sj11071t.080

No. 80

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Wednesday, November 7, 2001.

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 Peters--present

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

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

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

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

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

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

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

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

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

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

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

Goschka--present

Senator Walter H. North of the 37th District offered the following invocation:

Dear God, we thank Thee for this beautiful fall day. We thank Thee for the opportunity to serve the people of this great state. We would ask that You comfort our colleague, Senator Johnson, as she recovers from surgery yesterday. We would ask that You grant us the wisdom and the patience and the compassion to find solutions to problems confronting the citizens of our state. All of the above we ask in Thy name. Amen.

Senators Stille and Van Regenmorter entered the Senate Chamber.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced the printing and placement in the members' files on Tuesday, November 6, of:

Senate Bill No. 817

House Bill Nos. 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384

5385 5386 5387 5388 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403

5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 5415 5416 5417

5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431

5432 5433 5434 5435 5436 5437 5438 5439 5440 5441 5442 5443 5444 5445

5446 5447 5448 5449 5450 5451 5452 5453

Senators Dunaskiss, Bullard and Sikkema entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: November 5, 2001

Time: 9:00 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 402 (Public Act No. 149), being

An act to amend 1976 PA 223, entitled "An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties," by amending section 16 (MCL 18.366), as amended by 1996 PA 519.

(Filed with the Secretary of State on November 5, 2001, at 11:54 a.m.)

Date: November 5, 2001

Time: 9:02 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 403 (Public Act No. 150), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492.

(Filed with the Secretary of State on November 5, 2001, at 11:56 a.m.)

Date: November 5, 2001

Time: 9:04 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 406 (Public Act No. 151), being

An act to amend 1980 PA 497, entitled "An act to establish, protect, and enforce by lien the rights of persons performing labor or providing material or equipment for the improvement of real property; to provide for certain defenses with respect thereto; to establish a homeowner construction lien recovery fund within the department of licensing and regulation; to provide for the powers and duties of certain state officers; to provide for the assessments of certain occupations; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 110 (MCL 570.1110), as amended by 1982 PA 17.

(Filed with the Secretary of State on November 5, 2001, at 11:58 a.m.)

Date: November 5, 2001

Time: 9:08 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 407 (Public Act No. 152), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2001 PA 10.

(Filed with the Secretary of State on November 5, 2001, at 12:00 p.m.)

Date: November 5, 2001

Time: 9:10 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 408 (Public Act No. 153), being

An act to amend 1966 PA 346, entitled "An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments in lieu of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act," by amending section 47 (MCL 125.1447).

(Filed with the Secretary of State on November 5, 2001, at 12:02 p.m.)

Date: November 5, 2001

Time: 9:15 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 409 (Public Act No. 154), being

(Filed with the Secretary of State on November 5, 2001, at 12:04 p.m.)

Date: November 5, 2001

Time: 9:18 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 410 (Public Act No. 155), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 2157, 52908, and 76107 (MCL 324.2157, 324.52908, and 324.76107), section 2157 as added by 1995 PA 60, section 52908 as added by 1995 PA 57, and section 76107 as amended by 2001 PA 75.

(Filed with the Secretary of State on November 5, 2001, at 12:06 p.m.)

Date: November 5, 2001

Time: 9:20 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 411 (Public Act No. 156), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2001 PA 13.

(Filed with the Secretary of State on November 5, 2001, at 12:08 p.m.)

Respectfully,

John Engler

Governor

Senators Dunaskiss, Bullard and Sikkema entered the Senate Chamber.

The following message from the Governor was received on November 6, 2001:

EXECUTIVE ORDER

No. 2001 - 9

Implementation of Expenditure Reductions Under Provisions of

Article V, Section 20, of the Michigan Constitution of 1963

Whereas, Article V, Section 20, of the Michigan Constitution of 1963 states that no appropriation is a mandate to spend, and that the Governor, with the approval of the appropriating committees of the House of Representatives and Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and that reductions shall be made in accordance with procedures prescribed by law; and

Whereas, it appears that actual revenues for the fiscal period October 1, 2001 to September 30, 2002, will fall below the revenue estimates on which appropriations for that period were based, said estimates having been determined by the Legislature in accordance with Article IV, Section 31, of the Constitution of the State of Michigan; and

Whereas, under provisions of Section 391, Act 431 of the Public Acts of 1984, on the basis of written information from the State Budget Director and the State Treasurer, a finding has been made that actual revenue will fall below such revenue estimates; and

Whereas, there is an unanticipated loss of funding which the departments and agencies of state government do not expect to obtain or make up during the current fiscal year; and

Whereas, expenditure reductions totaling $319,156,893.00 are necessary; and

Whereas, the transfer of unexpended balances and excess revenues from restricted revenue sources totaling $144,571,000.00 to be used as general fund-general purpose revenues are necessary.

Now, Therefore, I, John Engler, Governor of the State of Michigan, pursuant to the authority vested in me by the Michigan Constitution of 1963 and the laws of the State of Michigan, and with the approval of a majority of members of each appropriations committee, do hereby order the following reductions:

1. For the purposes of reducing state funds, the following amounts from Capital Outlay appropriations totaling $21,896,500.00 are hereby transferred to the unappropriated balance of the general fund as of September 30, 2002.

Appropriation Number

(Appropriation Year) Item Reduction

Amount

74709 (AY 02) Major special maintenance and remodeling for department of 1,927,800

corrections

74710 (AY 02) Major special maintenance and remodeling for department of 1,012,500

management and budget

74711 (AY 02) Major special maintenance and remodeling for family 550,000

independence agency

74712 (AY 02) Major special maintenance and remodeling for department of 500,000

community health

74713 (AY 02) Major special maintenance and remodeling for department of 150,000

natural resources

74714 (AY 02) Major special maintenance and remodeling for department of 256,200

state police

02750 (AY 94) Planning and special studies for conducting planning projects 3,200,000

and special studies regarding service requirements and related

facility needs of various state agencies, universities, and community

colleges

01738 (AY 02) State building authority rent - state agencies 2,974,400

01739 (AY 02) State building authority rent - department of corrections 3,873,500

01737 (AY 02) State building authority rent - universities 2,152,100

40009 (AY 00) Kalamazoo aviation history museum 3,000,000

40004 (AY 99) Art, cultural, development, and quality of life grants 2,300,000

2. Portions of general fund-general purpose appropriations amounting to $285,288,985.00 for departments and agencies contained in the following public acts are hereby transferred to the unappropriated balance of the general fund as of September 30, 2002. Where the expenditure reductions of general fund-general purpose appropriations in this order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.

Reduction

Public Act Department Amount

2001 PA 53 Agriculture 2,323,500

2001 PA 83 Attorney General 1,860,600

2001 PA 80 Career Development 1,654,900

2001 PA 83 Civil Rights 260,000

2001 PA 83 Civil Service 560,860

2001 PA 60 Community Health 85,304,100

2001 PA 119 Consumer and Industry Services 4,875,100

2001 PA 41 Corrections 54,900,000

2001 PA 42 Education 1,572,100

2001 PA 43 Environmental Quality 17,394,200

2001 PA 83 Executive Office 228,900

2001 PA 82 Family Independence Agency 24,197,100

2001 PA 83 History, Arts and Libraries 4,420,800

2001 PA 120 History, Arts and Libraries 2,217,800

2001 PA 83 Management and Budget 2,308,900

2001 PA 54 Military and Veterans Affairs 1,791,625

2001 PA 44 Natural Resources 6,770,300

2001 PA 83 State 43,037,800

2001 PA 51 State Police 7,550,000

2001 PA 121 State School Aid 7,200,000

2001 PA 80 Strategic Fund 4,755,600

2001 PA 83 Treasury 10,104,800

3. The reduction totals for departments and agencies in item No. 2 include the following appropriation items or are predicated upon the following actions:

a. Department of Agriculture

Appropriation Reduction

Number Item Amount

03909 Migrant labor housing 345,400

03903 Food bank 319,000

03904 Grown in Michigan 94,500

03946 Northwest Michigan horticultural research station 41,800

03970 Orchard or vineyard removal 37,800

01290 Horse shows 15,000

02280 Disease and pest intervention fund 50,000

03908 Local conservation districts 780,000

01220 Agriculture development 290,000

01210 Management services 224,000

01270 Upper Peninsula state fair 10,000

03900 Fairs and expositions 9,400

01120 Statistical reporting services 30,000

02205 Pesticide and plant pest management 76,600

Sections 303 and 705 of 2001 PA 53 are amended as follows:

Sec. 303. Of the funds appropriated in part 1 for statistical reporting service ~~$120,000.00~~ $90,000.00 shall be used for surveys which include, but are not limited to, fruit, vegetables, and nursery stock, which encompasses Christmas trees and ornamental plants. The director of the Michigan department of agriculture is given authority to include other agricultural surveys such as turfgrass in the 3-to-5-year rotation. The survey shall include information such as existing plantings/acreage, new plantings/ acreage, production, and number of growers.

Sec. 705. Of the funds appropriated in section 109 for agriculture development, ~~$200,000.00~~ $100,000.00 shall be used to coordinate state participation in the federal market access program and to leverage federal funds for the purpose of developing new and enhancing existing export markets for Michigan agricultural products.

