to be anywhere between $800 million and $1.2 billion in deficit, depending on how well the economy grows. You're not helping. Help put new money out there for Community Health or for some other budgets by moving this $79 million out of K-12. I urge my colleagues to support this amendment.

Senator Smith's second statement is as follows:

This budget has some real problems in how it was financed for the proposed fiscal year 2003, but it stands as a balanced budget. I would just like to speak to the teen health center amendment that my colleagues on the Senate Appropriations Committee adopted yesterday. That amendment--the conversation--recognized that the teen health centers do appropriately belong in the Department of Community Health budget, as Senator Gougeon stated earlier. I'm delighted that there is cooperation between the two subcommittee chairs to make sure that that transfer happens. But we were successful in moving the teen health centers out from under at-risk funding, which meant no new dollars available to a program that is really critically important for youngsters and supporting that program with real General Fund dollars.

It's important for us to remember that while we're talking about the transfer of dollars into what is, I believe, the most appropriate budget, the Department of Community Health, the appropriation of $1.4 million for budget year 2002, which is also in this budget, has to say in the K-12 budget if the clinics are going to be able to continue their operations through the balance of the current fiscal year.

I urge my colleagues to do what they will with this budget because I know we are all over the board here. But it does appropriate additional money to the foundation allowance for the schools that allow them to honor their commitments and their contractual obligations that they went out and committed to based on a three-year budget in the past.

With all respect to my colleague from Flint, I think multiple year budgets are very dangerous, and we see why now.

I urge my colleagues again to do what they will with this budget.

Senator Young's first statement is as follows:

The amendment that I'm proposing here was offered in the full Appropriations Committee in which it wasn't entirely successful due to the fact that I think it was completely misunderstood.

This amendment speaks to the employment security contingency fund which is primarily made of penalties and interest paid by employers who are delinquent in paying their unemployment tax payments. What's being proposed here is that $75.5 million be taken from this fund and be placed in the School Aid Fund.

Now just a little information about the contingency fund: Currently in the fund, we have about $90 million, which earns about $5 million in interest. The first problem I see here is we'll be losing the $5 million in interest revenue, but because of the reductions that will be taken in the various budgets, in CIS as well as Career Development, it would leave the fund with only about $12 million on which there would be no interest gained and then speaking to the tune of another $11 or 12 million, which is needed to maintain this fund.

Now the fund has two very important functions. One function is that it helps both laid-off workers as well as it helps those who appeal their jobless benefits and tax rate issues. It has toll-free numbers which are used both by business and by the employees. This, by the way, is a feature of the program that is the first of its kind in the nation, and it also has a fraud control effort on the contingency fund.

I guess the problem that I have here and where I think it was misunderstood is this, to me, takes us right back to the realm of what took place back in 1974 when people in the state of Michigan chose to have a state lottery. Those of you who have been around who are aware of it, it was indicated that the lottery was supposed to go for education. Well, in fact, it didn't go for education, and people became very upset about that. We still have this problem today.

I think a lot of the assumptions that are in this budget kind of lead us down that same path. This contingency fund is utilized for employers and employees.

Now we have done two things in this state which I think are positive. One, we've said, and that's pretty much the function of all of us here, and that's to make sure that people have full employment opportunities--to get jobs for people because when those people are working, not only are they able to take care of their families, but they are also in a position to pay taxes.

I think what we're doing here is we're indicating to people that by taking this money from the contingency fund and moving it to the school aid act, we're creating that problem. But at the same time, as we begin to spend down that contingency fund, we have not taken into account that this legislation is needed for this to happen in the first place, nor have we even considered looking at the increase in the employment benefits that we are talking about providing those who, unfortunately, have lost their jobs. So I think it's important for us to send a correct message to people in the state of Michigan that if we are going to give an additional $200 per pupil in the foundation allowance, that we, in fact, do that; that it not be a hoke and a poke like it was perceived with the state lottery; that we, in fact, fund this program with General Fund dollars of which we have over $120 million in the bill currently for which to do that, and these monies could be used to fund other projects if saw fit by this body.

