No. 56

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Tuesday, June 10, 2003.

 

10:00 a.m.

 

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

 

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

 

 
Allen--presentEmerson--presentOlshove--present
Barcia--presentGarcia--presentPatterson--present
Basham--presentGeorge--presentPrusi--present
Bernero--presentGilbert--presentSanborn--present
Birkholz--presentGoschka--presentSchauer--present
Bishop--presentHammerstrom--presentScott--present
Brater--presentHardiman--presentSikkema--present
Brown--presentJacobs--presentStamas--present
Cassis--presentJelinek--presentSwitalski--present
Cherry--presentJohnson--presentThomas--present
Clark-Coleman--presentKuipers--presentToy--present
Clarke--presentLeland--presentVan Woerkom--present

Cropsey--present McManus--present

 

 

Senator Mark Schauer of the 19th District offered the following invocation:

Dear Creator, thank You for this beautiful day that You have given us. Thank You for the opportunity for us as Senators to come together to attempt to do good for our state and for our people. Grant us Your wisdom. Help us see beyond our differences. Give us the power and Your blessings to do Your will. Amen.

 

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

 

Senators Hardiman, Toy, Van Woerkom, George, Sanborn, Bishop, Cropsey, Jelinek, Cassis, Goschka, Hammerstrom, Allen, Scott, Sikkema, Kuipers, McManus, Clark-Coleman, Garcia, Johnson, Stamas, Birkholz and Bernero entered the Senate Chamber.

 

A quorum of the Senate was present.

 

 

Motions and Communications

 

 

The following communication was received:

Department of Consumer and Industry Services

May 30, 2003

Pursuant to Section 314 of P.A. 527 of 2002, we are enclosing a copy of the following reports:

 

Type of ReportFacilityReport #License #
Interim Approval ReportShawono CenterCS200201404
Special Investigation ReportArbor Heights2003C0212039CS810200952
Community Justice Center

 

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website under "Inside CIS" at the following address: http://www.michigan.gov/cis/.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

Allan R. Pohl

Acting Director

Finance and Administrative Services

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Office of the Auditor General

June 5, 2003

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

Performance Audit of the Automated Information Systems, Department of Treasury, June 2003.

 

 

June 6, 2003

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

Performance Audit of the Division of Chronic Disease and Injury Control, Community Public Health Agency, Department of Community Health, June 2003.

 

 

June 9, 2003

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

Financial Audit, Including the Provisions of the Single Audit Act, of the Department of Agriculture, October 1, 2000 through September 30, 2002.

 

 

June 9, 2003

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

Performance Audit of the Federal Cash Management Improvement Act Program, Department of Treasury, June 2003.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 5:

House Bill Nos. 4280 4281 4282 4764

 

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 5, for her approval the following bills:

Enrolled Senate Bill No. 150 at 4:50 p.m.

Enrolled Senate Bill No. 117 at 4:52 p.m.

Enrolled Senate Bill No. 118 at 4:54 p.m.

 

The Secretary announced that the following bills were available at the legislative Web site on Thursday, June 5:

House Bill Nos. 4804 4805 4806

 

The Secretary announced that the following bills were available at the legislative Web site on Friday, June 6:
Senate Bill Nos.537538539540541542543544545546547548549550
551552553555556557558559560561
House Bill Nos.48074808480948104811

 

 

Messages from the Governor

 

 

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

Senate Bill No. 195

The motion prevailed.

 

 

The following message from the Governor was received and read:

June 5, 2003

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under to Article 15 of the Public Health Code, 1978 PA 368, MCL 333.16101 to 333.18838:

Michigan Board of Chiropractic

Philip Knight, D.C., 420 E. Michigan Avenue, Marshall, Michigan 48068, county of Calhoun, appointed to fill the vacancy created by the death of Edward Maurer, D.C., to a term commencing June 5, 2003 and expiring December 31, 2006.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

 

Senator Schauer moved that Senator Thomas be temporarily excused from today's session.

The motion prevailed.

 

Senator Thomas entered the Senate Chamber.

 

 

Messages from the House

 

 

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No. 239

Senate Bill No. 395

House Bill No. 4238

Senate Bill No. 293

The motion prevailed.