Sections 504, 604(a) and 703 of 2001 PA 53 are repealed.

b. Department of Attorney General

Appropriation Reduction

Number Item Amount

01040 Attorney general operations 1,800,200

05000 Prosecuting attorneys coordinating council 60,400

c. Department of Career Development

Appropriation Reduction

Number Item Amount

08220 Precollege programs in engineering and the sciences 104,500

08219 Michigan community service commission subgrantees 50,000

08230 Welfare-to-work programs 1,500,400

Section 309 of 2001 PA 80 is amended as follows:

Sec. 309. (1) Of the funds appropriated in part 1 for precollege programs in engineering and the sciences, ~~$620,000.00~~ $558,000.00 shall be provided in the form of a grant to the Detroit precollege engineering program, incorporated and ~~$424,700.00~~ $382,200.00 shall be provided in the form of a grant to the Grand Rapids area precollege engineering program.

d. Department of Civil Rights

Appropriation Reduction

Number Item Amount

01092 Unclassified positions 120,000

01000 Civil rights operations 140,000

e. Department of Civil Service

Appropriation Reduction

Number Item Amount

19100 Civil service operations 560,860

f. Department of Community Health

Appropriation Reduction

Number Item Amount

02968 Multicultural services 396,200

01718 Pilot projects in prevention for adults and children 800,000

11352 Cancer prevention and control program 112,500

11387 Michigan Parkinson's Foundation 150,000

14283 Adolescent and child health care services 2,164,000

46514 Senior citizen centers staffing and equipment 1,000,000

33500 Hospital services and therapy 13,745,000

33600 Ambulance services 436,400

33680 Long-term care services 6,500,000

33860 Special adjustor payments 60,000,000

Sections 1001, 1614, 1634, and 1644 of 2001 PA 60 are amended as follows:

Sec. 1001. From the state funds appropriated in part 1, the department shall allocate funds to promote awareness, education, and early detection of breast, cervical, prostate, and colorectal cancer, and provide for other health promotion media activities. ~~The department shall allocate no less than $150,000.00 under this section for colorectal cancer awareness, education, and early detection.~~

Sec. 1614. The department may rebase Medicaid fee for service rates for inpatient hospital services in fiscal year 2001-2002. ~~if, in the aggregate for inpatient services, the rebasing is budget neutral.~~

Sec. 1634. (1) From the funds appropriated in part 1 for ambulance services, the department shall continue the 5% increase in payment rates for ambulance services implemented in fiscal year 2000-2001.

(2) Effective October 1, 2001, the department shall implement a surcharge payable for all allowable ambulance runs made for Medicaid recipients excluding those recipients enrolled in Medicaid health maintenance organizations.

~~(3) This surcharge shall be based on average mileage per ambulance run and shall be structured so as not to exceed $1,000,000.00 in total payments.~~

Sec. 1644. (1) From the funds appropriated in part 1 for the rural health initiative, ~~$5,220,000.00 shall be allocated as an outpatient adjustor payment to be paid directly to hospitals in rural counties in proportion to each hospital's Medicaid and indigent patient population~~. ONE hundred fifty thousand dollars shall be allocated for free clinics in rural areas as designated by the federal government or such designation as may be modified by the department. These funds shall be allocated consistent with the requirements of section 1507 of this act. Two million dollars of the rural health initiative funds may be allocated for defibrillator grants, EMT training and support, or other similar programs. Four and one-half million dollars shall be allocated to defray the costs of construction and operation of health care clinics on Mackinac Island.

Sections 1643 and 1647 of 2001 PA 60 are repealed.

g. Department of Consumer and Industry Services

Appropriation Reduction

Number Item Amount

05011 Nursing home quality incentive grants 4,536,500

01004 Policy development 25,000

01013 Bureau of hearings 25,000

03001 Administrative services 25,000

03005 Technology support 42,500

09002 Occupational safety and health 50,000

07008 Commercial services 121,100

17001 Operations 50,000

Sections 328 and 333 of 2001 PA 119 are repealed.

h. Department of Corrections

Appropriation Reduction

Number Item Amount

02072 Training 2,900,000

22251 Field programs 1,048,000

22260 Personnel costs 500,000

25290 Community residential programs 1,012,900

28531 County jail reimbursement programs 4,500,000

10362 DOJ consent decree 81,100

10370 DOJ psychiatric plan - MDCH mental health services 5,000,000

28530 Inmate housing fund 361,400

46002 Alger maximum correctional facility - Munising 496,600

47002 Baraga maximum correctional facility - Baraga 639,600

49002 Chippewa correctional facility - Kincheloe 1,405,100

50002 Kinross correctional facility - Kincheloe 154,200

51002 Marquette branch prison - Marquette 361,400

54002 Newberry correctional facility - Newberry 101,100

52002 Oaks correctional facility - Eastlake 618,700

55002 Ojibway correctional facility - Marenisco 29,400

56002 Pugsley correctional facility - Kingsley 100,400

83002 Saginaw correctional facility - Freeland 326,800

53002 Standish maximum correctional facility - Standish 40,300

35002 Cooper street correctional facility - Jackson 257,600

36002 G. Robert Cotton correctional facility - Jackson 61,800

32002 Charles E. Egeler correctional facility - Jackson 353,200

79002 Gus Harrison correctional facility - Adrian 382,600

78002 Huron Valley men's facility - Ypsilanti 446,600

37002 Jackson maximum correctional facility - Jackson 28,838,100

89002 Macomb correctional facility - New Haven 207,700

87002 Mound correctional facility - Detroit 289,700

34002 Parnall correctional facility - Jackson 415,000

86002 Ryan correctional facility - Detroit 258,400

82002 Scott correctional facility - Plymouth 40,300

33002 Southern Michigan correctional facility - Jackson 1,353,100

80002 Thumb correctional facility - Lapeer 61,800

85002 Western Wayne correctional facility - Plymouth 152,700

30522 Jackson area support and services 41,200

72002 E. C. Brooks correctional facility - Muskegon 398,900

48002 Carson City correctional facility - Carson City 61,800

76002 Florence Crane correctional facility - Coldwater 100,400

63002 Deerfield correctional facility - Ionia 51,900

61002 Richard A. Handlon Michigan training unit - Ionia 38,500

62002 Ionia maximum correctional facility - Ionia 299,600

77002 Lakeland correctional facility - Coldwater 61,800

66002 Muskegon correctional facility - Muskegon 262,900

70002 Pine River correctional facility - St. Louis 36,000

64002 Riverside correctional facility - Ionia 344,000

69002 St. Louis correctional facility - St. Louis 407,400

1927 PA 175, being Sections 760.1 to 777.69 of the Michigan Compiled Laws, is amended as follows:

762.13 Assignment as youthful trainee, duties of court.

Sec. 13 (5) The court shall include in each order of probation for an individual placed on probation under this section that the department of corrections shall collect a probation supervision fee of not more than $30.00 multiplied by the number of months of probation ordered, but not more than 36 months. The fee is payable when the probation order is entered, but the fee may be paid in monthly installments if the court approves installment payments for the probationer. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income in determining the amount of the fee to be ordered:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The court may order a higher amount than indicated by the table, up to the maximum of $30.00 multiplied by the number of months of probation ordered but not more than 36 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of Act No. 232 of the Public Acts of 1953, being section 791.225a of the Michigan Compiled Laws. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration. FOR FISCAL YEAR 2002, THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A PROBATION SUPERVISION FEE OF NOT MORE THAN $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PROBATION ORDERED, BUT NOT MORE THAN 36 MONTHS. THE COURT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE TO BE ORDERED:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE COURT MAY ORDER A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PROBATION ORDERED BUT NOT MORE THAN 36 MONTHS, IF THE COURT DETERMINES THAT THE PROBATIONER HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

771.1 Requirements for probation; delayed sentence; fee; life probation; applicability of section to certain juveniles.

Sec. 1. (3) If a defendant is before the circuit court and the court delays imposing sentence under subsection (2), the court shall include in the delayed sentence order that the department of corrections shall collect a supervision fee of not more than $30.00 multiplied by the number of months of delay ordered, but not more than 12 months. The fee is payable when the delayed sentence order is entered, but the fee may be paid in monthly installments if the court approves installment payments for that defendant. In determining the amount of the fee, the court shall consider the defendant's projected income and financial resources. The court shall use the following table of projected monthly income in determining the amount of the fee to be ordered:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The court may order a higher amount than indicated by the table, up to the maximum of $30.00 multiplied by the number of months of delay ordered but not more than 12 months, if the court determines that the defendant has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration. FOR FISCAL YEAR 2002, THE CIRCUIT COURT SHALL INCLUDE IN THE DELAYED SENTENCE ORDER THAT THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A SUPERVISION FEE OF NOT MORE THAN $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF DELAY ORDERED, BUT NOT MORE THAN 12 MONTHS. THE COURT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE TO BE ORDERED:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE COURT MAY ORDER A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF DELAY ORDERED BUT NOT MORE THAN 12 MONTHS, IF THE COURT DETERMINES THAT THE DEFENDANT HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

771.3c Probation supervision fee; enforcement of probation oversight fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles.

