No. 7

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Tuesday, February 5, 2002.

 

10:00 a.m.

 

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

 

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

 

 
Bennett--presentGougeon--presentSanborn--present
Bullard--presentHammerstrom--presentSchuette--excused
Byrum--presentHart--presentSchwarz--present
Cherry--presentHoffman--presentScott--present
DeBeaussaert--presentJohnson--presentShugars--present
DeGrow--presentKoivisto--presentSikkema--present
Dingell--presentLeland--presentSmith--present
Dunaskiss--excusedMcCotter--presentSteil--present
Emerson--presentMcManus--presentStille--present
Emmons--presentMiller--presentVan Regenmorter--present
Garcia--presentMurphy--presentVaughn--excused
Gast--presentNorth--presentYoung--present

Goschka--present Peters--present

 

 

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

Our Father, who art in Heaven, hallowed be Thy name. Thy kingdom come; Thy will be done on earth as it is in Heaven. Give us this day our daily bread, and forgive us our trespasses as we forgive those who trespass against us. Amen.

 

 

Recess

 

 

Senator Emmons moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:03 a.m.

 

10:41 a.m.

 

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

 

During the recess, Senators Miller, Cherry, Young, Garcia, Bullard, Sikkema, DeGrow, McManus, North, Stille, Gast, Hammerstrom, McCotter, Johnson, Gougeon, Bennett, Goschka and Steil entered the Senate Chamber.

 

A quorum of the Senate was present.

 

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

The motion prevailed.

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

The following communication was received:

Automobile Theft Prevention Authority

January 29, 2002

As chair of the Michigan Automobile Theft Prevention Authority (ATPA) Board of Directors, I am pleased to submit our 2001 Annual Report to the Senate. I am proud to report that Michigan is carrying on its fight against automobile theft.

This report is in accordance with provisions of Act 174 of 1992. Copies have also been delivered to Governor Engler and the Clerk of the House. Furthermore, individual reports are being mailed to all members of the legislature.

If you would like additional copies, please feel free to contact the ATPA at (517) 336-6197.

Sincerely,

Michael D. Robinson

Director

The communication was referred to the Secretary for record.

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, January 30:

House Bill No. 5434

 

The Secretary announced the enrollment printing and presentation to the Governor on Monday, February 4, for his approval the following bills:

Enrolled Senate Bill No. 682 at 3:10 p.m.

Enrolled Senate Bill No. 683 at 3:12 p.m.

Enrolled Senate Bill No. 684 at 3:14 p.m.

 

The Secretary announced the printing and placement in the members' files on Wednesday, January 30, of:
Senate Bill Nos.10081010101110121013
House Bill Nos.55755576557755785579

The Secretary announced the printing and placement in the members' files on Friday, February 1, of:
Senate Bill Nos.10141015101610171019102010211022102310241025102610271028
10291030103110321033103410351036103710381039104010411042
10431044104510461047104810491050105110521053105410551056
1057
House Bill Nos.55805581558255835584

 

The Secretary announced the printing and placement in the members' files on Monday, February 4, of:

Senate Bill No. 1018

 

Senators Smith and Van Regenmorter entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Messages from the House

 

 

House Bill No. 4042, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending the title and sections 1, 1a, 2, 3, 4, 5, 6, and 7 (MCL 445.111, 445.111a, 445.112, 445.113, 445.114, 445.115, 445.116, and 445.117), section 1 as amended by 1999 PA 18 and sections 2 and 3 as amended by 2000 PA 15.

The House of Representatives has nonconcurred in the Senate substitute (S-8) and appointed Reps. Bradstreet, Faunce and Rivet as conferees.

The message was referred to the Secretary for record.

 

 

House Bill No. 4632, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2000 PA 14, and by adding section 9a.

The House of Representatives has nonconcurred in the Senate substitute (S-2) and appointed Reps. Bradstreet, Faunce and Rivet as conferees.

The message was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

Motions and Communications

 

 

The following communication was received and read:

Office of the Senate Majority Leader

February 1, 2002

Pursuant to Senate Rule 1.105, I hereby appoint the following members to the conference committees:

House Bill 4042 Emmons

Steil

Cherry

 

House Bill 4632 Emmons

Steil

Cherry

Sincerely,

Dan L. DeGrow

Senate Majority Leader

The communication was referred to the Secretary for record.