 

 

Senate Bill No. 234, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 204, 206, 207, 211, 401, 502, 602, 606, and 609 (MCL 550.1204, 550.1206, 550.1207, 550.1211, 550.1401, 550.1502, 550.1602, 550.1606, and 550.1609), section 207 as amended by 1999 PA 210, section 211 as amended by 1993 PA 127, section 401 as amended by 2000 PA 26, section 502 as amended by 1998 PA 446, and section 609 as amended by 1991 PA 61, and by adding sections 204a, 205a, 219, and 401j; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1980 PA 350, entitled "An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts," by amending sections 107, 204, 206, 207, 211, 502, 602, 606, 607, 608, 609, 610, 613, and 619 (MCL 550.1107, 550.1204, 550.1206, 550.1207, 550.1211, 550.1502, 550.1602, 550.1606, 550.1607, 550.1608, 550.1609, 550.1610, 550.1613, and 550.1619), section 207 as amended by 1999 PA 210, section 211 as amended by 1993 PA 127, section 502 as amended by 1998 PA 446, section 608 as amended by 1991 PA 73, and section 609 as amended by 1991 PA 61, and by adding sections 204a, 205a, 219, 401j, 403b, and 422c; and to repeal acts and parts of acts.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 236, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 422b.

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

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1980 PA 350, entitled "An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts," (MCL 550.1101 to 550.1704) by adding sections 420a, 422a, and 422b.

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 237, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401i.

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

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

Pursuant to rule 3.202, the bill was laid over one day.

 

 

Senate Bill No. 238, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 501 (MCL 550.1501).

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

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

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 460, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406q (MCL 500.3406q), as added by 2002 PA 538, and by adding chapter 37.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

 

By unanimous consent the Senate proceeded to the order of

General Orders

 

 

Senator Hammerstrom 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 Cherry, designated Senator Sanborn as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4330, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.

 

 

Senate Bill No. 530, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 86.

 

 

Senate Bill No. 362, entitled

A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.

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. 352, entitled

A bill to designate March 31 of each year as Cesar Chavez day in the state of Michigan.

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 amendment, the following bill:

House Bill No. 4333, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2002 PA 534.

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

1. Amend page 6, following line 2, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2003.".

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.

 

 

By unanimous consent the Senate returned to the order of

Third Reading of Bills

 

 

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 362

The motion did not prevail, a majority of the members serving not voting therefor.

Senator Hammerstrom moved to reconsider the vote by which the rules were not suspended.

The motion prevailed.

The question being on the motion to suspend the rules,

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

 

 

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

Senate Bill No. 362

House Bill No. 4087

Senate Bill No. 230

House Bill No. 4511

House Bill No. 4310

House Bill No. 4083

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 362, entitled

A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.

The question being on the passage of the bill,

Senator Brater offered the following amendments:

1. Amend page 1, line 7, after "deductions," by inserting "loopholes,".

2. Amend page 1, line 9, after "deductions," by inserting "loopholes,".

3. Amend page 2, line 1, after "deductions," by inserting "loopholes,".

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

The question being on the passage of the bill,

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

 

 

Roll Call No. 192 Yeas--32

 

 
AllenClark-ColemanHammerstromPrusi
BarciaClarkeHardimanSanborn
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaKuipersSwitalski
BrownGeorgeMcManusThomas
CassisGilbertOlshoveToy
CherryGoschkaPattersonVan Woerkom

 

 

Nays--6

 

 

Basham Jacobs Schauer Scott

Brater Leland

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4087, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 317.

The question being on the passage of the bill,

Senator Brater offered the following substitute:

Substitute (S-6).

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

Senator Schauer requested the yeas and nays.

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

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

 

 

Roll Call No. 193 Yeas--17

 

 
BarciaClark-ColemanJohnsonSchauer
BashamClarkeLelandScott
BerneroEmersonOlshoveSwitalski
BraterJacobsPrusiThomas

Cherry

 

 

Nays--21

 

 
AllenGarciaHardimanSanborn
BirkholzGeorgeJelinekSikkema
BishopGilbertKuipersStamas
BrownGoschkaMcManusToy
CassisHammerstromPattersonVan Woerkom

Cropsey

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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. 194 Yeas--24

 

 
AllenCropseyHardimanPatterson
BarciaGarciaJelinekSanborn
BirkholzGeorgeJohnsonSikkema
BishopGilbertKuipersStamas
BrownGoschkaMcManusToy
CassisHammerstromOlshoveVan Woerkom

 

 

Nays--14

 

 
BashamClark-ColemanLelandScott
BerneroClarkePrusiSwitalski
BraterEmersonSchauerThomas
CherryJacobs

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

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

"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,".