Sec. 3c. (1) The circuit court shall include in each order of probation for a defendant convicted of a felony that the department of corrections shall collect a probation supervision fee of not more than $30.00 multiplied by the number of months of probation ordered, but not more than 60 months. The fee is payable when the probation order is entered, but the fee may be paid in monthly installments if the court approves installment payments for the probationer. In determining the amount of the fee, the court shall consider the probationer's projected income and financial resources. The court shall use the following table of projected monthly income in determining the amount of the fee to be ordered:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The court may order a higher amount than indicated by the table, up to the maximum of $30.00 multiplied by the number of months of probation ordered but not more than 60 months, if the court determines that the probationer has sufficient assets or other financial resources to warrant the higher amount. If the court orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the court order. The fee shall be collected as provided in section 25a of 1953 PA 232, MCL 791.225a. A person shall not be subject to more than 1 supervision fee at the same time. If a supervision fee is ordered for a person for any month or months during which that person already is subject to a supervision fee, the court shall waive the fee having the shorter remaining duration. FOR FISCAL YEAR 2002, THE CIRCUIT COURT SHALL INCLUDE IN EACH ORDER OF PROBATION THAT THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A SUPERVISION FEE OF NOT MORE THAN $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PROBATION ORDERED, BUT NOT MORE THAN 60 MONTHS. THE COURT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE TO BE ORDERED:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE COURT MAY ORDER A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PROBATION ORDERED BUT NOT MORE THAN 60 MONTHS, IF THE COURT DETERMINES THAT THE DEFENDANT HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

1953 PA 232, being Sections 792.201 to 791.283 of the Michigan Compiled Laws, is amended as follows:

791.225a Supervision fees; collection; records; payment; waiver; determination; allocation of money collected for other obligations; administrative costs; enhanced services; unpaid amounts.

Sec. 25a. (3) The department shall waive any applicable supervision fee for a person who is transferred to another state under the interstate compact entered into pursuant to Act No. 89 of the Public Acts of 1935, being sections 798.101 to 798.103 of the Michigan Compiled Laws, for the months during which he or she is in another state. The department shall collect a supervision fee of not more than $30.00 per month for each month of supervision in this state for an offender transferred to this state under that interstate compact. In determining the amount of the fee, the department shall consider the offender's projected income and financial resources. The department shall use the following table of projected monthly income in determining the amount of the fee:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The department may collect a higher amount than indicated by the table, up to the maximum of $30.00 for each month of supervision in this state, if the department determines that the offender has sufficient assets or other financial resources to warrant the higher amount. If the department collects a higher amount, the amount and the reasons for collecting that amount shall be stated in the department records. FOR FISCAL YEAR 2002, THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A SUPERVISION FEE OF NOT MORE THAN $135.00 PER MONTH FOR EACH MONTH OF SUPERVISION IN THIS STATE FOR AN OFFENDER TRANSFERRED TO THIS STATE UNDER THAT INTERSTATE COMPACT. IN DETERMINING THE AMOUNT OF THE FEE, THE DEPARTMENT SHALL CONSIDER THE OFFENDER'S PROJECTED INCOME AND FINANCIAL RESOURCES. THE DEPARTMENT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE DEPARTMENT MAY COLLECT A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 FOR EACH MONTH OF SUPERVISION IN THIS STATE, IF THE DEPARTMENT DETERMINES THAT THE OFFENDER HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

791.236a Collection of supervision fee by parole board; limitation; payment; determination of amount; enforcement of parole oversight fee; allocation of money collected for other obligations; waiver of fee; determination and collection of fee for offender transferred to state under interstate compact; administrative costs; unpaid amounts.

Sec. 36a. (1) The parole board shall include in each order of parole that the department of corrections shall collect a parole supervision fee of not more than $30.00 multiplied by the number of months of parole ordered, but not more than 60 months. The fee is payable when the parole order is entered, but the fee may be paid in monthly installments if the parole board approves installment payments for the parolee. In determining the amount of the fee, the parole board shall consider the parolee's projected income and financial resources. The parole board shall use the following table of projected monthly income in determining the amount of the fee to be ordered:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The parole board may order a higher amount than indicated by the table, up to the maximum of $30.00 multiplied by the number of months of parole ordered but not more than 60 months, if the parole board determines that the parolee has sufficient assets or other financial resources to warrant the higher amount. If the parole board orders a higher amount, the amount and the reasons for ordering that amount shall be stated in the parole order. FOR FISCAL YEAR 2002, THE PAROLE BOARD SHALL INCLUDE IN EACH ORDER OF PAROLE THAT THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A PAROLE SUPERVISION FEE OF NOT MORE THAN $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PAROLE ORDERED, BUT NOT MORE THAN 60 MONTHS. THE COURT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE TO BE ORDERED:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE PAROLE BOARD MAY ORDER A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 MULTIPLIED BY THE NUMBER OF MONTHS OF PAROLE ORDERED BUT NOT MORE THAN 60 MONTHS, IF THE PAROLE BOARD DETERMINES THAT THE DEFENDANT HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

Sec. 36a. (5) The department shall waive the parole supervision fee for a parolee who is transferred to another state under the interstate compact entered into pursuant to Act No. 89 of the Public Acts of 1935, being sections 798.101 to 798.103 of the Michigan Compiled Laws, for the months during which he or she is in another state. The department shall collect a parole supervision fee of not more than $30.00 per month for each month of parole supervision in this state for an offender transferred to this state under that interstate compact. In determining the amount of the fee, the department shall consider the parolee's projected income and financial resources. The department shall use the following table of projected monthly income in determining the amount of the fee:

Projected Monthly Income Amount of Fee

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $20.00

$750.00 or more $30.00

The department may collect a higher amount than indicated by the table, up to the maximum of $30.00 for each month of parole supervision in this state, if the department determines that the parolee has sufficient assets or other financial resources to warrant the higher amount. If the department collects a higher amount, the amount and the reasons for collecting that amount shall be stated in the department records. FOR FISCAL YEAR 2002, THE DEPARTMENT OF CORRECTIONS SHALL COLLECT A PAROLE SUPERVISION FEE OF NOT MORE THAN $135.00 PER MONTH FOR EACH MONTH OF PAROLE SUPERVISION IN THIS STATE FOR AN OFFENDER TRANSFERRED TO THIS STATE UNDER THAT INTERSTATE COMPACT. IN DETERMINING THE AMOUNT OF THE FEE, THE DEPARTMENT SHALL CONSIDER THE PAROLEE'S PROJECTED INCOME AND FINANCIAL RESOURCES. THE DEPARTMENT SHALL USE THE FOLLOWING TABLE OF PROJECTED MONTHLY INCOME IN DETERMINING THE AMOUNT OF THE FEE:

PROJECTED

MONTHLY INCOME AMOUNT OF FEE

$0.00 - 249.99 $0.00

$250.00 - 499.99 $10.00

$500.00 - 749.99 $25.00

$750.00 - 999.99 $40.00

$1,000 and up 5% OF MONTHLY INCOME, FEE

NOT TO EXCEED $135.00

THE DEPARTMENT MAY COLLECT A HIGHER AMOUNT THAN INDICATED BY THE TABLE, UP TO THE MAXIMUM OF $135.00 FOR EACH MONTH OF PAROLE SUPERVISION IN THIS STATE, IF THE DEPARTMENT DETERMINES THAT THE PAROLEE HAS SUFFICIENT ASSETS OR OTHER FINANCIAL RESOURCES TO WARRANT THE HIGHER AMOUNT.

i. Department of Education

Appropriation Reduction

Number Item Amount

01403 Unclassified positions 150,000

01404 State board/superintendent operations 35,000

01605 Central support 115,000

03801 Information technology operations 50,000

04405 Summer institute 242,100

04801 School excellence operations 200,000

07602 Administrative law operations 15,000

07701 Education options operations 65,000

04856 School readiness grants 650,000

04401 Michigan schools for the deaf and blind operations 50,000

j. Department of Environmental Quality

Appropriation Reduction

Number Item Amount

04530 Environmental cleanup and redevelopment program 11,049,800

04561 State cleanup 550,400

04541 Contaminated site investigations, cleanup, and revitalization 4,732,630

04903 Laboratory services administration 85,000

02801 Land and water program direction 50,000

04811 Surface water surveillance program 500,000

04822 Volunteer river, stream, and creek cleanup 75,000

04318 Low-income community wastewater assistance 67,500

02818 Great Lakes shorelands 83,870

04808 Compliance and permits 100,000

04912 Drinking water 100,000

Section 501 of 2001 PA 43 is repealed.

k. Executive Office

Appropriation Reduction

Number Item Amount

00139 Executive office 228,900

l. Family Independence Agency

Appropriation Reduction

Number Item Amount

11010 Salaries and wages 297,200

11250 Data system enhancement 500,000

11500 Child support automation 6,050,500

81010 Salaries and wages 96,400

81600 State incentive payments 2,449,500

81700 Training and staff development 250,000

72260 Family preservation and prevention services 236,600

47400 Juvenile justice operations 4,886,700

62610 Field staff, salaries and wages 2,384,400

62040 Contractual services, supplies, and materials 750,000

12070 Rent 500,000

12050 Travel 250,000

12060 Equipment 500,000

12080 Payroll taxes and fringe benefits 960,300

32590 State emergency relief 4,085,500

Sections 401 and 710 of 2001 PA 82 are amended as follows:

Sec. 401. (1) From the federal money received for child support incentive payments, up to ~~$4,365,200.00~~ $10,415,700.00 shall be retained by the state and expended for legal support contracts ~~state incentive payments and salaried and wages for office of child support staff.~~ AND CHILD SUPPORT PROGRAM EXPENSES.

Sec. 710. From the funds appropriated in part 1 for juvenile justice services, the department ~~shall~~ MAY continue contracts for county juvenile justice day treatment programs.

Sections 621 and 644 of 2001 PA 82 are repealed.

