No. 78
STATE OF MICHIGAN
Journal of the Senate
92nd Legislature
REGULAR SESSION OF 2003
Senate Chamber, Lansing, Tuesday, September 30, 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 present.
| Allen--present | Emerson--present | Olshove--present |
| Barcia--present | Garcia--present | Patterson--present |
| Basham--present | George--present | Prusi--present |
| Bernero--present | Gilbert--present | Sanborn--present |
| Birkholz--present | Goschka--present | Schauer--present |
| Bishop--present | Hammerstrom--present | Scott--present |
| Brater--present | Hardiman--present | Sikkema--present |
| Brown--present | Jacobs--present | Stamas--present |
| Cassis--present | Jelinek--present | Switalski--present |
| Cherry--present | Johnson--present | Thomas--present |
| Clark-Coleman--present | Kuipers--present | Toy--present |
| Clarke--present | Leland--present | Van Woerkom--present |
Cropsey--present McManus--present
Reverend Michael Eleveld of Berean Baptist Church of Portage offered the following invocation:
Dear Heavenly Father, we come to You in the name of Jesus Christ the Lord and Savior. We thank You for this day You have given us, and we do not take for granted our health, vitality, and the clarity of thought we enjoy by Your blessing.
Dear God, please oversee this session of the Senate as these Your servants, appointed to this honorable office, conduct the business of our state. Your Word reminds us that governmental officials are appointed by Your will. Therefore, these men and women are here on purpose to serve the citizens of this state according to Your will. Bless them mightily in their efforts.
In this day, these dedicated public servants will discuss important matters concerning our state. They are concerned with issues regarding education, the economy and jobs, the budget, and partial-birth abortion. There are no easy answers to the problems confronting our people and our state, but bless these public servants as they freely discuss and debate the issues. May a clear path of understanding exist among them, and may they find Your will in their decisions.
God, we thank You for our country and our President, George W. Bush. We pray for our soldiers who are in harm's way. Grant them alertness to their duties, vigilance, and courage, and grant them safety as they serve our country. We thank You for our Governor, Jennifer Granholm, and ask You to guide her as she leads our state by Your will.
We ask all of this boldly in the magnificent name of Jesus Christ. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Sikkema and Garcia entered the Senate Chamber.
Senator Schauer moved that Senator Bernero be temporarily excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that the following bill, now on the order of General Orders, be referred to the Committee on Government Operations:
Senate Bill No. 501, entitled
A bill to amend 1981 PA 230, entitled "Michigan economic and social opportunity act of 1981," by amending the title and sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 (MCL 400.1103, 400.1104, 400.1105, 400.1106, 400.1107, 400.1108, 400.1109, 400.1110, and 400.1111), section 11 as amended by 1998 PA 76; and to repeal acts and parts of acts.
The motion prevailed.
The following communication was received:
Office of the Auditor General
September 25, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the Office of Audit, Internal Affairs, and Litigation, Department of Corrections, September 2003.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Secretary for record.
The Secretary announced that the following bills were available at the legislative Web site on Thursday, September 25:
Senate Bill Nos. 726 727 728 729 730 731 732 733
House Bill Nos. 5062 5063 5064 5065 5066
The Secretary announced that the following bills and joint resolution were available at the legislative Web site on Friday, September 26:
Senate Bill Nos. 734 735 736 737 738 739
House Bill Nos. 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087
House Joint Resolution M
Messages from the Governor
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No. 195
Senate Bill No. 364
Senate Bill No. 293
Senate Bill No. 265
Senate Bill No. 288
Senate Bill No. 540
Senate Bill No. 283
Senate Bill No. 464
Senate Bill No. 466
The motion prevailed.
The following messages from the Governor were received and read:
September 26, 2003
I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following reappointment to office under Section 2 of the Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.352:
Commission for the Blind
Ms. Jo Ann Pilarski of 7765 Metzke Road, Alpena, Michigan 49707, county of Alpena, reappointed to represent the general public, for a term commencing October 1, 2003 and expiring September 30, 2006.