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 230, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534).

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. 195 Yeas--38

 

 
AllenClark-ColemanJacobsSanborn
BarciaClarkeJelinekSchauer
BashamCropseyJohnsonScott
BerneroEmersonKuipersSikkema
BirkholzGarciaLelandStamas
BishopGeorgeMcManusSwitalski
BraterGilbertOlshoveThomas
BrownGoschkaPattersonToy
CassisHammerstromPrusiVan Woerkom
CherryHardiman

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4511, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

The question being on the passage of the bill,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4310, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 25 (MCL 285.85), as added by 2002 PA 80.

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. 196 Yeas--38

 

 
AllenClark-ColemanJacobsSanborn
BarciaClarkeJelinekSchauer
BashamCropseyJohnsonScott
BerneroEmersonKuipersSikkema
BirkholzGarciaLelandStamas
BishopGeorgeMcManusSwitalski
BraterGilbertOlshoveThomas
BrownGoschkaPattersonToy
CassisHammerstromPrusiVan Woerkom
CherryHardiman

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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

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

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

"An act to regulate the storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts, acknowledgment forms, and price later agreements and their use and priority; to provide for the creation of security interests; to provide for certain powers and duties of the department of agriculture and its director; to impose certain duties on insurance companies and sureties; and to provide administrative remedies and penalties for the violation of this act,".

The Senate agreed to the full title.

 

 

The following bill was read a third time:

House Bill No. 4083, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36103 (MCL 324.36103), as amended by 1996 PA 233.

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. 197 Yeas--38

 

 
AllenClark-ColemanJacobsSanborn
BarciaClarkeJelinekSchauer
BashamCropseyJohnsonScott
BerneroEmersonKuipersSikkema
BirkholzGarciaLelandStamas
BishopGeorgeMcManusSwitalski
BraterGilbertOlshoveThomas
BrownGoschkaPattersonToy
CassisHammerstromPrusiVan Woerkom
CherryHardiman

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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

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

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

"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,".

The Senate agreed to the full title.

 

 

By unanimous consent the Senate returned to consideration of the following bill:

House Bill No. 4511, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

(This bill was read a third time earlier today and consideration postponed. See p. 777.)

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. 198 Yeas--24

 

 
AllenCropseyHardimanSanborn
BarciaGarciaJelinekSikkema
BirkholzGeorgeJohnsonStamas
BishopGilbertKuipersThomas
BrownGoschkaMcManusToy
CassisHammerstromPattersonVan Woerkom

 

 

Nays--14

 

 
BashamClark-ColemanLelandSchauer
BerneroClarkeOlshoveScott
BraterEmersonPrusiSwitalski
CherryJacobs

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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

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

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

"An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,".

The Senate agreed to the full title.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

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

Senate Resolution No. 106

Senate Resolution No. 107

The resolution consent calendar was adopted.

 

Senator Jelinek offered the following resolution:

Senate Resolution No. 106.

A resolution commemorating the placement of a Michigan Historical Marker at the Johnson Cemetery located north of Niles in Niles Township on Business 31 between M-140 and Ullery Road.

Whereas, The Michigan Historical Marker Program was established in 1955 to assist citizens of Michigan in the identification, designation, and protection of historic properties; and

Whereas, According to the U.S. Bureau of Land Management office records, John Johnson, Sr., received the land on which the cemetery was later located from the U.S. government on November 10, 1830; and

Whereas, John Johnson, Sr., and his wife Amelia were buried in the cemetery, as well as many other relatives and other local pioneers; and

Whereas, A letter of record written by a descendant of John Johnson, Sr., indicates his gift of land to the township in 1938 was to be used as a cemetery; and

Whereas, All but 20 of the 211 graves, most marked with slabs or tablets, date from the nineteenth century, and nearly one-third are for children younger than ten years old, reflecting the hardships endured by the pioneers; now, therefore, be it

Resolved by the Senate, That the members of this legislative body acknowledge this special occasion by commemorating the placement of a Michigan Historical Marker at the Johnson Cemetery in Niles Township; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers and researchers of this wonderful preservation effort.