Section 233 of 2001 PA 120 is amended as follows:

Sec. 233 (1). From the funds appropriated in part 1 of 2001 PA 82 for state emergency relief, the maximum allowable charge limit for indigent burials shall be ~~$1,310.00~~ $1,114.00. The funds shall be distributed as follows: ~~$835.00~~ $710.00 for funeral directors; ~~$275.00~~ $234.00 for cemeteries or crematoriums; and ~~$200.00~~ $170.00 for the provider of the vault.

m. 1 - History, Arts and Libraries - 2001 PA 83

Appropriation Reduction

Number Item Amount

03150 State aid to libraries 736,700

03050 Operations 475,200

03200 Grant to the Detroit public library 2,877,100

03100 Statewide database access 55,500

03300 Subregional state aid 31,000

03250 Grand Rapids public library 199,100

03400 Book distribution centers 17,000

03350 Wayne County library for the blind & physically handicapped 2,600

03500 Library automation 26,600

m. 2 - History, Arts and Libraries - 2001 PA 120

Appropriation Reduction

Number Item Amount

02002 Arts and cultural grants 1,276,500

02001 Administration 46,500

02003 Arts and cultural supplemental grants 500,000

01200 Building occupancy charges and rent 10,100

01400 Office of film and television services 7,900

07511 Mackinac Island state park operations 81,500

07516 Historical facilities system 20,500

04100 Historical administration and services 274,800

n. Department of Management and Budget

Appropriation Reduction

Number Item Amount

08502 Health insurance reserve fund payment 154,100

01101 Departmentwide services 412,300

01401 Statewide administrative services 687,300

02816 Office of children's ombudsman 61,100

02206 Michigan administrative information network 994,100

Section 714 of 2001 PA 83 is repealed.

o. Department of Military and Veterans Affairs

Appropriation Reduction

Number Item Amount

05012 Marine corps league 252,225

05016 Purple heart 118,425

05019 Polish legion of American veterans 30,900

05020 Jewish veterans of America 30,900

05023 Catholic war veterans 9,975

05010 American legion 120,800

05011 Disabled American veterans 99,800

05013 American veterans of World War II and Korea 63,400

05014 Veterans of foreign wars 120,800

05015 Michigan paralyzed veterans of America 22,600

05017 Veterans of World War I 100

05021 State of Michigan council Vietnam veterans of America 21,700

02011 Military training sites and support facilities 600,000

03016 Special maintenance - state 100,000

03011 Departmentwide accounts 200,000

Section 212 of 2001 PA 54 is amended as follows:

Sec. 212. (1) Of the funds appropriated in section 103 for military training sites and support facilities, there shall be established a Michigan national guard education assistance program. Disbursements to the educational assistance program shall not exceed ~~$2,000,000.00~~ $1,500,000.00 without legislative approval. Under the program, a member of the national guard who is in active service and who enrolls as a full- or part-time student at a public or private state college or university may be eligible to receive up to an equivalent of 50% of the total cost of tuition not to exceed $2,000.00 as education assistance, in any academic year.

p. Department of Natural Resources

Appropriation Reduction

Number Item Amount

01101 Finance and operations services 2,300,000

01645 Abandoned mineshaft closures 350,000

02107 Timber harvest 1,042,900

02153 Cooperative resource program 256,500

02436 Michigan civilian conservation corps 500,000

03116 General law enforcement 500,000

05502 Purchased lands taxes/open space payments 1,820,900

Section 402 of 2001 PA 44 is repealed.

q. Department of State

Appropriation Reduction

Number Item Amount

10000 Operations 437,700

14100 Operations 4,498,000

14300 Data processing 6,287,500

15100 Operations 2,570,200

15200 Auto regulations 1,024,600

19100 Branch operations 19,813,000

19200 Central records 4,973,000

19900 Field services administration 679,300

19010 Record administration 109,100

21100 Elections administration 94,500

21400 Qualified voter file 46,300

50100 Building occupancy charges/rent 2,247,200

50110 Workers' compensation 257,400

The Department of State shall submit billings to the Michigan Department of Transportation for payment of transportation related activities performed by the Department of State up to an amount not to exceed $95,814,100.00, including $55,814,100.00 authorized through an interdepartmental grant, for the fiscal year ending September 30, 2002.

r. State Police

Appropriation Reduction

Number Item Amount

41010 Criminal justice information center division 2,800,000

34010 Criminal investigations 250,000

11290 Secondary road patrol and traffic accident basic grants 4,500,000

1935 PA 120, being Sections 28.271 to 28.273 of the Michigan Compiled Laws, is amended by amending Section 28.273 as follows:

Sec. 3. (1) The department of state police may charge a fee, not to exceed $15.00, for taking and processing the fingerprints and completing a criminal record check of a resident of this state when the impression of the fingerprints are requested for employment- or licensing-related purposes. The fee shall not exceed the actual cost of taking and processing the impression of the fingerprints and completing a criminal record check on that person. The fee shall be collected and forwarded to the state police by the licensing body or the employer. FOR FISCAL YEAR 2002, THE FEE SHALL BE $30.00.

1965 PA 213, being Sections 780.621 to 780.624 of the Michigan Compiled Laws, is amended by amending Section 780.621 as follows:

Sec. 1 (6) The copy of the application submitted to the department of state police under subsection (5) shall be accompanied by a fee of $25.00 payable to the state of Michigan which shall be used by the department of state police to defray the expenses incurred in processing the application. FOR FISCAL YEAR 2002, THE FEE SHALL BE $30.00.

1965 PA 285, being Section 338.846 of the Michigan Compiled Laws, is amended as follows:

Sec. 26. A license granted under the provisions of this act may be renewed by the secretary of state upon application therefor by the licensee, and the payment of a renewal fee of $50.00 if a person, or of $200.00 if a firm, partnership, company or corporation, and filing of a renewal surety bond in the amount equivalent to that specified in section 9 of this act. A renewal license shall be dated as of the expiration date of the previously existing license. For the renewal of a license, the licensee shall submit an application in such form as prescribed by the secretary of state, and a license shall be issued forthwith, except that the secretary of state may defer the renewal if there are uninvestigated complaints then outstanding against the licensee or if there is a criminal complaint then pending against the licensee. The renewal application shall be approved by the sheriff or chief of police and the prosecuting attorney, as required for an initial license. FOR FISCAL YEAR 2002, THE RENEWAL FEE SHALL BE $500.00 FOR A PERSON, FIRM, PARTNERSHIP, COMPANY OR CORPORATION.

1968 PA 330, being Sections 338.1051 to 338.1085 of the Michigan Compiled Laws, is amended by amending Section 338.1068 and Section 338.1075 as follows:

Sec. 18. (3) The fingerprints required to be taken under subsection (2) may be taken by a law enforcement agency or any other person determined by the department to be qualified to take fingerprints. The department may charge a fee not to exceed $100.00 for training. The licensee shall submit a 1-time $15.00 processing fee for each person applying for employment at that agency. If a licensee takes the fingerprints, that licensee shall obtain training in taking fingerprints from the department or a law enforcement agency or other person determined qualified by the department. The department may impose a fee not to exceed $5.00 for fingerprints submitted to the department that do not meet standards imposed by the department. FOR FISCAL YEAR 2002, THE PROCESSING FEE SHALL BE $30.00.

Sec. 18. (5) A licensee shall request the department to conduct a background check of each prospective employee based upon a name check. The licensee shall obtain a complete and signed employment application for all individuals for whom a name check is requested and conducted. The employment application shall be retained for at least 1 year from the date of its submission. The department shall conduct the background check upon a written or telephonic request of a licensee accompanied by a fee of $5.00. The background check shall be conducted not later than 3 days after the date a written request is made and not later than 24 hours after a telephonic request is made. Provisional clearance based on the name check shall allow the employee to be employed, for a period of time not to exceed 90 days, pending final clearance based upon a fingerprint check. If an approval is once denied, that individual may not again be employed by the submitting licensee except upon receipt of an approved fingerprint clearance. A licensee or employee of a licensee who uses a name check or results of a name check for purposes other than prospective employment is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $1,000.00, or both. FOR FISCAL YEAR 2002, THE FEE SHALL BE $15.00.

Sec. 25. (1) A license granted under this act may be renewed by the department upon application by the licensee and the payment of a renewal fee of $100.00 if an individual, $150.00 if a private security guard firm, company, partnership, or corporation, or $250.00 if a security alarm system contractor, and filing of a renewal surety bond in the amount specified in section 9. FOR FISCAL YEAR 2002, THE RENEWAL FEE SHALL BE $1,500.00 FOR AN INDIVIDUAL, A PRIVATE SECURITY GUARD FIRM, COMPANY, PARTNERSHIP, CORPORATION, OR A SECURITY ALARM SYSTEM CONTRACTOR.

1949 PA 300, being Section 257.629e of the Michigan Compiled Laws, is amended as follows:

Sec. 629e. (1) In addition to any fine or cost ordered to be paid under this act, and in addition to any assessment levied under section 907, the judge, district or municipal court referee, or district or municipal court magistrate shall levy a highway safety assessment of $5.00 and a secondary road patrol and training assessment of $5.00 for each civil infraction determination except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon payment of the assessments, the clerk of the court shall transmit the assessments levied to the department of treasury. The state treasurer shall deposit the revenue received pursuant to this subsection in the highway safety fund and in the secondary road patrol and training fund, and shall report annually to the legislature all revenues received and disbursed under this section. An assessment levied under this subsection shall not be considered a civil fine for purposes of section 909. FOR FISCAL YEAR 2002, THE SECONDARY ROAD PATROL AND TRAINING ASSESSMENT SHALL BE $10.00.

s. State School Aid

Appropriation Reduction

Number Item Amount

22286 Golden Apple MEAP Incentives 7,200,000

The general fund transferred to the state school aid fund in accordance with section 11 of the state school aid act, 2001 PA 121, being section 388.1611 of the Michigan Compiled Laws is hereby reduced by $7,200,000 and transferred to the unappropriated balance of the general fund as of September 30, 2002.

t. Strategic Fund

Appropriation Reduction

Number Item Amount

01000 Administration 139,600

01100 Job creation services 1,216,000

03000 Michigan promotion program 400,000

03010 Economic development job training grants 3,000,000

u. Department of Transportation

The Michigan Department of Transportation is authorized to receive billings from the Department of State up to an amount not to exceed $95,814,100.00, including $55,814,100.00 authorized through an interdepartmental grant, and to make payments from the Michigan Transportation Fund for transportation related activities performed by the Department of State for the fiscal year ending September 30, 2002, based on allowable expenditures and subject to verification by the Michigan Department of Transportation.