 

 

Messages from the Governor

 

 

The following message from the Governor was received and read:

February 4, 2002

There are herewith presented for consideration and confirmation by the Senate, the following appointments to office:

Michigan Board of Psychology

Ms. Mary Jo Wall, 3879 Carriage Road, Bloomfield Hills, Michigan 48301, county of Oakland, as a member representing the general public, succeeding Mr. Robert C. Fonger of East Grand Rapids, whose term has expired, for a term expiring on December 31, 2005.

Mr. James D. Pascoe, 511 Richardi Street, Bellaire, Michigan 49615, county of Antrim, as a member representing the general public, succeeding Ms. Margaret M. Bacarella of Monroe, whose term has expired, for a term expiring on December 31, 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

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 Scott 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. 829, entitled

A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).

 

 

Senate Bill No. 830, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).

 

 

Senate Bill No. 831, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.

 

 

Senate Bill No. 832, entitled

A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).

 

 

Senate Bill No. 833, entitled

A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.

 

 

Senate Bill No. 834, entitled

A bill to amend 1994 PA 53, entitled "An act to authorize internally pooled investments by certain local governmental units," by amending section 1 (MCL 123.931).

 

 

Senate Bill No. 837, entitled

A bill to amend 1995 PA 280, entitled "An act to authorize local units of government to accept financial transaction device payments," by amending section 1 (MCL 129.221).

 

 

Senate Bill No. 838, entitled

A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending sections 1 and 2 (MCL 129.241 and 129.242), section 1 as amended by 2000 PA 169.

Senate Bill No. 839, entitled

A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 4 (MCL 141.424), as amended by 2000 PA 493.

 

 

Senate Bill No. 840, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 17a (MCL 141.917a), as amended by 1987 PA 283.

 

 

Senate Bill No. 845, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 75b (MCL 41.75b), as amended by 1990 PA 230.

 

 

Senate Bill No. 846, entitled

A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 13a (MCL 41.283a).

 

 

Senate Bill No. 847, entitled

A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; to prescribe the powers and duties of township boards with respect to those services and facilities; and to prescribe penalties and provide remedies," by amending sections 8, 20m, and 20o (MCL 41.338, 41.350m, and 41.350o), section 8 as amended and sections 20m and 20o as added by 1989 PA 83.

 

 

Senate Bill No. 848, entitled

A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6c (MCL 41.416c), as added by 1989 PA 82.

 

 

Senate Bill No. 849, entitled

A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; to provide the powers and duties of certain local units of government and certain officials; and to prescribe penalties and provide remedies," by amending section 6d (MCL 41.426d), as added by 1989 PA 79.

 

 

Senate Bill No. 850, entitled

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

 

 

Senate Bill No. 851, entitled

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

 

 

Senate Bill No. 852, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11c (MCL 46.11c), as amended by 1989 PA 30.

Senate Bill No. 853, entitled

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

 

 

Senate Bill No. 854, entitled

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

 

 

Senate Bill No. 855, entitled

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

 

 

Senate Bill No. 857, entitled

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

 

 

Senate Bill No. 858, entitled

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

 

 

Senate Bill No. 862, entitled

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

 

 

Senate Bill No. 863, entitled

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

 

 

Senate Bill No. 864, entitled

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

 

 

Senate Bill No. 865, entitled

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

 

 

Senate Bill No. 867, entitled

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

 

 

Senate Bill No. 869, entitled

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

 

 

House Bill No. 4980, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 65.

House Bill No. 5005, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 3, 4a, 5, 6, 9i, 10a, and 10b (MCL 290.643, 290.644a, 290.645, 290.646, 290.649i, 290.650a, and 290.650b), section 3 as amended by 2000 PA 206, section 4a as added by 1986 PA 127, and sections 5 and 6 as amended and sections 9i, 10a, and 10b as added by 1993 PA 236.

 

 

Senate Bill No. 1005, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 1993 PA 79.

 

 

Senate Bill No. 943, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2000 PA 298.

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. 836, entitled

A bill to amend 1994 PA 325, entitled "The international tradeport development authority act," by amending section 16 (MCL 125.2536); 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:

Senate Bill No. 841, entitled

A bill to amend 1981 PA 80, entitled "Fiscal stabilization act," by amending section 4 (MCL 141.1004), as amended by 1987 PA 279; 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:

Senate Bill No. 843, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6097 (MCL 600.6097), as amended by 1984 PA 393.