I think the important thing here is to not go down that same path we went down with the lottery. People did not believe or appreciate that we were doing that because we didn't get the story out, and it wasn't until much later that we changed the law to say that lottery dollars went to education. Here we're going down that same path and playing that same game using contingency funds that should be used for those who are unemployed and for employers who have tax problems by saying, "Let's put it into the School Aid Fund."

I would hope that the membership wouldn't do that and that we would support moving this. It's not that the money does not exist. It's not that other budgets couldn't use the same formula, but what it really comes down to is the perception that the taxpayers in the state of Michigan will have, which will discount what we are approving to do. As I've indicated, I think our charge is to create jobs, give employment opportunities to people, let those individuals take care of their families, and let them pay taxes like good Michigan citizens should.

Senator Young's second statement is as follows:

I rise hesitantly because I think all statements that are made should be factual. The truth of the matter--and if I could get the attention of the good Senator from the 32nd District because I think this is information I think he'd like to have--speaks to the importance of why I feel that dollars for education should be dollars for education. They should be sound. Parents should know that their children are going the get that money for their education so that they can make those decisions. Therefore, I will not only correct myself, but I will offer additional information to the Senator from the 32nd District.

The fact of the matter is that in July of 1972, Michigan voters approved Article 4, Section 41 of the Constitution which allowed the Legislature to authorize lotteries and to permit the sale of lottery tickets. In 1981, lottery revenues were directed to the General Fund. It wasn't until 1981 that they were directed to the General Fund. That is why people feel that the lottery dollars have never gone to education. Now that was an oversight, a mistake, or whatever you want to call it of the two bodies of this legislative process.

The second part of this that I indicated is what I'm suggesting here is that these types of contingency funds should not be used in a budget of which we are suggesting is vital to not only Michigan, but to Michigan's economy and to

the families and to the people who live here in the state of Michigan. We are talking about creating opportunities for full employment, opportunities for people to have a job, and to be productive, with those same productive opportunities for them to pay taxes and to live a productive and constructive life. That's what we're talking about. And what I'm saying here is that we have dollars in other places that would make this more of a sound process by which we can still begin to give the $200-plus dollar foundation allowance. I would hope that the membership would appreciate that because that's what we're talking about. We're talking about dollars that are available that we should use to make this budgeting part a sound process and not using funds that come from the unemployment contingency fund.

Senator Young's third statement is as follows:

I can't help but answer some of the comments made by the Senator from the 27th District who was speaking about the comments made from the Senator from the 18th District because I know for a fact and I would hope that everyone in this chamber would realize that the education of children is nonpartisan. It has nothing to do with the politics which are played. That's what I wanted this body to see because the politics that were played were played on the politics of the lottery when it first started, and everyone knows that it wasn't until 1981 when we became wise that we put the lottery dollars into the School Aid Fund.

A vote for this amendment guarantees the money. It's the exact opposite of what you heard from the Senator who just spoke from the 23rd District. It guarantees that, as you heard from the previous speaker from the 11th District, and I think we ought to know that and that's what we're going to be voting on. We're going to be voting to completely fund K-12 education, not on some assumptions of using contingency funds when we actually have the dollars to do so.

I would hope that in the spirit of letting people know that we do commit ourselves to education on a nonpartisan basis that you'd support the Young amendment.