The Michigan Department of Transportation is authorized to receive billings from the Department of Treasury up to an amount not to exceed $8,000,000.00 and to make payment from the Michigan Transportation Fund for tax collection and audit activities performed by the Department of Treasury for the fiscal year ending September 30, 2002, based on allowable expenditures and subject to verification by the Michigan Department of Transportation.

v. Department of Treasury

Appropriation Reduction

Number Item Amount

02401 Revenue 9,500,000

01801 Financial services 604,800

The Department of Treasury shall submit billings to the Michigan Department of Transportation for payment of transportation related tax collection and audit activities performed by the Department of Treasury up to an amount not to exceed $8,000,000.00 for the fiscal year ending September 30, 2002.

4. The following general fund-general purpose amounts from work project accounts, totaling $11,971,408.00 are hereby transferred to the unappropriated balance of the general fund as of September 30, 2002:

Appropriation Number Reduction

(Appropriation Year) Item Amount

01260 (AY 01) Department of Agriculture 200,000

Value-adding processing ethanol

01000 (AY 00) Department of Civil Rights 740,000

Succession planning

04530 (AY 97) Department of Environmental Quality 2,712,616

Environmental cleanup and pollution prevention

04530 (AY 98) Department of Environmental Quality 1,707,460

Environmental cleanup and redevelopment program

04530 (AY 99) Department of Environmental Quality 1,125,926

Environmental cleanup and redevelopment program

04419 (AY 98) Department of Environmental Quality 35,406

Leaking underground storage tank cleanup program

04419 (AY 99) Department of Environmental Quality 50,000

Leaking underground storage tank cleanup program

11250 (AY 01) Family Independence Agency 3,400,000

Data system enhancement

03030 (AY 00) Michigan Strategic Fund 2,000,000

Core communities initiative

5. Fund balances established in the following public acts amounting to $144,571,000.00 are hereby transferred to the general fund as of September 30, 2002. The public acts establishing these funds are amended for the balance of fiscal year 2002.

a. Certification Fees

Certification fees, distributed to the Department of Education for the operation of the preparation and certification program in accordance with 1976 PA 451, being Sections 380.1 to 380.1853 of the Michigan Compiled Laws, is reduced by amending Section 380.1539 as follows:

(4) Money in the teacher - administrator preparation and certification fund that is unexpended at the end of the

state fiscal year shall be carried over to the succeeding state fiscal year, shall not revert to the general fund, and shall be expended as provided in subsection (3). FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, FUNDS ACCUMULATED IN THE TEACHER - ADMINISTRATOR PREPARATION AND CERTIFICATION FUND OF $1,400,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002.

b. Comprehensive Transportation Fund

Distribution of the 25 percent of the collections of the general sales tax imposed at a rate of 4 percent directly or indirectly on fuels sold to propel motor vehicles upon highways, on the sale of motor vehicles, and on the sale of the parts and accessories of motor vehicles by new and used car businesses, used car businesses, accessory dealer businesses, and gasoline station businesses as classified by the Department of Treasury in accordance with 1933 PA 167, being Section 205.75 of the Michigan Compiled Laws, is reduced by amending Section 25 as follows:

Sec. 25. (4) For the fiscal year ending September 30, 1988 and each fiscal year ending after September 30, 1988, of the 25% of the collections of the general sales tax imposed at a rate of 4% directly or indirectly on fuels sold to propel motor vehicles upon highways, on the sale of motor vehicles, and on the sale of the parts and accessories of motor vehicles by new and used car businesses, used car businesses, accessory dealer businesses, and gasoline station businesses as classified by the department of treasury remaining after the allocations and distributions are made pursuant to subsections (2) and (3), the following amounts shall be deposited each year into the respective funds:

(a) Not less than 27.9% to the comprehensive transportation fund. However, for the fiscal year ending September 30, 1991 only, the amount to be deposited in the comprehensive transportation fund shall be reduced by $1,500,000.00. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, THE AMOUNT TO BE DEPOSITED IN THE COMPREHENSIVE TRANSPORTATION FUND SHALL BE REDUCED BY $12,750,000.00 AND THAT AMOUNT SHALL BE TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002. THE FOLLOWING COMPREHENSIVE TRANSPORTATION FUND ACCOUNTS ARE REDUCED BY $12,750,000.00 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002:

72000 - ADMINISTRATION ($200,000)

75170 - LOCAL BUS OPERATING ($3,247,300)

78120 - FREIGHT PROPERTY MANAGEMENT ($119,300)

79030 - DETROIT/WAYNE COUNTY PORT AUTHORITY ($31,500)

74050 - INTERCITY BUS EQUIPMENT ($1,000,000)

77610 - RAIL PASSENGER SERVICE ($78,000)

78430 - RAIL INFRASTRUCTURE LOAN PROGRAM ($800,000)

77400 - INTERCITY BUS SERVICE DEVELOPMENT ($100,000)

79050 - MARINE PASSENGER SERVICES ($500,000)

77090 - TERMINAL DEVELOPMENT ($200,000)

75260 - SPECIALIZED SERVICES ($190,000)

75200 - BUS CAPITAL ($378,900)

75210 - BUS PROPERTY MANAGEMENT ($60,000)

76190 - SERVICE DEVELOPMENT AND NEW TECHNOLOGY ($155,000)

76180 - PLANNING GRANTS ($40,000)

75220 - AUDIT SETTLEMENTS ($50,000)

75230 - REGION SERVICE COORDINATION ($900,000)

75300 - WORK FIRST INITIATIVE ($1,500,000)

3078 - RAIL INFRASTRUCTURE LOAN PROGRAM - RESERVE FOR REVOLVING LOAN PROGRAMS ($3,200,000)

(b) The balance to the state general fund.

Section 705 of 2001 PA 59 is amended as follows:

~~From the funds appropriated in part 1, $800,000.00 is allocated for a rail infrastructure loan program.~~ The RAIL INFRASTRUCTURE LOAN program shall provide noninterest-bearing loans for rail infrastructure improvements. The department shall evaluate loan applications according to the relative merit of the project in conjunction with program goals. The transportation commission shall approve the loans. The loans shall fund not less than 90% of the rail portion of project costs, and the loan repayment period shall not exceed 10 years. Local governments, railroads, and current or potential users of freight railroad services are eligible applicants. At the end of the fiscal year, unexpended funds shall remain in the rail infrastructure loan program and shall be available to be allocated for the purposes of the program in the succeeding fiscal year. Money that is received by this state as repayment for rail infrastructure loans made pursuant to this program shall remain within the rail infrastructure loan program and shall be allocated for the purposes of the program. The state's total contribution to the rail infrastructure loan program shall not exceed $15,000,000.00.

c. Healthy Michigan Fund

Healthy Michigan Fund revenue, distributed to the Department of Community Health for support of programs in accordance with 1978 PA 368, as amended, being Sections 333.1101 to 333.25211 of the Michigan Compiled Laws is reduced by amending Section 333.5953 as follows:

(5) Money remaining in the fund at the end of the fiscal year shall remain in the fund and be available for expenditure in the following year. The unencumbered balance at the close of the fiscal year shall not revert to the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, OF THE FUNDS ACCUMULATED IN THE FOLLOWING ACCOUNTS $3,448,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF SEPTEMBER 30, 2002:

11354 - EMPLOYEE WELLNESS PROGRAM GRANTS ($1,312,000)

11386 -VIOLENCE PREVENTION ($1,500,000)

14283 - ADOLESCENT AND CHILD HEALTH CARE SERVICES ($636,000)

d. Medical Waste Emergency Response Fund

Medical waste fee revenue, distributed to the Department of Environmental Quality for environmental health purposes in accordance with 1978 PA 368, as amended, being Sections 333.1101 to 333.25211 of the Michigan Compiled Laws is reduced by amending Section 13829 as follows:

(3) The state treasurer shall direct the investment of the fund. Interest and earnings of the fund shall be credited to the fund. Money in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, FUNDS ACCUMULATED IN THE MEDICAL WASTE EMERGENCY RESPONSE FUND OF $1,100,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF SEPTEMBER 30, 2002, INCLUDING FUNDS ACCUMULATED IN ACCOUNT 04913 - ENVIRONMENTAL HEALTH ($402,500).

e. Michigan Health Initiative Fund

Michigan Health Initiative Fund revenue, distributed to the Department of Community Health for support of programs in accordance with 1978 PA 368, as amended, being Sections 33.1101 to 33.25211 of the Michigan Compiled Laws is reduced by amending Section 333.5911 as follows:

(4) The unencumbered balance remaining in the fund at the close of the fiscal year shall remain in the fund, and shall not revert to the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, OF THE FUNDS ACCUMULATED IN THE FOLLOWING ACCOUNTS $2,488,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF SEPTEMBER 30, 2002:

16764 - AIDS PREVENTION, TESTING AND CARE PROGRAMS ($600,000)