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. 844, entitled

A bill to repeal 1992 PA 275, entitled "The federal facility development act," (MCL 3.931 to 3.940).

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. 856, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies," by amending sections 11j and 11k (MCL 123.961j and 123.961k), section 11j as amended by 1983 PA 29 and section 11k as added by 1980 PA 74; 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:

Senate Bill No. 859, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 7 (MCL 124.507), as amended by 1985 PA 10.

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. 870, entitled

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

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. 866, entitled

A bill to amend 1917 PA 298, entitled "An act to authorize cities and villages to levy a tax for the purpose of collecting and disposing of garbage; and providing for the issuance of bonds therefor," by amending section 1 (MCL 123.261).

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. 4195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.

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. 930, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.

Substitute (S-2).

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

1. Amend page 2, line 21, by striking out all of line 21 through "FOLLOWING:" on line 2 of page 3 and inserting:

"(G) "RENDERS CRIMINAL ASSISTANCE" MEANS THAT THE PERSON WITH THE INTENT TO AVOID, PREVENT, HINDER, OR DELAY THE DISCOVERY, APPREHENSION, PROSECUTION, TRIAL, OR SENTENCING OF A PERSON WHOM HE OR SHE KNOWS OR HAS REASON TO KNOW HAS VIOLATED THIS CHAPTER OR IS WANTED AS A MATERIAL WITNESS IN CONNECTION WITH AN ACT OF TERRORISM PURSUANT TO SECTION 39 OF CHAPTER VII OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 767.39, DOES ANY OF THE FOLLOWING:".

2. Amend page 3, line 7, after "DISGUISE," by striking out "FAKE IDENTIFICATION DOCUMENTS" and inserting "OR FALSE IDENTIFICATION".

3. Amend page 3, line 11, after "DISCOVERY" by striking out the balance of the subparagraph and inserting a comma and "APPREHENSION, OR PROSECUTION OF THAT OTHER PERSON.".

4. Amend page 3, line 15, after "ERY" by striking out the balance of the subparagraph and inserting a comma and "APPREHENSION, OR PROSECUTION OF THAT OTHER PERSON.".

5. Amend page 3, line 17, after "(vi)" by striking out the balance of the subparagraph and inserting "ENGAGES IN CONDUCT PROSCRIBED UNDER SECTION 120, 120A, OR 122 OR CHAPTER XXXII.".

6. Amend page 4, following line 15, by inserting:

"(2) THIS SECTION DOES NOT APPLY TO CONDUCT FOR WHICH A PERSON MAY BE PUNISHED AS IF HE OR SHE HAD COMMITTED THE OFFENSE COMMITTED BY ANOTHER PERSON AS ALLOWED UNDER SECTION 39 OF CHAPTER VII OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 767.39." and renumbering the remaining subsection.

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

 

 

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

Senate Bill No. 803, entitled

A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.

Substitute (S-2).

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

1. Amend page 3, line 24, after the second "device" by inserting a comma and "computer software,".

2. Amend page 20, following line 8, by inserting:

"(f) A statement of the estimated cost of the manpower and other resources used in the interception for the period of time the interception is authorized.".

3. Amend page 34, following line 2, by inserting:

"Sec. 17. The director of the department of state police or a person designated by the director shall maintain custody of all interception devices to be used by state law enforcement officers during the periods in which those devices are not being used for interception purposes under a court order. The sheriff for a county or a person designated by the sheriff shall maintain custody of all interception devices to be used by local law enforcement officers in that county during periods in which those devices are not being used for interception purposes under a court order. The director of state police and the sheriff for a county or their designees shall maintain a custody log of interception devices that are in their custody under this section. The log shall keep a record of the following information:

(a) Each person who has been granted access to the interception device.

(b) The inclusive dates of access.

(c) The purpose of the access.

(d) If access is pursuant to a court order, the name of the judge who issued the order.".

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

 

 

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

Senate Bill No. 730, entitled

A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending sections 4 and 5 (MCL 780.654 and 780.655).

Substitute (S-1).