The following bill was read a third time:

Senate Bill No. 1103, entitled

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. 215 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 835, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 15 (MCL 125.1815), as amended by 1996 PA 271.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 216 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 860, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 12 and 16 (MCL 125.1662 and 125.1666), section 12 as amended by 1983 PA 86 and section 16 as amended by 1996 PA 269.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 217 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 861, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 14 (MCL 125.2164), as amended by 1996 PA 270.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 218 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 868, entitled

A bill to amend 1955 PA 233, entitled "An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies," by amending sections 7, 9, and 12c (MCL 124.287, 124.289, and 124.292c), section 7 as amended by 1981 PA 154, section 9 as amended by 1994 PA 36, and section 12c as amended by 1983 PA 30.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 219 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 974, entitled

A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," by amending sections 5a and 5c (MCL 46.175a and 46.175c), section 5c as amended by 1983 PA 183.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 220 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 977, entitled

A bill to amend 1957 PA 185, entitled "An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation," by amending sections 11, 12, and 25 (MCL 123.741, 123.742, and 123.755).

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 221 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 978, entitled

A bill to amend 1945 PA 344, entitled "An act to authorize counties, cities, villages and townships of this state to adopt plans to prevent blight and to adopt plans for the rehabilitation of blighted areas; to authorize assistance in carrying out such plans by the acquisition of real property, the improvement of such real property and the disposal of real property in such areas; to prescribe the methods of financing the exercise of these powers; and to declare the effect of this act," by amending sections 7a and 7b (MCL 125.77a and 125.77b), section 7a as amended by 1983 PA 32 and section 7b as amended by 1986 PA 320.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 222 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 987, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending sections 15 and 16 (MCL 121.15 and 121.16); and to repeal acts and parts of acts.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 223 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1059, entitled

A bill to amend 1963 PA 62, entitled "Industrial development revenue bond act of 1963," by amending sections 4 and 9 (MCL 125.1254 and 125.1259), section 9 as amended by 1980 PA 90; and to repeal acts and parts of acts.

The question being on the adoption of the following committee substitute:

Substitute (S-3).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 224 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

Senator Emmons offered to amend the title to read as follows:

A bill to amend 1963 PA 62, entitled "Industrial development revenue bond act of 1963," by amending sections 4 and 9 (MCL 125.1254 and 125.1259), section 9 as amended by 1980 PA 90.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

Senate Bill No. 1065, entitled

A bill to amend 1957 PA 206, entitled "An act to authorize 2 or more counties, cities, townships and incorporated villages, or any combination thereof, to incorporate an airport authority for the planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining and operating the landing, navigational and building facilities necessary thereto of 1 or more community airports; to provide for changes in the membership therein; to authorize an authority or the counties, cities, townships and incorporated villages that form an authority to levy taxes for such purposes; to provide for the operation and maintenance and issuing notes therefor; to authorize condemnation proceedings; and to prescribe penalties and provide remedies," by amending section 9 (MCL 259.629), as amended by 1982 PA 312.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 225 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1075, entitled

A bill to amend 1923 PA 150, entitled "An act to authorize and empower counties, cities, villages and townships or any combination of them, to singly or jointly acquire by gift, devise or public condemnation a site or sites and/or construct, erect, lease, sub-lease and maintain public buildings for the purpose of housing within the same building or buildings city, county, village or township offices, and/or for any other public uses and purposes, which may include a memorial hall for war veterans of the United States of America and for public assemblage," by amending section 5 (MCL 123.925).

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 226 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1077, entitled

A bill to amend 1974 PA 338, entitled "Economic development corporations act," by amending sections 6a, 7, 8, and 23 (MCL 125.1606a, 125.1607, 125.1608, and 125.1623), section 6a as added and sections 7, 8, and 23 as amended by 1980 PA 501.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 227 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1078, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 14 and 18 (MCL 120.114 and 120.118), as amended by 1983 PA 23.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 228 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1079, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 7, 12, and 17 (MCL 125.2657, 125.2662, and 125.2667), section 7 as amended by 2000 PA 145.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 229 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1082, entitled

A bill to amend 1947 PA 235, entitled "An act to regulate the ownership, extension, improvement and operation of public water and sewage disposal systems lying within 2 or more public corporations; to authorize the acquisition, by any public corporation, of that part of a public water or sewage disposal system lying within its boundaries; and to provide for the payment and security of revenue bonds issued for the construction, acquisition, extension and improvement of such systems," by amending section 6 (MCL 123.336).