11354 - EMPLOYEE WELLNESS PROGRAM GRANTS ($1,888,000)

f. Michigan Merit Award Trust Fund revenue, distributed in accordance with the Michigan Merit Award Scholarship Act, 1999 PA 94, being Sections 390.1451 to 390.1459 of the Michigan Compiled Laws is reduced by amending Section 390.1453 as follows:

(2) Money in the trust fund at the close of a fiscal year shall remain in the trust fund and shall not revert to the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, FUNDS ACCUMULATED IN THE MICHIGAN MERIT AWARD TRUST FUND OF $59,000,000.00 ARE HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF SEPTEMBER 30, 2002, INCLUDING FUNDS ACCUMULATED IN THE FOLLOWING ACCOUNTS:

80000 (AY 02) - MICHIGAN MERIT AWARD PROGRAM ($22,000,000)

80000 (AY 00 and AY 01) - MICHIGAN MERIT AWARD PROGRAM ($33,000,000)

03550 - POSTSECONDARY ACCESS STUDENT SCHOLARSHIP PROGRAM ($3,000,000)

03216 - TREASURY - MICHIGAN EDUCATION SAVINGS PROGRAM ($1,000,000)

Section 404 of 2001 PA 52 is amended as follows:

Sec. 404. (1) The Michigan postsecondary access student scholarship (PASS) program is established to provide a PASS award as calculated under this section for a student who is eligible under subsection (2), (3), or (4). The Michigan higher education assistance authority (MHEAA) shall administer the PASS program, for which there is ~~$5,000,000.00~~ $2,000,000.00 appropriated in part 1, and the PASS program shall comply with the requirements of this section.

g. Motorcycle License Fees

Motorcycle license fees, distributed to the Department of Education for support of motorcycle education in accordance with 1949 PA 300, being Sections 257.311a to 257.312g of the Michigan Compiled Laws, is reduced by amending Section 257.312c as follows:

(2) Except as otherwise provided in this subsection, the money received and collected under this section shall be deposited in the state treasury to the credit of the general fund. The secretary of state shall refund out of the fees collected to each county or municipality, acting as an examining officer or examining bureau, $3.00 for each applicant examined for a first endorsement to a 3- or 4-year operator's or chauffeur's license, $2.50 for each original endorsement to a 2-year operator's or chauffeur's license, $1.50 for each renewal endorsement to a 2-year operator's or chauffeur's license, and $1.50 for every other applicant examined whose application is not denied, on the condition, however, that the money refunded shall be paid to the county or local treasurer and is appropriated to the county, municipality, or officer or bureau receiving the money for the purpose of carrying out this act. Ten dollars of each original motorcycle endorsement and $3.00 of each renewal motorcycle endorsement shall be placed in a motorcycle safety fund in the state treasury and shall be used only by the department of education for the motorcycle safety education program as provided under section 811a. FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, FUNDS ACCUMULATED IN THE MOTORCYCLE SAFETY FUND OF $200,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002.

h. Teacher Testing Fees

Teacher testing fees, distributed to the Department of Education for administrative expenses of conducting teacher testing of the basic skills examination, elementary certification examination, and the subject area examinations in accordance with 1976 PA 451, being Sections 380.1 to 380.1853 of the Michigan Compiled Laws, is reduced by amending Section 380.1531 as follows:

(14) The department, or if approved by the superintendent of public instruction, a private testing service, may assess fees for taking the basic skills examination, elementary certification examination, and the subject area examinations. The fees, which shall be set by the superintendent of public instruction, shall not exceed $50.00 for a basic skills examination or $75.00 for an elementary certification examination or a subject area examination. However, if a subject area examination for vocational education includes a performance examination, an additional fee may be assessed for taking the performance examination, not to exceed the actual cost of administering the performance examination. Fees received by the department shall be expended solely for administrative expenses that it incurs in implementing this section. FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, FUNDS ACCUMULATED IN THE TEACHER TESTING FEES FUND OF $250,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002.

i. Tobacco Settlement Trust Fund

Tobacco Settlement revenue, distributed to the Department of Career Development, Michigan Strategic Fund, and to the Department of Community Health for support of programs in accordance with 2000 PA 489, being Sections 12.251 to 12.256 of the Michigan Compiled Laws, is reduced by amending Section 12.254 as follows:

Sec. 4. The legislature shall authorize the expenditure of tobacco settlement trust fund revenues through an appropriation act. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, OF THE FUNDS ACCUMULATED IN THE FOLLOWING ACCOUNTS $24,485,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AS OF SEPTEMBER 30, 2002:

COMMUNITY HEALTH: 33750 - STATE AND LOCAL MEDICAL PROGRAMS ($7,200,000)

46509 - LONG-TERM CARE ADVISOR ($2,285,000)

CAREER DEVELOPMENT: 08221 - COUNCIL OF MICHIGAN FOUNDATIONS ($2,000,000)

08260 - AY 00 - MICHIGAN TECHNICAL EDUCATION CENTERS ($8,000,000)

MICHIGAN STRATEGIC FUND: 03020 - HEALTH AND AGING RESEARCH AND DEVELOPMENT STRATEGIES ($5,000,000)

Section 1407 of 2001 PA 60 is amended as follows:

Sec. 1407. (1) The appropriation of ~~$3,046,000.00~~ $761,000.00 of tobacco settlement funds to the office of services to the aging for the long-term care advisor shall be allocated in accordance with a long-term care plan developed by the long-term care working group established in section 1657 of 1998 PA 336 upon implementation of the plan. The plan shall be implemented upon meeting the requirements of section 1684 of this act.

j. Statutory State General Revenue Sharing Grants

A portion of Michigan sales tax revenue, distributed to the Department of Treasury for revenue sharing payment in accordance with 1971 PA 140, as amended, being Sections 141.901 to 141.921 of the Michigan Compiled Laws, is reduced by $37,200,000.00 and transferred to the unappropriated balance of the general fund as of September 30, 2002.

Section 952 of 2001 PA 83 is amended as follows:

Sec. 952. Revenue collected in accordance with article IX, section 10 of the Michigan Constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to townships, cities, and villages on a population basis as specified by law. The appropriation in part 1 for statutory state general revenue sharing grants to townships, cities, and villages shall be reduced by an amount equal to any additional constitutional revenue sharing appropriations authorized in this section. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, THE APPROPRIATION CONTAINED IN PART 1 FOR STATUTORY STATE GENERAL REVENUE SHARING GRANTS IS REDUCED FROM $905,200,000.00 TO $868,000,000.00.

k. Transportation Economic Development Fund

Revenues from increases in operator's and chauffeur's license fees, distributed to the Department of Transportation for economic development fund purposes in accordance with 1949 PA 300, being Section 257.819 of the Michigan Compiled Laws, is reduced by amending Section 257.819 as follows:

Sec. 819. (1) Except as provided in subsections (2) and (3), revenue from the increases in fees provided in the 1987 amendatory act that added this section is appropriated to the transportation economic development fund, and shall not be appropriated for any other purpose in any act making appropriations of state funds. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, OF THE FUNDS ACCUMULATED IN THE FOLLOWING TRANSPORTATION ECONOMIC DEVELOPMENT FUND ACCOUNTS $2,250,000.00 IS HEREBY TRANSFERRED TO THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002:

87200 - TARGET INDUSTRIES/ECONOMIC REDEVELOPMENT ($1,125,000)

87400 - URBAN COUNTY CONGESTION ($562,500)

87500 - RURAL COUNTY PRIMARY ($562,500)

6. Expenditure reduction amounts and associated sources of restricted financing shall be transferred in accordance with provisions of Section 391, Act 431 of the Public Acts of 1984, as amended.

The State Budget Director is hereby authorized to take any and all actions necessary to implement the provisions of this order so that expenditures authorized by appropriations shall be reduced as specified above for the fiscal year October 1, 2001 to September 30, 2002.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 6th day of November, in the Year of our Lord, Two Thousand One.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

The following messages from the Governor were received and read:

November 6, 2001

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

Fire Fighters Training Council

Mr. William D. Anderson, 22655 Cedar Court, Hazel Park, Michigan 48030, county of Oakland, as a member representing the Metropolitan Club of America, succeeding Mr. Joseph John Zielinski of Dearborn, who has resigned, for a term expiring on December 31, 2003.

November 6, 2001

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

Michigan Natural Resources Trust Fund Board

Mr. Steven D. Arwood, 5665 S. Forest Hill Road, St. Johns, Michigan 48879, county of Clinton, as a member representing the general public, succeeding himself, for a term expiring on October 1, 2005.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 278

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 278, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1523.

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. 424 Yeas--34

Bennett Emmons McCotter Scott

Bullard Garcia McManus Shugars

Byrum Gast Miller Sikkema

Cherry Goschka Murphy Smith

DeBeaussaert Gougeon North Steil

DeGrow Hammerstrom Peters Stille

Dingell Hart Schuette Van Regenmorter

Dunaskiss Hoffman Schwarz Young

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

General Orders

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

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

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

Senate Bill No. 797, entitled

A bill to amend 1946 (Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending section 5 (MCL 35.605).

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43902 (MCL 324.43902), as amended by 2000 PA 69.

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43704 (MCL 324.43704), as amended by 2001 PA 50.

Senate Bill No. 801, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 12a (MCL 409.312a), as added by 1994 PA 394.

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

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

Senate Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 19 and 35, section 36 related to the Michigan state parks endowment fund, and section 37 of article IX, to eliminate certain investment restrictions for certain state funds, to increase the accumulated principal limitation of the Michigan natural resources trust fund, to modify provisions of the Michigan natural resources trust fund and the state parks endowment fund related to their allowable expenditures and the investment of their assets, to provide for the investment of the assets of the Michigan veterans' trust fund, and to renumber certain sections.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the joint resolution 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. 796, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1902, 1903, and 1904 (MCL 324.1902, 324.1903, and 324.1904), section 1902 as amended by 1996 PA 134 and sections 1903 and 1904 as added by 1995 PA 60.