 

 

Senator Jacobs offered the following resolution:

Senate Resolution No. 107.

A resolution honoring Kmart Corporation.

Whereas, Public education remains the greatest source of opportunity for our young people and a critical component of a prosperous Michigan future; and

Whereas, The greatest challenges for achieving education quality for all our children remain in our great urban centers; and

Whereas, University Preparatory Academy, a public school founded in partnership with Wayne State University and authorized by Wayne RESA in 2000, was established to demonstrate a new design for public schooling. It has succeeded in graduating 90 percent of urban students from high school and sending 90 percent of these graduates on to college in places such as East Harlem and Providence, Rhode Island; and

Whereas, This innovative effort by University Prep necessitated the purchase and renovation of a building from the Karmanos Cancer Institute in Detroit in 2001 to house a middle school. This required the school to issue bonds creating an annual debt service of more than $300,000 a year; and

Whereas, Kmart Corporation stepped forward in the fall of 2001 and committed $1 million over five years to help support this debt service obligation, which is not covered under University Prep's state school aid, thereby making the acquisition and renovation of this middle school possible; and

Whereas, Shortly after making the first of five annual contributions of $200,000 to University Prep, Kmart was forced to seek reorganization under Chapter 11 in 2002; and

Whereas, Kmart showed the firm's deep commitment to improving public education in Detroit by making its second $200,000 payment to University Prep, despite being beset by severe financial difficulties and the claims of countless creditors; now, therefore, be it

Resolved by the Senate, That this body extends its deep appreciation to the Kmart Corporation, its officers, and its employees for continuing their commitment to the quality education of Detroit's children during a time when there were ample reasons to abandon their full five-year pledge of support to an innovative center-city school; and be it further

Resolved, That a copy of this resolution be transmitted to Kmart Corporation as a token of our esteem.

 

 

Senators Patterson, Birkholz, Barcia, Kuipers and Sanborn offered the following resolution:

Senate Resolution No. 105.

A resolution calling for increased public awareness of the Department of Environmental Quality's toll-free number for reporting pollution emergencies.

Whereas, Public vigilance and civic involvement are cornerstones of effective communities. The willingness of individual citizens to work with those who provide public services can be the key to the effectiveness of many endeavors, including several aspects of law enforcement; and

Whereas, The Department of Environmental Quality operates a hot line under its "Pollution Emergency Alert System." This number offers concerned citizens a quick way to provide information that could be lifesaving or which could save the environment from serious damage. This number can be used by a person to report to authorities any environmental emergency, whether accidental or intentional; and

Whereas, Over the years, there have certainly been many situations, including spills of toxic substances, that could have been contained far more effectively if the proper party had been informed immediately. The potential significance of this emergency contact system only increases at a time when government resources are strained by difficult financial pressures; and

Whereas, Increasing the visibility of the Pollution Emergency Alert System number would be a wise move. Many of the steps to raise awareness, including web site displays, can be made at negligible cost; and

Whereas, Encouraging the public's help in the effort to uncover and prevent pollution can only help our state; now, therefore, be it

Resolved by the Senate, That we urge the Department of Environmental Quality to increase public awareness of its toll-free number for reporting pollution emergencies. We also urge the Departments of Agriculture, Natural Resources, and the Attorney General to include this number prominently on their web sites; and be it further

Resolved, That copies of this resolution be transmitted to the Departments of Environmental Quality, Agriculture, Natural Resources, and Attorney General.

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Basham, Cassis, Clarke, Garcia, Jacobs, Jelinek, Olshove, Scott, Switalski, Thomas, Toy and Van Woerkom were named co-sponsors of the resolution.

 

 

Senators Birkholz, Patterson, Barcia, Kuipers, Sanborn and Bernero offered the following concurrent resolution:

Senate Concurrent Resolution No. 25.

A concurrent resolution calling for increased public awareness of the Department of Environmental Quality's toll-free number for reporting pollution emergencies.