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 230 Yeas--35

Nays--0

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Schwarz

Senator Emmons offered to amend the title to read as follows:

any public corporation, of that part of a public water or sewage disposal system lying within its boundaries; and to provide for the payment and security of revenue bonds issued for the construction, acquisition, extension and improvement of such systems," by amending sections 6 and 10 (MCL 123.336 and 123.340).

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was announced:

Senate Bill No. 809, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231 (MCL 750.231), as amended by 1998 PA 510.

(This bill was read a third time on February 21 and consideration postponed. See Senate Journal No. 15, p. 371.)

The question being on the passage of the bill,

Senator Leland offered the following amendment:

1. Amend page 2, following line 27, by inserting:

"(G) A JUDGMENT RENDERED AGAINST A STATE, COUNTY, OR MUNICIPAL LAW ENFORCEMENT AGENCY DUE TO THE MISUSE OF ELECTRICAL BEAM WEAPONS, SHORT- BARRELED SHOTGUNS, OR MECHANICAL RELEASE KNIVES SHALL BE PAID BY THE STATE.".

The amendment was not adopted, a majority of the members serving not voting therefor.

The Assistant President pro tempore, Senator Hoffman, assumed the Chair.

Senator Smith offered the following amendments:

1. Amend page 1, line 1, after "231." by inserting "(1) EXCEPT AS PROVIDED IN SUBSECTION (2),".

2. Amend page 2, following line 27, by inserting:

"(2) AS APPLIED TO SECTION 224A ONLY, SUBSECTION (1) IS NOT APPLICABLE TO AN INDIVIDUAL INCLUDED UNDER SUBDIVISIONS (1)(A), (B), OR (C) UNLESS HE OR SHE HAS BEEN TRAINED IN THE USE, EFFECTS, AND RISKS OF USING A PORTABLE DEVICE OR WEAPON DESCRIBED IN SECTION 224A.".

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 231 Yeas--29

Bennett Garcia Koivisto Schuette

Bullard Gast McCotter Schwarz

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom North Steil

DeGrow Hoffman Peters Stille

Dingell Johnson Sanborn Van Regenmorter

Emmons

Nays--6

Emerson Leland Smith Young

Hart Scott

Excused--3

Dunaskiss Murphy Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

Senator Emmons moved that Senator Schwarz be temporarily excused from the balance of today's session.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 865, entitled

A bill to amend 1989 PA 186, entitled "County department of solid waste management act," by amending sections 7, 8, and 9 (MCL 45.587, 45.588, and 45.589).

The question being on the passage of the bill,

Senator Emmons offered the following substitute:

Substitute (S-1).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 232 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4672, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178a.

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. 233 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5083, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2217; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No. 234 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5139, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1139.

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. 235 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5327, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1165.

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. 236 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5482, entitled

A bill to provide for the formation, regulation, and registration of distance learning corporations; to prescribe their duties, rights, powers, immunities, and liabilities; and to provide for the powers and duties of certain state officers and entities.

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. 237 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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.

The following bill was read a third time:

House Bill No. 5483, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 124 (MCL 450.2124).

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. 238 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

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

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

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

"An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1015, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," (MCL 421.1 to 421.75) by adding section 13l.

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. 239 Yeas--34

Emmons Koivisto

Nays--0

Excused--4

Dunaskiss Murphy Schwarz Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Cherry's statement is as follows:

I intend to vote for this bill, but I think before doing so, I wanted to point something out. Senate Bill No. 1015, for all intents and purposes, is no different than Item No. 50 on the Calendar under General Orders, Senate Bill No. 644. Of course, the real difference here is that Senate Bill No. 644 was done earlier. It was a multi-section bill. What we have before us right now is Item No. 39, Senate Bill No. 1015, which is a single-section bill.