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 amendments, the following bill:

Senate Bill No. 798, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74119 (MCL 324.74119), as added by 1995 PA 58.

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

1. Amend page 2, line 22, after "than" by striking out "$6,000,000.00" and inserting "$6,500,000.00".

2. Amend page 2, line 24, by striking out "$6,000,000.00" and inserting "$6,500,000.00".

3. Amend page 2, line 25, after "items" by striking out the balance of the subdivision and inserting a period.

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.

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

Senate Bill No. 472, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 2000 PA 72.

Substitute (S-3).

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

1. Amend page 1, line 1, after "a" by striking out "separate" and inserting "CHARITABLE AND EDUCATIONAL ENDOWMENT".

2. Amend page 3, line 14, by striking out all of enacting section 1.

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 President, Lieutenant Governor Posthumus, assumed the Chair.

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 joint resolution and bills, now on the order of Third Reading of Bills, be placed on their immediate adoption and passage at the head of the Third Reading of Bills calendar:

Senate Joint Resolution T

Senate Bill No. 796

Senate Bill No. 797

Senate Bill No. 798

Senate Bill No. 799

Senate Bill No. 800

Senate Bill No. 801

Senate Bill No. 472

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

The following joint resolution was read a third time:

Senate Joint Resolution T, entitled

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 425 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the joint resolution.

Senators Peters and Miller moved that they be named co-sponsors of the following joint resolution:

Senate Joint Resolution T

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 796, 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. 426 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 797, 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. 427 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 798, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74119 (MCL 324.74119), as added by 1995 PA 58.

The question being on the passage of the bill,

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

Roll Call No. 428 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43902 (MCL 324.43902), as amended by 2000 PA 69.

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. 429 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43704 (MCL 324.43704), as amended by 2001 PA 50.

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. 430 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 801, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 12a (MCL 409.312a), as added by 1994 PA 394.

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. 431 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Peters moved that he be named co-sponsor of the following bills:

Senate Bill No. 796

Senate Bill No. 797

Senate Bill No. 798

Senate Bill No. 799

Senate Bill No. 800

Senate Bill No. 801

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 472, 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. 432 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Gougeon, Peters and Miller moved that they be named co-sponsors of the following bill:

Senate Bill No. 472

The motion prevailed.

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No. 494

The motion prevailed.

Senate Bill No. 498, entitled

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

(For text of amendments, see Senate Journal No. 79, p. 1974.)

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. 433 Yeas--33

Emerson

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--1

Hoffman

In The Chair: President

The Senate agreed to the full title.

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

House Bill No. 4481, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

(For text of amendment, see Senate Journal No. 79, p. 1975.)

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

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

Roll Call No. 434 Yeas--34

Emerson Koivisto

Nays--0

Excused--3

Johnson Leland Vaughn

Not Voting--0

In The Chair: President

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 President, Lieutenant Governor Posthumus, designated Senator Hoffman as Chairperson.

Senate Bill No. 638, entitled

A bill to amend 1996 PA 480, entitled "An act to make appropriations for the judicial branch for the fiscal year ending September 30, 1997; to make appropriations to various state departments for the fiscal year ending September 30, 1997; to make appropriations for a capital outlay program for fiscal years ending September 30, 1997; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies, universities, and community colleges; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; to provide for the acquisition of land and the development of public recreation facilities; to provide for the powers and duties of certain state agencies, employees, and officials; and to provide for the expenditure of the appropriations," by amending section 1813.

Senate Bill No. 736, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 19 (MCL 552.519), as amended by 1998 PA 63.

House Bill No. 4868, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 5i and 35a (MCL 117.5i and 117.35a), section 5i as added by 1994 PA 431.

Senate Bill No. 808, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103.

House Bill No. 4775, entitled

A bill to amend 1978 PA 390, entitled "An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts," by amending section 11a (MCL 408.481a), as added by 1996 PA 215.

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

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

Senate Bill No. 422, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing sections 2021, 3520, and 3615 (MCL 600.2021, 600.3520, and 600.3615).

Substitute (S-2).

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

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

Senate Bill No. 738, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2021 (MCL 600.2021).

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. 674, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 221.

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. 720, entitled

A bill to amend 1968 PA 319, entitled "An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority," by amending section 7 (MCL 28.257).

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. 721, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending sections 2 and 3 (MCL 28.242 and 28.243), section 2 as amended by 1988 PA 40 and section 3 as amended by 1999 PA 266.

Substitute (S-2).

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

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

Senate Bill No. 722, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 2000 PA 220.

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. 725, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2972.

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. 726, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 2b (MCL 28.422b), as added by 1994 PA 338.

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. 727, entitled

A bill to amend 1961 PA 44, entitled "An act to provide for the release of misdemeanor prisoners by giving bond to the arresting officer in certain circumstances not inconsistent with public safety; and to repeal certain acts and parts of acts," by amending section 2a (MCL 780.582a), as added by 1990 PA 308.

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. 728, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950a (MCL 600.2950a), as amended by 1999 PA 268.

Substitute (S-2).

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

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

Senate Bill No. 729, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2950d, 2950e, 2950f, and 2950g.

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. 731, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15c of chapter IV (MCL 764.15c), as amended by 1999 PA 269.

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. 733, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27b to chapter VIII.

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. 734, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27a to chapter VIII.

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. 735, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15b of chapter IV and section 9a of chapter X (MCL 764.15b and 770.9a), section 15b of chapter IV as amended by 1999 PA 269 and section 9a of chapter X as amended by 1994 PA 195.

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. 751, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950 (MCL 600.2950), as amended by 1999 PA 268.

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. 752, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950a (MCL 600.2950a), as amended by 1999 PA 268.

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. 753, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15b of chapter IV (MCL 764.15b), as amended by 1999 PA 269.

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. 754, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15c of chapter IV (MCL 764.15c), as amended by 1999 PA 269.

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. 755, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2529 (MCL 600.2529), as amended by 1999 PA 268.

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. 756, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 22 of chapter XVI (MCL 776.22), as amended by 1994 PA 418.

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. 757, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 2, 2c, and 14 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2c, and 712A.14), section 1 as amended by 2000 PA 46, section 2 as amended by 2000 PA 55, and sections 2c and 14 as amended by 1998 PA 474.

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. 758, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 2000 PA 208.

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. 719, entitled

A bill to amend 1978 PA 389, entitled "An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; and to prescribe powers and duties of the family independence agency," (MCL 400.1501 to 400.1511) by adding section 11.

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. 723, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2000 PA 462 and section 81a as amended by 1999 PA 270.

Substitute (S-2).

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

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

Senate Bill No. 732, entitled

A bill to adopt the uniform child-custody jurisdiction and enforcement act prescribing the powers and duties of the court in a child-custody proceeding involving this state and a proceeding or party outside of this state; and to repeal acts and parts of acts.

Substitute (S-1).

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

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

House Bill No. 4872, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending section 5 (MCL 120.105).

Substitute (S-2).

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

1. Amend page 3, line 7, by striking out all of subsection (6) and inserting:

"(6) TO THE EXTENT NOT PROTECTED BY THE IMMUNITY CONFERRED BY 1964 PA 170, MCL 691.1401 TO 691.1415, A MEMBER OF THE AUTHORITY APPOINTED UNDER THIS SECTION WHO EXERCISES THE POWERS CONTAINED IN THIS ACT IN GOOD FAITH IS IMMUNE FROM CIVIL OR ADMINISTRATIVE LIABILITY ARISING FROM THAT CONDUCT, UNLESS THE CONDUCT WAS GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT.".

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:

House Bill No. 5189, entitled

A bill to enter into the interstate emergency management assistance compact.

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. 715, entitled

A bill to enter into the interstate emergency management assistance compact.

Substitute (S-2).

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

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

House Bill No. 4753, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2131 (MCL 324.2131), as added by 1995 PA 60.

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

1. Amend page 2, line 10, by striking out "$5,000,000.00" and inserting "$2,500,000.00".

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

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

Senate Bill No. 639, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8142 (MCL 500.8142), as amended by 1998 PA 279.

Substitute (S-2).

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

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

Senate Bill No. 718, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 551 (MCL 418.551), as amended by 1992 PA 269.

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. 677, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 629e (MCL 257.629e), as amended by 2000 PA 268.

Substitute (S-2).

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

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

House Bill No. 4995, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 40 (MCL 125.310), as amended by 2000 PA 384, and by adding section 16h.

Substitute (S-4).

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

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 12. Within 7 days after publication of a zoning ordinance under section 11a, a registered elector residing in the portion of the township outside the limits of cities and villages may file with the township clerk a notice of intent to file a petition under this section. If a notice of intent is filed, then within 30 days following the publication of the zoning ordinance, a petition signed by a number of registered electors residing in the portion of the township outside the limits of cities and villages equal to not less than ~~10%~~ 15% of the total vote cast for all candidates for governor, at the last preceding general election at which a governor was elected, in the township may be filed with the township clerk requesting the submission of an ordinance or part of an ordinance to the electors residing in the portion of the township outside the limits of cities and villages for their approval. Upon the filing of a notice of intent, the ordinance or part of the ordinance adopted by the township board shall not take effect until 1 of the following occurs:

(a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time.

(b) If a petition is filed within 30 days after publication of the ordinance, the township clerk determines that the petition is inadequate.