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

1. Amend page 4, line 5, after "AFFIDAVIT" by striking out "AND RETURN" and inserting "OR TABULATION, OR BOTH,".

2. Amend page 4, line 24, after "OR" by striking out "RETURN" and inserting "TABULATION".

3. Amend page 5, line 7, after "practicable" by striking out "after trial".

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

 

 

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

Senate Bill No. 931, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), section 1 as amended and section 1a as added by 1997 PA 99 and section 2 as amended by 1999 PA 89.

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. 806, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 300.

Substitute (S-1).

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

1. Amend page 4, following line 10, by inserting:

"780.1006 PUB TRST F UNAUTHORIZED DISCLOSURE

OF COMMUNICATION

INTERCEPTION 4".

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

 

 

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

Senate Bill No. 934, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370, and by adding section 85a.

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. 936, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 19f of chapter VII (MCL 767.19f).

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. 939, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

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. 940, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 212a (MCL 750.212a), as added by 1998 PA 207.

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. 942, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

Substitute (S-1).

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

1. Amend page 1, line 3, after "SYSTEM" by inserting "THAT IS NOT SUBJECT TO THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION".

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

 

 

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

Senate Bill No. 946, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 22, 31, 33, 35, 37, and 49 of chapter XVII (MCL 777.22, 777.31, 777.33, 777.35, 777.37, and 777.49), sections 22, 33, and 35 as amended by 2000 PA 279, sections 31 and 49 as amended by 2001 PA 136, and section 37 as added by 1998 PA 317, and by adding section 49a.

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. 948, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2001 PA 6.

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. 949, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as amended by 2000 PA 372.

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. 995, entitled

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

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. 996, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 371.

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. 997, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 1997 PA 75.

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. 1006, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370.

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.

 

 

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

The motion prevailed.

Senator Young's statement is as follows:

I'd like to introduce to the body today an individual who graduated from Western Michigan University in 1978. He played football at Cornell University, however, I believe he switched from the big ball to the small ball for good reasons. He was a graduate of Richards High School in Oak Lawn, Illinois. He's been recognized as a Sports Executive of the Year at the tenth annual March of Dimes National Athletic Awards dinner in 1998 at our own Fox Theatre in the city of Detroit.

In his twenty-fourth season of professional baseball, Mr. David Dombrowski joins the Tigers as the organization's fifteenth president. Prior to joining the Tigers, however, he served as the Florida Marlins president and general manager. I believe those of us who follow baseball realize and know that he was the architect of the 1997 World Series champion Marlins, which Florida became the fastest expansion team to obtain a World Series title in only its fifth year.

He comes to us today, and he is also married. His wife--his lady's name is Karie Ross, and they both have a son and a daughter, Darbi Rose and Landon Ronald. I would appreciate it if the chamber would recognize Mr. Dombrowski, who is also being joined by Miss Elaine Lewis, who is the vice president of Public Affairs and Strategic Planning for the Detroit Tigers organization. They are in the west Gallery, and I would appreciate it if they would both stand and have my members welcome them to the Senate today.

 

 

Resolutions

 

 

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

Senate Concurrent Resolution No. 11

Senate Resolution No. 149

Senate Resolution No. 150

The motion prevailed.

 

 

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 160

The resolution consent calendar was adopted.

 

 

Senator Garcia offered the following resolution:

Senate Resolution No. 160.

A resolution honoring Brigadier General Michael J. Rice upon the occasion of his retirement from service with the Michigan Department of Military and Veterans Affairs.

Whereas, Brigadier General Michael J. Rice has been a dedicated servant with the state of Michigan, and we are grateful for his long and distinguished service; and

Whereas, General Rice has served in a variety of challenging positions with ever-increasing responsibilities within state government and excelled in all of his duties. Beginning in 1972, he served as a special assistant to the state comptroller and coordinated the state resources for National Guard emergency assistance operations. He also served as the public affairs officer for the department and the department coordinator for a multi-agency task force to control flooding in St. Clair County; and

Whereas, His talents and administrative abilities were also recognized to the point where he became the director of the Michigan Vietnam Veterans' Era Bonus Program, the assistant comptroller, and the executive assistant to the adjutant general in quick succession. The next 15 years he worked closely with the Legislature on both programmatic and budgetary issues as the director of Legislative Affairs and maintained an excellent reputation with members of both political parties, while simultaneously serving as the director, Bureau of State Operations; and