There really is a reason why it is a single-section bill. It is because in committee I had offered an amendment that would have raised unemployment compensation benefits because it was a multi-section bill. The sponsor now has tried to keep that from happening by putting a single-section bill in. It strikes me that the unfortunate thing here is that we avoided an opportunity to provide a benefit increase that everyone says is deserving in this time of economic slowdown. In fact, we did more than avoid the opportunity; we crossed to the other side of the street to avoid this.

This is clearly an effort not to address the question. I don't know about you or others in the body, but I continually get e-mails, letters, and phone calls from those who are unemployed in this time of economic slowdown and national tragedy. They all point out that this benefit has not been raised for a significantly long time--the kind of economic problems that are causing their families. So what we do here in the Senate is simply bystep their concern and their desire to see action by reintroducing a bill that would prohibit us--because it is a single-section--from getting to the core question on unemployment compensation.

The subject matter of this bill is something we need to do. It would bring Michigan's unemployment insurance act into compliance with the federal law because it deals differently with how we treat Indian tribes. But we should know, as we vote for this bill, we are simply turning our backs on Michigan's unemployed. We are simply avoiding an opportunity to increase their benefits that have not been increased in a number of years. We do that while the surplus in this fund is significant.

Now when it comes to balancing our own budget, as we saw this morning, we are in a hurry to tap this fund. But when it comes to balancing the budget of those who are suffering economic dislocation, we're going to sidestep that for the time being.

Senator Schwarz entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Hoffman, designated Senator Bullard as Chairperson.

House Bill No. 5434, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, and 22 (MCL 285.62, 285.63, 285.64, 285.65, 285.66, 285.67, 285.68, 285.69, 285.70, 285.71, 285.72, 285.73, 285.74, 285.75, 285.76, 285.78, 285.79, 285.80, 285.81, and 285.82), the title as amended by 1984 PA 169, sections 2, 3, 5, 6, and 18 as amended and section 21 as added by 1996 PA 311, and section 7 as amended by 1982 PA 33, and by adding sections 17, 23, 24, 25, 26, 27, and 28; and to repeal acts and parts of acts.

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

1. Amend page 14, line 25, after "STORAGE" by inserting "OR PROCESSING".

2. Amend page 14, line 26, after "STORAGE" by inserting "OR PROCESSING".

3. Amend page 14, line 26, after "STORED" by inserting "OR PROCESSED".

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

Resolutions

Senator Emmons 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. 178

Senate Resolution No. 179

Senate Resolution No. 180

The resolution consent calendar was adopted.

Senators Cherry and Emerson offered the following resolution:

Senate Resolution No. 178.

A resolution to honor Oneta Neitzke on the occasion of her 90th Birthday.

Whereas, It is a pleasure to join with other well-wishers in honoring Oneta Neitzke as she celebrates her 90th birthday on March 24, 2002. The calendar may record many decades since Oneta first appeared on this day in 1912, however, she has never let the passage of time dim her spirits or her enthusiasm for her family, reading, and crossword puzzles; and

Whereas, Oneta and Harold Neitzke were married on January 31, 1928. After marriage, Oneta and Harold moved to Georgetown, Colorado, where he prospected for silver and she worked as a clerk in a grocery store. They eventually settled on a farm near Potterville, Michigan; and

Whereas, From the vantage point of 90 years, Oneta Neitzke can look back on a life that has known many joys and some sorrows and one still filled with love for her family and her many friends. Her lifetime has been a long journey marked by her marriage to Harold Neitzke, the births of two daughters and two sons, seven grandchildren, and ten great-grandchildren; and

Whereas, By her example, through supportive words, and with the work of her hands, Oneta shares love and kindness. She still enjoys making pies for all of her family gatherings; and

Whereas, As the Neitzke family matriarch, Oneta has been active in the raising of her grandchildren and great-grandchildren. She has served as a positive influence for all of her family; now, therefore, be it

Resolved by the Senate, That we hereby honor and commend Oneta Neitzke upon the occasion of her 90th birthday. May she know of our admiration and best wishes for a joyous celebration; and be it further

Resolved, That a copy of this resolution be transmitted to Oneta Neitzke and her family as they celebrate this phenomenal event.