(c) If a petition is filed within 30 days after publication of the ordinance, the township clerk determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the portion of the township outside the limits of cities and villages voting thereon at the next regular election which supplies reasonable time for proper notices and printing of ballots, or at any special election called for that purpose. The township board shall provide the manner of submitting an ordinance or part of an ordinance to the electors for their approval or rejection, and determining the result of the election.".

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:

House Bill No. 5028, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 40 (MCL 125.240), as amended by 2000 PA 385, and by adding section 16h.

Substitute (S-4).

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

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

House Bill No. 5029, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 20 (MCL 125.600), as amended by 2000 PA 383, and by adding section 4f.

Substitute (S-4).

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

The Secretary announced that the Majority Leader has made the appointments of the following standing committees:

Families, Mental Health and Human Services - Senator North temporarily replacing Senator Johnson.

Education - Senator Garcia temporarily replacing Senator Johnson.

The standing committee appointments were approved, a majority of the members serving voting therefor.

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. 131

The resolution consent calendar was adopted.

Senator Scott offered the following resolution:

Senate Resolution No. 131.

A resolution honoring Reverend Dee Dee M. Coleman.

Whereas, Reverend Dee Dee M. Coleman has been the recipient of many awards, commendations, and tributes for her boldness when speaking and proclaiming the uplifting of the name of Jesus. She has been noted as an "upcoming female in ministry who has a no-nonsense approach to the Gospel"; and

Whereas, Reverend Coleman has been under the leadership and tutelage of the Reverend Dr. Charles G. Adams, senior pastor of Hartford Memorial Baptist Church of Detroit, where she served as an associate minister and diaconate's trainer. She has been in the ministry since 1963 and was ordained as a deacon in October 1988. She was granted her license to preach in October 1990 and received full ordination to the ministry in July 1993; and

Whereas, Reverend Coleman served as the assistant to the pastor in liturgical ministries for Russell Street Missionary Baptist Church, where the Reverend Dr. Anthony C. Campbell was the senior pastor. She preaches and teaches throughout the country and is uniquely talented in presenting workshops on women's issues, bereavement, church structure, and deacon responsibilities; and

Whereas, Holding numerous memberships in various civic, social, community, and state organizations, Reverend Coleman cites the need for involvement as "critical in the movement of all people." She is the 1998 recipient of the American Business Women's Association Motor City Charter Chapter "Business Associate of the Year" award, as well as special tributes for her work in ministry from the United States Congress, United States Senate, Michigan Legislature, Michigan Senate, and the Spirit of Detroit Award from the city of Detroit for her invaluable work with and for community services; and

Whereas, Reverend Coleman holds a bachelor's degree in business administration from William Tyndale College, located in Farmington Hills, and is currently a doctoral candidate to Ashland Seminary, working on a doctorate in ministry with special studies in liturgical structure and planning of the world church. To her credit, Reverend Coleman was the beneficiary of a trip to England, where she was accepted to study on her doctorate at Westminster Abbey, under the guidance of the High Minister Canon Donald Gray, who serves as the minister to the Royal Family in London. Her studies included liturgy of the world church, where she preached, taught, and facilitated a conference for the East London Black Women's Association. She also had the opportunity to study church structure on a cathedral crawl from Iona (Scotland), Paris, and throughout London. She was the first North American black woman to ever be accepted for such an honor; now, therefore, be it

Resolved by the Senate, That the members of this legislative body join with the members of Russell Street Missionary Baptist Church in saluting Reverend Dee Dee M. Coleman in acknowledgment of her outstanding achievements; and be it further

Resolved, That a copy of this resolution be transmitted to Reverend Dee Dee Coleman and her family as evidence of the Michigan Senate's abiding esteem for her and her many attainments.

Senator DeBeaussaert was named co-sponsor of the resolution.

Introduction and Referral of Bills

Senators Schuette, Garcia, Shugars, Steil, Bullard, Goschka, Gougeon, McCotter, Dunaskiss, Bennett and Hoffman introduced

Senate Bill No. 818, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1999 PA 6; 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 Finance.

Senators Sikkema, Garcia, North, Schwarz, Smith, Peters, Byrum and Goschka introduced

Senate Bill No. 819, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9101 (MCL 324.9101), as amended by 2000 PA 504.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Garcia, Sikkema, Bullard, Schuette, Steil and Goschka introduced

Senate Bill No. 820, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending sections 801, 831, 915, 922, and 925 (MCL 450.2801, 450.2831, 450.2915, 450.2922, and 450.2925), section 915 as amended by 1996 PA 84.

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

Senators Garcia, Sikkema, Bullard, Schuette, Steil and Goschka introduced

Senate Bill No. 821, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending sections 207, 909, and 1101 (MCL 450.4207, 450.4909, and 450.5101), as amended by 1997 PA 52.

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

Senators Sikkema, Bullard, Garcia, Goschka and Steil introduced

Senate Bill No. 822, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 801, 817, 831, 915, 922, and 925 (MCL 450.1801, 450.1817, 450.1831, 450.1915, 450.1922, and 450.1925), sections 801 and 817 as amended by 1997 PA 118, sections 831 and 925 as amended by 1989 PA 121, section 915 as amended by 1996 PA 196, and section 922 as amended by 1993 PA 91.

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

Senator Peters introduced

Senate Bill No. 823, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 34 (MCL 445.1684), as added by 1996 PA 210.

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

Committee Reports

The Committee on Finance reported

Senate Bill No. 356, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 1998 PA 545.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 477, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3a (MCL 205.93a), as amended by 1998 PA 366.

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. 516, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 536, entitled

A bill to amend 2000 PA 161, entitled "Michigan education savings program act," by amending section 7 (MCL 390.1477).

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. 678, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3 (MCL 205.93), as amended by 1999 PA 117.

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.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submits the following:

Meeting held on Tuesday, November 6, 2001, at 1:05 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower

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

Scheduled Meetings

Education - Thursday, November 8, 1:00 p.m., Room 100, Farnum Building (373-7350)

Government Operations - Thursday, November 8, 1:00 p.m., Room 405, Capitol Building (373-1707)

Great Lakes Conservation Task Force - Monday, November 26, 6:00 p.m., Saginaw Valley State University, Curtis Center, 2250 Pierce Road, University Center (373-0797)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 12:05 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, November 8, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

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

74709 (AY 02)	Major special maintenance and remodeling for department of		1,927,800
	corrections
74710 (AY 02)	Major special maintenance and remodeling for department of		1,012,500
	management and budget
74711 (AY 02)	Major special maintenance and remodeling for family		550,000
	independence agency
74712 (AY 02)	Major special maintenance and remodeling for department of		500,000
	community health
74713 (AY 02)	Major special maintenance and remodeling for department of		150,000
	natural resources
74714 (AY 02)	Major special maintenance and remodeling for department of		256,200
	state police
02750 (AY 94)	Planning and special studies for conducting planning projects		3,200,000
	and special studies regarding service requirements and related
	facility needs of various state agencies, universities, and community
	colleges
01738 (AY 02)	State building authority rent - state agencies		2,974,400
01739 (AY 02)	State building authority rent - department of corrections		3,873,500
01737 (AY 02)	State building authority rent - universities	2,152,100
40009 (AY 00)	Kalamazoo aviation history museum		3,000,000
40004 (AY 99)	Art, cultural, development, and quality of life grants		2,300,000

Public Act	Department	Amount
2001 PA 53	Agriculture	2,323,500
2001 PA 83	Attorney General	1,860,600
2001 PA 80	Career Development	1,654,900
2001 PA 83	Civil Rights	260,000
2001 PA 83	Civil Service	560,860
2001 PA 60	Community Health	85,304,100
2001 PA 119	Consumer and Industry Services	4,875,100
2001 PA 41	Corrections	54,900,000
2001 PA 42	Education	1,572,100
2001 PA 43	Environmental Quality	17,394,200
2001 PA 83	Executive Office	228,900
2001 PA 82	Family Independence Agency	24,197,100
2001 PA 83	History, Arts and Libraries	4,420,800
2001 PA 120	History, Arts and Libraries	2,217,800
2001 PA 83	Management and Budget	2,308,900
2001 PA 54	Military and Veterans Affairs	1,791,625
2001 PA 44	Natural Resources	6,770,300
2001 PA 83	State	43,037,800
2001 PA 51	State Police	7,550,000
2001 PA 121	State School Aid	7,200,000
2001 PA 80	Strategic Fund	4,755,600
2001 PA 83	Treasury	10,104,800

Number		Item	Amount
03909	Migrant labor housing		345,400
03903	Food bank		319,000
03904	Grown in Michigan			94,500
03946	Northwest Michigan horticultural research station				41,800
03970	Orchard or vineyard removal				37,800
01290	Horse shows			15,000
02280	Disease and pest intervention fund				50,000
03908	Local conservation districts		780,000
01220	Agriculture development		290,000
01210	Management services		224,000
01270	Upper Peninsula state fair				10,000
03900	Fairs and expositions					9,400
01120	Statistical reporting services				30,000
02205	Pesticide and plant pest management				76,600

Appropriation				Reduction
Number		Item		Amount
02968	Multicultural services			396,200
01718	Pilot projects in prevention for adults and children				800,000
11352	Cancer prevention and control program				112,500
11387	Michigan Parkinson's Foundation				150,000
14283	Adolescent and child health care services			2,164,000
46514	Senior citizen centers staffing and equipment			1,000,000
33500	Hospital services and therapy		13,745,000
33600	Ambulance services				436,400
33680	Long-term care services			6,500,000
33860	Special adjustor payments		60,000,000

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