Whereas, Public vigilance and civic involvement are cornerstones of effective communities. The willingness of individual citizens to work with those who provide public services can be the key to the effectiveness of many endeavors, including several aspects of law enforcement; and

Whereas, The Department of Environmental Quality operates a hot line under its "Pollution Emergency Alert System." This number offers concerned citizens a quick way to provide information that could be lifesaving or which could save the environment from serious damage. This number can be used by a person to report to authorities any environmental emergency, whether accidental or intentional; and

Whereas, Over the years, there have certainly been many situations, including spills of toxic substances, that could have been contained far more effectively if the proper party had been informed immediately. The potential significance of this emergency contact system only increases at a time when government resources are strained by difficult financial pressures; and

Whereas, Increasing the visibility of the Pollution Emergency Alert System number would be a wise move. Many of the steps to raise awareness, including web site displays, can be made at negligible cost; and

Whereas, Encouraging the public's help in the effort to uncover and prevent pollution can only help our state; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Department of Environmental Quality to increase public awareness of its toll-free number for reporting pollution emergencies. We also urge the Departments of Agriculture, Natural Resources, and the Attorney General to include this number prominently on their web sites; and be it further

Resolved, That copies of this resolution be transmitted to the Departments of Environmental Quality, Agriculture, Natural Resources, and Attorney General.

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Basham, Cassis, Clarke, Garcia, Jacobs, Jelinek, Olshove, Scott, Switalski, Thomas, Toy and Van Woerkom were named co-sponsors of the concurrent resolution.

 

 

Introduction and Referral of Bills

 

 

Senator Barcia introduced

Senate Bill No. 562, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 23, and 32 (MCL 432.3, 432.11, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

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

 

 

Senator Barcia introduced

Senate Bill No. 563, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 217, 903, and 1023 (MCL 436.1217, 436.1903, and 436.2023), section 903 as amended by 2000 PA 431.

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

 

 

Senators Bernero, Jacobs, Clark-Coleman, Toy, Hammerstrom, Brater, Clarke, Leland, Scott, Thomas and Schauer introduced

Senate Bill No. 564, entitled

A bill to amend 1988 PA 112, entitled "The business opportunity act for persons with disabilities," by amending the title and section 3 (MCL 450.793), as amended by 1998 PA 73.

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

Senators Bernero, Jacobs, Clark-Coleman, Toy, Hammerstrom, Brater, Clarke, Leland, Scott, Thomas and Schauer introduced

Senate Bill No. 565, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 297a.

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

 

 

Senators Allen and Birkholz introduced

Senate Bill No. 566, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124, and by adding section 811m; 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 Transportation.

 

 

Senator Emerson introduced

Senate Bill No. 567, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.30104, 324.30109, 324.32312, and 324.32513), as amended by 1999 PA 106.

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

 

 

Senators Patterson, Basham, Kuipers, Toy, Olshove, Bernero, Scott, Barcia, Birkholz, Garcia and Sanborn introduced

Senate Bill No. 568, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3115b.

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

 

 

Senators George, Switalski, Birkholz, Johnson, Hardiman, Jelinek, Emerson, Bernero and Patterson introduced

Senate Bill No. 569, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625 (MCL 257.625), as amended by 2000 PA 460.

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

 

 

Senator Emerson introduced

Senate Bill No. 570, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1060 (MCL 450.2060), as amended by 2001 PA 57; 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 Appropriations.

 

 

Senator Leland introduced

Senate Bill No. 571, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 1060 (MCL 450.3060), as amended by 1984 PA 209; 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 Appropriations.

 

 

Senator Leland introduced

Senate Bill No. 572, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," (MCL 388.951 to 388.963) by adding section 9c.

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

Senator Leland introduced

Senate Bill No. 573, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 8 (MCL 141.1058), as amended by 2000 PA 416.

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

 

 

Senator Leland introduced

Senate Bill No. 574, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81101, 81115, 81116, 81117, 81125, and 81129 (MCL 324.81101, 324.81115, 324.81116, 324.81117, 324.81125, and 324.81129), section 81101 as amended by 1998 PA 86, sections 81115, 81117, 81125, and 81129 as added by 1995 PA 58, and section 81116 as amended by 1995 PA 99; 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 Appropriations.

 

 

Senator Emerson introduced

Senate Bill No. 575, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), as amended by 2002 PA 679.