Pursuant to Section 2, Ms. Pilarski is designated as Chairperson of the Commission for the Blind.
September 26, 2003
I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following reappointment to office under Section 2 of 1964 PA 183, MCL 830.412:
State Building Authority Board of Trustees
Mr. Robert C. Carr of 1771 Sashabaw Drive, Okemos, Michigan 48864, county of Ingham, reappointed, for a term commencing September 26, 2003 and expiring August 21, 2007.
September 26, 2003
I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following appointment and reappointment to office under Section 11 of the Hospital Finance Authority Act, 1969 PA 38, MCL 331.41:
State Hospital Finance Authority
Mr. John E. Jacobs of 8353 Hendrie, Huntington Woods, Michigan 48070, county of Oakland, succeeding Mannie J. Lentine, who has resigned, representing public members, for a term commencing September 26, 2003 and expiring March 1, 2005.
Ms. Susan Work Martin of 950 San Jose S.E., Grand Rapids, Michigan 49506, county of Kent, reappointed to represent public members and as Chair, for a term commencing September 26, 2003 and expiring March 1, 2007.
September 26, 2003
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment under Section 21 of the Tax Tribunal Act, 1973 PA 186, MCL 205.721:
Michigan Tax Tribunal
Ms. Patricia L. Halm of 1749 Maisonette, Lansing, Michigan 48911, county of Ingham, representing the general public, succeeding Robert L. Brackenbury, whose term has expired, for a term commencing September 26, 2003 and expiring June 30, 2007.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
Senator Bernero entered the Senate Chamber.
The following message was received and read:
September 23, 2003
This is to notify you that the House of Representatives has agreed with the request of the Senate that the Governor return Enrolled Senate Bill No. 393.
Very respectfully,
Gary L. Randall
Clerk of the House of Representatives
The message was referred to the Secretary for record.
Senate Bill No. 395, entitled
A bill to define legal birth and the commencing of legal personhood and rights; and to provide immunity for certain acts.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 432 Yeas--25
| Allen | Cropsey | Hardiman | Patterson |
| Barcia | Garcia | Jelinek | Sanborn |
| Basham | George | Johnson | Sikkema |
| Birkholz | Gilbert | Kuipers | Stamas |
| Bishop | Goschka | McManus | Toy |
| Brown | Hammerstrom | Olshove | Van Woerkom |
Cassis
Nays--11
| Bernero | Clark-Coleman | Leland | Switalski |
| Brater | Emerson | Schauer | Thomas |
| Cherry | Jacobs | Scott |
Excused--0
Not Voting--2
Clarke Prusi
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.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Protests
Senators Scott, Brater and Jacobs, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 395 and moved that the statements they made during the discussion of the House substitute be printed as their reasons for voting "no."
The motion prevailed.
Senator Scott's statement is as follows:
I, too, rise in opposition to this bill. This type of legislation flaunts the Supreme Court's explicit directive that women's health must be paramount. This bill would ban safe medical procedures, imposing an undue burden on women. The Supreme Court says that during the 29 years since it recognized the right to choose abortion, it has consistently required that when a state restricts access to abortion, a woman's health must be the paramount consideration.
Just two years ago, the Supreme Court stated unequivocally that every abortion restriction, including bans on so-called partial-birth abortions, must contain a health exception that allows an abortion when necessary in an appropriate medical judgment for the preservation of the life and health of the mother--Carhart, 530 U.S. at 931.
Directly flouting this ruling, so-called partial-birth abortion ban legislation does not allow an abortion necessary for a woman's health. In Carhart, the Supreme Court specifically rejected the argument made by this bill's sponsor that the legislation need not contain a health exception because intact dilation and extraction, "intact D&E" or "D&X," is never necessary for a woman's health. The Supreme Court stated that a law that altogether forbids the D&X creates a significant health risk and, therefore, is unconstitutional--again, Carhart, 530 U.S. at 938.