Whereas, He was promoted to the position of deputy department director for State and Veterans' Affairs (DMA), where he assumed oversight of the Grand Rapids Home for Veterans and the D.J. Jacobetti Home for Veterans in Marquette. He then assumed the additional duties of serving as the assistant adjutant general for Veterans' Affairs for Michigan (DMA); and

Whereas, General Rice was a graduate of the Army War College and the Harvard University-J.F.K. School of Government, Program for Senior Executives in State and Local Government; and

Whereas, Having served our country in the Michigan National Guard for over 34 years and state government for 29 years, this great patriot is worthy of our highest praise and admiration. His sense of duty, dedication, and commitment to our country and our state are a reflection of great credit to himself, the Michigan National Guard, and the state of Michigan. This exceptional leader is a fine role model for future generations; now, therefore, be it

Resolved by the Senate, That sincere praise be hereby accorded to Brigadier General Michael J. Rice to honor his sacrifice and service as a soldier, statesman, and public servant; and be it further

Resolved, That a copy of this resolution be transmitted to Brigadier General Rice as a token of our esteem and appreciation.

Senator Emmons moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

 

 

Introduction and Referral of Bills

 

 

Senator Sikkema introduced

Senate Bill No. 1058, entitled

A bill to amend 1984 PA 274, entitled "Michigan antitrust reform act," by amending section 4 (MCL 445.774).

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

 

 

Senator Emmons introduced

Senate Bill No. 1059, entitled

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

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

 

 

Senator Bullard introduced

Senate Bill No. 1060, entitled

A bill to repeal 1870 (Ex Sess) PA 5, entitled "An act to authorize the introduction of water into, and the construction or purchase of hydraulic works in the cities and villages in the state of Michigan," (MCL 123.111 to 123.130).

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

 

 

Senator Leland introduced

Senate Bill No. 1061, entitled

A bill to repeal 1923 PA 60, entitled "An act to authorize the board of supervisors of any county of this state, severally, or in conjunction with the legislative body or board of any 1 or more cities or villages having a population in excess of 5,000 according to the last official census to establish and operate a public agricultural produce market or markets or sell, exchange or abandon the same," (MCL 46.101 to 46.104).

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

Senator Garcia introduced

Senate Bill No. 1062, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending section 2 (MCL 123.872), as added by 1985 PA 9.

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

 

 

Senator Emmons introduced

Senate Bill No. 1063, entitled

A bill to amend 1981 PA 97, entitled "Michigan municipal distributable aid bond act," by amending section 10 (MCL 141.1030), as amended by 1987 PA 281; 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.

 

 

Senator Sanborn introduced

Senate Bill No. 1064, entitled

A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending sections 12, 21, and 33 (MCL 141.1212, 141.1221, and 141.1233), section 33 as amended by 1992 PA 265.

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

 

 

Senator Leland introduced

Senate Bill No. 1065, entitled

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

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

 

 

Senator Leland introduced

Senate Bill No. 1066, entitled

A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 10 (MCL 447.160), as amended by 1990 PA 304.

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

 

 

Senator Scott introduced

Senate Bill No. 1067, entitled

A bill to amend 1971 PA 182, entitled "An act to permit a city or village owning and operating a public utility to borrow money for a term not to exceed 5 years for the purpose of purchasing, acquiring, constructing, improving, enlarging, extending or repairing the facilities of the public utility; to issue notes or other evidences of indebtedness therefor; to repay such borrowing from the revenues of the utility; to permit the pledging or assignment of bonds or other securities or evidences of debt held as investments for said public utility to secure such borrowings; and to provide other powers, rights and duties," by amending sections 1 and 2 (MCL 460.461 and 460.462), section 2 as amended by 1983 PA 121.

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

 

 

Senator Schwarz introduced

Senate Bill No. 1068, entitled

A bill to repeal 1919 PA 325, entitled "An act to authorize and empower cities to own and acquire land, by gift, purchase, condemnation, or otherwise, for the erection of memorials to soldiers and sailors; to authorize the erection of such memorials and determine the character thereof; to provide for the appropriation of money for the acquisition, erection and maintenance thereof, for the assessment, levy and collection of taxes, the borrowing of money, and the issuing of bonds therefor, and for the custody, control and management of such memorials," (MCL 35.871 to 35.873).