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

 

 

Senator Emerson introduced

Senate Bill No. 576, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16315, 16317, 20145, 20161, 20920, 20923, 20926, 20929, 20931, 20934, 20950, and 20954 (MCL 333.16315, 333.16317, 333.20145, 333.20161, 333.20920, 333.20923, 333.20926, 333.20929, 333.20931, 333.20934, 333.20950, and 333.20954), section 16315 as amended by 2001 PA 232, section 16317 as added by 1993 PA 80, section 20145 as amended by 2002 PA 683, section 20161 as amended by 2002 PA 562, sections 20920, 20923, 20929, 20934, 20950, and 20954 as amended by 2000 PA 375, and sections 20926 and 20931 as added by 1990 PA 179; 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 Appropriations.

 

 

House Bill No. 4280, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding sections 420a, 422a, and 422b.

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 Health Policy.

 

 

House Bill No. 4281, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401i.

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 Health Policy.

 

 

House Bill No. 4282, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 501 (MCL 550.1501).

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 Health Policy.

 

 

House Bill No. 4764, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 791 (MCL 450.1791), as amended by 1993 PA 91, and by adding section 798a.

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 Commerce and Labor.

Committee Reports

 

 

The Committee on Families and Human Services reported

Senate Bill No. 516, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 22a of chapter X (MCL 710.22a), as added by 1994 PA 430.

With the recommendation that the bill pass.

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

Bill Hardiman

Chairperson

To Report Out:

Yeas: Senators Hardiman, Hammerstrom, Sanborn, Jacobs and Clark-Coleman

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Families and Human Services reported

Senate Bill No. 485, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 3a (MCL 552.603a), as amended by 2002 PA 572.

With the recommendation that the following amendment be adopted and that the bill then pass:

1. Amend page 2, following line 7, by inserting:

"Enacting section 1. This amendatory act takes effect January 15, 2004.".

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

Bill Hardiman

Chairperson

To Report Out:

Yeas: Senators Hardiman, Hammerstrom, Sanborn, Jacobs and Clark-Coleman

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Families and Human Services submitted the following:

Meeting held on Thursday, June 5, 2003, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Hardiman (C), Hammerstrom, Sanborn, Jacobs and Clark-Coleman

 

 

The Committee on Technology and Energy reported

House Bill No. 4519, entitled

A bill to require certain notices regarding the transmission of unsolicited commercial e-mail; to establish procedures for e-mail service providers; to allow recipients of e-mail to be excluded from receiving future unsolicited commercial e-mail; and to prescribe penalties and remedies.

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.

Bruce Patterson

Chairperson

To Report Out:

Yeas: Senators Patterson, Toy, Birkholz, Brown, Cassis, Olshove and Bernero

Nays: None

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

 

 

The Committee on Technology and Energy reported

Senate Bill No. 357, entitled

A bill to require certain restrictions on the transmission of unsolicited commercial and sexually explicit e-mail; to establish procedures for e-mail service providers; to allow recipients of e-mail to be excluded from receiving future e-mail; and to prescribe penalties and remedies.

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

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

Bruce Patterson

Chairperson

To Report Out:

Yeas: Senators Patterson, Toy, Birkholz, Brown, Cassis, Olshove and Bernero

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 Technology and Energy submitted the following:

Meeting held on Wednesday, June 4, 2003, at 3:00 p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Toy, Birkholz, Brown, Cassis, Olshove, Leland and Bernero

 

 

The Committee on Appropriations reported

House Bill No. 4270, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145, and by adding section 106a.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Jelinek, McManus, Hardiman, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 462, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312b, 811a, and 811b (MCL 257.312b, 257.811a, and 257.811b), section 312b as amended by 2000 PA 456, section 811a as amended by 1992 PA 59, and section 811b as added by 1987 PA 85.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 463, 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; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 2 (MCL 28.292), as amended by 2002 PA 553.

With the recommendation that the bill pass.