Senators Leland, Peters, Emmons, Johnson, Bennett, Steil, Hammerstrom, McCotter, Smith, Byrum, Koivisto, Hart, DeBeaussaert, Scott and Sanborn offered the following resolution:

Senate Resolution No. 179.

A resolution observing March 9-15, 2002, as National School Social Workers Week.

Whereas, Michigan has more than 1,800 school social workers who serve as a vital link between students, families, schools, and the community; and

Whereas, School social workers are instrumental in enhancing the education process by helping students achieve maximum academic success, as well as educating school staff and the community on issues of cultural diversity; and

Whereas, These certified professionals provide counseling for a variety of issues such as divorce, rape grief, sexual abuse, anger, suicide, death of parent/staff/classmate, and harassment; and

Whereas, School social workers assist in the development of school programs dealing with violence prevention, crisis counseling, and peer mediation; and

Whereas, In conflict situations, these unique individuals serve as liaisons between children, their families, school personnel, and communities; and

Whereas, They make home visits to assess environmental factors affecting the education and social/emotional well-being of students; and

Whereas, School social workers guide families in pursuit of needs, goods, and services in the community; and

Whereas, A community benefits from school social workers in that they encourage community, church, and business leaders to participate in school activities; now, therefore, be it

Resolved by the Senate, That we observe March 9-15, 2002, as National School Social Workers Week. We congratulate the members of the Michigan Association of School Social Workers and commend them on the innumerable benefits they bring to Michigan's children and families; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Social Workers as a reflection of our esteem.

Senators Dingell and McCotter offered the following resolution:

Senate Resolution No. 180.

A resolution in commemoration of the 154th Anniversary of the Hungarian Revolution of 1848.

Whereas, In commemoration of the Hungarian Revolution of 1848, we are honored to be included as a part of the celebration. This period of bravery has served as a source of pride and heroism for 154 years to all people of Hungarian descent. It is traditionally celebrated annually on March 15. Even while the country was under communist leadership, the people continued to reflect on this special day, celebrating the ideals of this event and the people who made it happen; and

Whereas, Hungary has been under rule of the Hapsburg Dynasty since the late 17th century. The rest of the world has moved beyond a feudal system by the examples of Britain, America, and France. The nobility of Hungary knew it to be in their best interest to follow in this pattern. On March 15, 1848, Hungary became the first country to have its demands met by the Royal Court and had a peaceful transition; and

Whereas, The peaceful transition would be short-lived. After the Hapsburg armies completed business with other European countries, they arranged to send armies to regain imperial authority in Hungary. Generals Artur Gorgey and Jozef Bem recaptured Hungary with military forces in April 1849, and they declared the House of Hapsburg dethroned. In the bitter fighting that occurred afterwards, thirteen military commanders were executed at Arad on October 6 and are to this day honored as the Martyrs of Arad. The prime minister, Count Lajos Batthyany, was shot by a firing squad in Pest, Hungary, thereby ending what would live in the memories and traditions of the people of Hungary to this day; and

Whereas, The bravery of these revolutionaries came to symbolize defense of liberty gained and the recovery of liberty lost. The inspiration from this revolution would lead Hungarians through the many hardships and victories that stood before them; now, therefore, be it

Resolved by the Senate, That we share in the commemoration of this important day--154th Anniversary of the Hungarian Revolution of 1848--for all Hungarians and all who honor the ideals of liberty; and be it further

Resolved, That a copy of this resolution be transmitted to the Holy Cross Hungarian Roman Catholic Church for the March 17, 2002, commemoration program in Detroit as a reflection of our esteem and respect.