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

Senator Van Regenmorter introduced

Senate Bill No. 1069, 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.

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

 

 

Senator Emmons introduced

Senate Bill No. 1070, entitled

A bill to repeal 1911 PA 228, entitled "An act to authorize the boards of supervisors of the several counties in this state to borrow money, and issue bonds therefor, for the purchase of land and improve the same by the erection of buildings and other improvements thereon or for the purpose of improving and erecting buildings upon lands already purchased and held by said county to be used for the purpose of holding thereon fairs and exhibitions of an agricultural character," (MCL 46.111).

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

 

 

Senator Bullard introduced

Senate Bill No. 1071, entitled

A bill to repeal 1911 PA 26, entitled "An act to legalize the proceedings taken by any village in the state of Michigan, incorporated under Act No. 3 of the Public Acts of 1895, as amended, authorizing the issuance of bonds for the purpose of securing an additional water supply and extending the municipal lighting plant of any such village," (MCL 79.1 to 79.2).

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

 

 

Senator Sanborn introduced

Senate Bill No. 1072, entitled

A bill to repeal 1925 PA 209, entitled "An act to authorize any incorporated village having a population of 1,000 or less, which may be the county seat of any county in this state, to borrow money, and issue bonds therefor, for the purpose of buying or building a courthouse or jail or both for said county in such village, upon approval of the electors of said village," (MCL 79.41 to 79.43).

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

 

 

Senator Smith introduced

Senate Bill No. 1073, entitled

A bill to amend 1929 PA 312, entitled "The metropolitan district act," by amending sections 4 and 5 (MCL 119.4 and 119.5).

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

 

 

Senator Bullard introduced

Senate Bill No. 1074, entitled

A bill to amend 1925 PA 234, entitled "An act to provide for the creation and establishment of port districts; to prescribe their rights, powers, duties and privileges; to prescribe their powers of regulation in certain cases; to prescribe their powers in respect to acquiring, improving, enlarging, extending, operating, maintaining and financing various projects and the conditions upon which certain of said projects may extend into another state or county," by amending section 32 (MCL 120.32).

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

Senator Shugars introduced

Senate Bill No. 1075, entitled

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

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

 

 

Senator Shugars introduced

Senate Bill No. 1076, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 19 (MCL 124.669), as amended by 1998 PA 373.

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

 

 

Senator Shugars introduced

Senate Bill No. 1077, entitled

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

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

 

 

Senator Sikkema introduced

Senate Bill No. 1078, entitled

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

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

 

 

Senator Sikkema introduced

Senate Bill No. 1079, entitled

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

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

 

 

Senator Cherry introduced

Senate Bill No. 1080, entitled

A bill to amend 1987 PA 204, entitled "Low-level radioactive waste authority act," by amending section 20a (MCL 333.26220a).

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

 

 

Senator Sikkema introduced

Senate Bill No. 1081, entitled

A bill to repeal 1931 PA 316, entitled "An act to authorize cities and villages to construct, own, equip, operate, maintain and improve works for the disposal of sewage; to authorize charges against owners of premises for the use of such works and to provide for the collection of the same; to authorize cities and villages to issue revenue bonds payable solely from the revenues of such works; and to make such bonds exempt from taxation and to make them lawful investments of sinking funds; to authorize contracts for the use of such works by private corporations and by other cities and villages and political subdivisions and charges against owners of premises therein served thereby," (MCL 123.201 to 123.220).

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

 

 

Senator Sikkema introduced

Senate Bill No. 1082, entitled

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

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

 

 

Senator Bullard introduced

Senate Bill No. 1083, entitled

A bill to repeal 1941 PA 66, entitled "An act validating all proceedings heretofore had by the governing body of any city in this state having a water front bordering on any navigable waters which has heretofore provided for the acquisition, improvement and repair of water front facilities and improvements and for the issuance of revenue bonds in payment of the cost thereof; validating provisions which may have been made by such cities for the operation and control of such facilities and improvements; granting to such cities the right to license ferries and similar commercial craft and to impose fees and charges for the use of public piers, wharves, docks and landing places therein and to regulate and license the construction, operation, maintenance and business of owning private piers, wharves, docks and landing places of boats, ferries and craft on and adjacent to any lands bordering on such navigable waters with power to cancel such licenses and to make rules and regulations governing the construction, operation and maintenance thereof; validating any agreements which may have been entered into for the leasing of any part of such facilities or improvements; authorizing the issuance of such bonds; and granting supervision and regulation by such cities of all lands located therein which border on such navigable waters, including lands owned by the state of Michigan," (MCL 123.601 to 123.604).