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No. 554, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217a, 217d, 307, 312e, 312h, 320e, 801, 801d, 802, 803b, 803m, 804, 806, 807, 810, 811, 811c, 811h, and 812 (MCL 257.217a, 257.217d, 257.307, 257.312e, 257.312h, 257.320e, 257.801, 257.801d, 257.802, 257.803b, 257.803m, 257.804, 257.806, 257.807, 257.810, 257.811, 257.811c, 257.811h, and 257.812), section 217a as amended by 1988 PA 419, section 217d as amended by 2000 PA 78, section 307 as amended by 2002 PA 534, section 312e as amended by 2002 PA 652, section 312h as amended by 1989 PA 299, section 320e as amended by 1998 PA 346, section 801 as amended by 2002 PA 417, section 801d as amended by 1984 PA 123, section 802 as amended by 1998 PA 396, section 803b as amended by 1996 PA 142, section 803m as amended and section 811c as added by 1994 PA 332, section 804 as amended and section 811h as added by 2000 PA 77, section 806 as amended by 2002 PA 497, section 807 as amended by 1998 PA 384, section 810 as amended by 1987 PA 238, section 811 as amended by 2000 PA 456, and section 812 as amended by 1989 PA 280, and by adding sections 803r and 810b; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Appropriations reported

Senate Bill No. 360, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8317 (MCL 324.8317), as amended by 2002 PA 418.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 361, entitled

A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending sections 4 and 7 (MCL 287.334 and 287.337), section 7 as amended by 1997 PA 7.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 386, entitled

A bill to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123).

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 390, entitled

A bill to amend 1974 PA 93, entitled "An act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty," by amending section 3 (MCL 287.113).

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

The Committee on Appropriations reported

Senate Bill No. 480, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending section 9 (MCL 286.209), as amended by 1982 PA 157.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, June 4, 2003, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

 

 

The Committee on Health Policy reported

House Bill No. 4356, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, George and Jacobs

Nays: None

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, June 4, 2003, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)

Present: Senators Hammerstrom (C), George and Jacobs

Excused: Senators Patterson and Bernero

 

 

The Committee on Economic Development, Small Business and Regulatory Reform reported

Senate Bill No. 474, entitled

A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

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

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Gilbert and Jacobs

Nays: Senator Basham

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Economic Development, Small Business and Regulatory Reform submitted the following:

Meeting held on Wednesday, June 4, 2003, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Allen, Gilbert, Jacobs and Basham

 

 

The Committee on Agriculture, Forestry and Tourism reported

House Bill No. 4657, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4 (MCL 290.644), as amended by 1986 PA 127.

With the recommendation that the bill pass.

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert and Jelinek

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Agriculture, Forestry and Tourism submitted the following:

Meeting held on Thursday, June 5, 2003, at 9:00 a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Gilbert, Jelinek, Brater and Thomas

COMMITTEE ATTENDANCE REPORT

 

The Committee on Education submitted the following:

Joint meeting held on Thursday, June 5, 2003, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)

Present: Senators Kuipers (C), Cassis, Van Woerkom, Clark-Coleman and Leland

 

 

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, June 5, 2003, at 3:00 p.m. Room 210, Farnum Building

Present: Senators Stamas, (C), George, Johnson, Garcia, Cherry and Clarke

 

 

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Thursday, June 5, 2003, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek, (C), Cropsey, Brown, Switalski and Scott

 

 

Scheduled Meetings

 

 

Appropriations - Wednesday, June 11, and Thursday, June 12, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

 

Conference Committee -

Appropriations Supplemental (HB 4032) - Thursday, June 12, 9:15 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0797)

 

Economic Development, Small Business and Regulatory Reform - Wednesday, June 11, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

 

Education - Thursday, June 12, 2:00 p.m., Room 210, Farnum Building (373-6920)

 

Families and Human Services - Thursday, June 12, 8:30 a.m., Room 210, Farnum Building (373-1801)

 

Finance - Wednesday, June 11, 1:00 p.m., Room 110, Farnum Building (373-1758)

 

Health Policy - Wednesday, June 11, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)

 

Judiciary and House Veterans Affairs and Homeland Security - Thursday, June 12, 12:30 p.m., Room 519, House Office Building (373-3760)

 

Legislative Retirement Board of Trustees - Thursday, June 12, 9:30 a.m., Room H-252, Capitol Building (373-0575)

 

Local, Urban and State Affairs - Thursday, June 12, 1:00 p.m., Room 110, Farnum Building (373-1707)

 

 

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:18 a.m.

 

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, June 11, 2003, at 10:00 a.m.

 

 

CAROL MOREY VIVENTI

Secretary of the Senate