House Concurrent Resolution No. 50.

A concurrent resolution to approve certain designated open space land applications.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Young's statement is as follows:

Last night the Michigan Legislative Black Caucus held its annual Black History Month program, the theme being "Reflections of Our People." It was held under the leadership of Representative Artina Tinsley Hardman, who is the chair, as well as Senator Martha Scott, who is the program chairman. We had the invocation by Representative and Reverend Triette E. Reeves, as well as the Johnson Memorial Temple Youth Choir of Pontiac, Michigan, and Linda and Company of Russell Street Baptist Church from Detroit, Michigan. We had a very good history of the Michigan Legislative Black Caucus given by Senator Alma Wheeler Smith, a poetry reading by Robbie Fennell of Detroit, Michigan, a dance selection by Creative Expressions, Sheila Graham, Director, of Pontiac, Michigan, as well as a solo by a young man who I believe is only 13 or 14 who had a voice of someone who had been trained for years and years, Jor el Quinn of Unity Baptist Church, Detroit. The keynote address was given by U.S. Attorney Jeffery G. Collins of the Eastern District of Detroit, Michigan. And, of course, we were able to enjoy the company of the St. Martin DePorres High School championship football team.

They were kind enough to present to myself, as well as my father, posthumously of course, an award based on the first black father and son team of the history of this state of which I would like to say I'm very proud to be the legacy that my dad left. I want to thank the Michigan Legislative Black Caucus for doing that and to let everyone know that my family will certainly make sure that the picture we were given, the exquisite mast that we were given, will be cherished, and everyone will know that this Black Caucus did honor my family.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Emerson introduced

Senate Bill No. 1161, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 304 (MCL 331.1304), as amended by 1988 PA 502.

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

Senators Garcia, McManus and Sikkema introduced

Senate Bill No. 1162, entitled

A bill to protect and promote the public health by licensing and regulating migratory labor housing sites; to prescribe the powers and duties of certain state agencies and departments; to create the migratory labor housing grant fund; to provide for the disposition of funds; to provide for the promulgation of rules; to provide for remedies and penalties; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Farming, Agribusiness and Food Systems.

Senators Garcia, McManus and Sikkema introduced

Senate Bill No. 1163, entitled

A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending section 28 (MCL 125.1528), as amended by 1996 PA 48.

The bill was read a first and second time by title and referred to the Committee on Farming, Agribusiness and Food Systems.

Senator Bullard introduced

Senate Bill No. 1164, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3163 (MCL 500.3163) and by adding section 3107c.

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

Senator Schwarz introduced

Senate Bill No. 1165, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending sections 3 and 5 (MCL 211.903 and 211.905), as amended by 1994 PA 187, and by adding section 5b.

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

Senator Gast introduced

Senate Bill No. 1166, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 44d.

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

House Bill No. 4848, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 486 (MCL 750.486).

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

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

House Bill No. 4991, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1303 (MCL 380.1303), as amended by 1995 PA 289.

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

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

House Bill No. 5431, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43532 (MCL 324.43532), as amended by 1996 PA 585.

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 Natural Resources and Environmental Affairs.

House Bill No. 5556, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48701 (MCL 324.48701), as added by 1995 PA 57.

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 Natural Resources and Environmental Affairs.

Committee Reports

The Committee on Health Policy reported

Senate Bill No. 686, entitled

A bill to amend 1967 PA 270, entitled "An act to provide for the release of certain information or data relating to health care research or education, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the release of certain information or data; and to safeguard the confidential character of certain information or data," by amending section 1 (MCL 331.531), as amended by 1998 PA 59.

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

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

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom and Schwarz

Nays: None

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

The Committee on Health Policy reported

Senate Bill No. 748, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3807, 3809, 3811, 3815, 3819, and 3829 (MCL 500.3801, 500.3807, 500.3809, 500.3811, 500.3815, 500.3819, and 500.3829), as added by 1992 PA 84, and by adding sections 3830 and 3830a.