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

 

 

Senator Sikkema introduced

Senate Bill No. 1084, entitled

A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," by amending section 42 (MCL 460.842), as amended by 1983 PA 120.

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

 

 

Senators Garcia, Bullard, Hammerstrom, Stille, Emmons and Byrum introduced

Senate Bill No. 1085, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 4101 (MCL 324.4101) and by adding section 4108a.

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

 

 

House Bill No. 5434, entitled

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

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

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

 

 

Committee Reports

 

 

The Committee on Families, Mental Health and Human Services reported

House Bill No. 5009, entitled

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

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Johnson, Goschka, Sanborn and Scott

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Families, Mental Health and Human Services submitted the following:

Meeting held on Wednesday, January 30, 2002, at 3:00 p.m., Room 100, Farnum Building

Present: Senators Hammerstrom (C), Johnson, Goschka, Sanborn and Scott

Excused: Senators Gougeon and Hart

 

 

The Committee on Senior Citizens and Veterans Affairs reported

Senate Bill No. 994, entitled

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

With the recommendation that the bill pass.

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

Mike Goschka

Chairperson

To Report Out:

Yeas: Senators Goschka, Garcia and Sanborn

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Senior Citizens and Veterans Affairs reported

Senate Resolution No. 151.

A resolution to memorialize the Congress of the United States to provide a program of low-interest loans for military personnel called to active duty.

(For text of resolution, see Senate Journal No. 90 of 2001, p. 2354.)

With the recommendation that the resolution be adopted.

Mike Goschka

Chairperson

To Report Out:

Yeas: Senators Goschka, Garcia and Sanborn

Nays: None

The resolution was placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Senior Citizens and Veterans Affairs submitted the following:

Meeting held on Wednesday, January 30, 2002, at 9:00 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Goschka (C), Garcia and Sanborn

Excused: Senators Hart and Vaughn

 

 

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on Agriculture submitted the following:

Meeting held on Tuesday, January 29, 2002, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus (C), Gast and Koivisto

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Technology and Energy submitted the following:

Meeting held on Wednesday, January 30, 2002, at 1:30 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower

Present: Senators Sikkema (C), Schwarz, Schuette, Hammerstrom, Byrum, Leland and Cherry

Scheduled Meetings

 

 

Appropriations, Joint Senate/House - Thursday, February 7, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Agriculture - Tuesday, February 12, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

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

Corrections - Wednesdays, February 20 and February 27, 1:00 p.m., Room 100, Farnum Building, and Tuesday, March 5, 1:00 p.m., Room 210, Farnum Building (373-2413)

Environmental Quality - Tuesdays, February 19, February 26, and March 5, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7350)

Higher Education - Tuesday, February 12, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; Friday, February 15, 10:00 a.m., Saginaw Valley State University, 7400 Bay Road, Curtiss Hall, Emeriti Room, University Center; Friday, February 22, 9:30 a.m., Oakland University, Library Drive, 242 Elliott Hall, Rochester; Friday, March 1, 10:00 a.m., Calvin College, 3201 Burton S.E., Hekman Library, Meeter Center Lecture Hall, Grand Rapids; and Friday, March 8, 9:30 a.m., University of Michigan-Ann Arbor, 909 S. University Drive, William L. Clements Library, Ann Arbor (373-3447)

Natural Resources - Wednesdays, February 20, February 27, and March 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

 

Detroit Metro Airport Review - Wednesday, February 6, 4:00 p.m., Room 110, Farnum Building (373-1801)

 

Government Operations - Thursday, February 7, 1:00 p.m., Room 110, Farnum Building (373-1707)

 

Judiciary - Wednesday, February 6, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-6920)

 

Local, Urban and State Affairs - Wednesday, February 6, 3:00 p.m., Room 405, Capitol Building (373-1707)

 

 

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 12:03 p.m.

 

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, February 6, at 10:00 a.m.

 

 

CAROL MOREY VIVENTI

Secretary of the Senate.