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

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

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom, Schwarz and Byrum

Nays: None

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

The Committee on Health Policy reported

Senate Bill No. 749, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 451, 455, 459, 461, 465, 469, and 479 (MCL 550.1451, 550.1455, 550.1459, 550.1461, 550.1465, 550.1469, and 550.1479), as added by 1994 PA 40, and by adding sections 480 and 480a.

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

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

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom, Schwarz and Byrum

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Tuesday, February 26, 2002, at 3:00 p.m., Room 100, Farnum Building

Present: Senators Shugars (C), Hammerstrom, Schwarz and Byrum

Excused: Senator Emerson

The Committee on Finance reported

Senate Bill No. 868, entitled

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 965, entitled

A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," by amending sections 3, 12, 16, 22, 24, 26, 27, 28, and 30 (MCL 141.103, 141.112, 141.116, 141.122, 141.124, 141.126, 141.127, 141.128, and 141.130), section 3 as amended by 1992 PA 305, sections 12 and 27 as amended by 1985 PA 26, sections 16, 28, and 30 as amended by 1983 PA 76, and section 24 as amended by 1988 PA 228.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 974, entitled

A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," by amending sections 5a and 5c (MCL 46.175a and 46.175c), section 5c as amended by 1983 PA 183.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 977, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 978, entitled

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 987, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending sections 15 and 16 (MCL 121.15 and 121.16); and to repeal acts and parts of acts.

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1059, entitled

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1065, entitled

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1075, entitled

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1077, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1078, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 14 and 18 (MCL 120.114 and 120.118), as amended by 1983 PA 23.

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1079, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 7, 12, and 17 (MCL 125.2657, 125.2662, and 125.2667), section 7 as amended by 2000 PA 145.

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

Senate Bill No. 1082, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

House Bill No. 4507, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).

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

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

The Committee on Finance reported

House Bill No. 5211, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 19 (MCL 211.19), as amended by 1996 PA 126.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Tuesday, February 26, 2002, at 1:19 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower

Present: Senators Emmons (C), Bullard, Garcia, Peters and Byrum

The Committee on Appropriations reported

Senate Bill No. 1103, entitled

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

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

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Schwarz, McManus, Johnson, Hoffman, North, Gougeon, Stille, Goschka, Smith, Koivisto, Young, DeBeaussaert and Dingell

Nays: None

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

The Committee on Appropriations reported

Senate Bill No. 1107, entitled

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

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

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Schwarz, McManus, Johnson, Hoffman, North, Gougeon, Stille, Goschka, Smith, Koivisto, Young, DeBeaussaert and Dingell

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, February 27, 2002, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

Excused: Senators Bennett and Murphy

COMMITTEE ATTENDANCE REPORT

The Subcommittee on School Aid and Department of Education submitted the following:

Meeting held on Tuesday, February 26, 2002, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Stille (C), Bennett and DeBeaussaert

Scheduled Meetings

Appropriations -

Subcommittees -

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

Environmental Quality - Tuesday, March 5, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7350)

Higher Education - Friday, March 1, 10:00 a.m., Calvin College, 3201 Burton S.E., Hekman Library, Meeter Center Lecture Hall, Grand Rapids; and Friday, March 8, 9:30 a.m., University of Michigan-Ann Arbor, 909 S. University Drive, William L. Clements Library, Ann Arbor (373-3447)

Natural Resources - Wednesday, March 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

School Aid and Department of Education - Tuesday, March 5, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1635)

Legislative Council - Tuesday, March 5, 1:00 p.m., Room 426, Capitol Building (373-0212)

Legislative Retirement Board of Trustees - Wednesday, March 6, 12:00 noon, Room H-252, Capitol Building (373-0575)

Transportation and Tourism - Tuesday, March 5, 3:00 p.m., Room 110, Farnum Building (373-1758)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 12:36 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, March 5, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

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

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