I urge my colleagues to vote against this bill.
Senator Brater's statement is as follows:
I rise to again reiterate some of the things that were said on this floor earlier in this session, but since supporters of the legislation have also reiterated positions that need to be rebutted today, I will do so also.
The House substitute does not cure the problems in this bill. This bill is an ongoing attempt by people who oppose legal abortions in this country to use the English language to circumvent federal law. This has not worked in the past, and it's not going to work this time.
The good chair of the Judiciary Committee made reference to a part of the body of the child presenting, and "killing that child," I think, were the words that he used. This kind of language is inflammatory. It is wrong. I have never met a pregnant woman in a late stage of pregnancy, which is when these procedures tend to be used, who has wanted to lose her child. In fact, it's with the utmost pain and anguish that a woman in this stage of pregnancy and/or her spouse would determine with their physician that they needed to follow such a procedure.
In a situation where a foot was presented, for example, which might become a legal birth under this legislation, it is not only during late-term abortions that this occurs, as I stated earlier this session. According to Dr. Timothy Johnson, who is the Bates Professor of the Diseases of Women and Children at the University of Michigan, Department of Obstetrics and Gynecology, "This scenario where a foot or some other part of the body might be presented is absolutely routine. It can occur any time a woman miscarries or in any abortion performed from the earliest stages of pregnancy. For example, I often treat women who arrive at the hospital miscarrying with part of the fetus already outside the woman's body, while there is still a fetal heartbeat. This routinely occurs well before the fetus is developed enough to have any chance of survival. At this point, I must complete the miscarriage swiftly to protect the woman from infection and to control bleeding. Providing that care would inevitably result in the death of the nonviable fetus."
So we're up here debating the preciousness and the importance of life. Now a woman in this position, in danger of losing her life, perhaps has other children who would be left motherless. I think we need to stop playing politics with women's health and work together to support programs that help prevent unwanted pregnancies, although that's not really what we're talking about today because a lot of these procedures are performed on women who wanted this pregnancy, but through some grave physical misfortune, could not have that baby. So I urge you to reject this House substitute.
Senator Jacobs' statement is as follows:
I rise in opposition to Senate Bill No. 395. My opposition stems from the belief that women have the right to choose and that the situations described in this bill should not be under the purview of this Legislature. But what I'd like to do is quote from a letter that all of us received on May 12 from Dr. Harold Sauer, chair of the Michigan Section of the American College of Obstetricians and Gynecologists. He writes to us on behalf of this organization. They are board-certified physicians who practice obstetrics and gynecology in this state, and they are women's health doctors.
Let me quote, "We respectfully ask that you oppose these bills for two principal reasons: the bills do not address the viability of the fetus or embryo involved, plus they give short shrift to a woman facing the daunting process of giving birth to a severely malformed fetus or who has a fetus that is incompatible with life." He goes on to say, "The bill defines 'live' as having cardiac activity, evidence of breathing or evidence of spontaneous movement. The bill does not address the issue of gestational age or whether the embryo or fetus would have any chance of independent survival. In addition, there is no exception made for the mental health of the mother, even if the pregnancy drives her to suicidal ideation. The health exception"--that we'll probably hear about on this floor--he writes, "added in the House amendment exempts the physician from liability only if the physician acts to avert an imminent threat to the physical health of the mother and any harm to the fetus was not a known result. That is never the case, as the nonviable fetus has no chance of survival. The harm to the fetus, its death, is always a known result. At the point at which this bill defines a nonviable fetus as a person, when any part of the perinate is outside of the woman's body, preserving the woman's health necessarily entails emptying the uterus as quickly and safely as possible for the woman. The physician knows very well that this will harm the fetus. Thus the physician remains liable despite the window dressing of this amendment. The woman undergoing treatment cannot win."
Now what's important to understand is that ACOG is not a partisan organization. They don't have a philosophy that's at stake. They are looking at this from a medical aspect, from medical training. It's the doctors and their patients, the women who are their patients, and the family and clergy who ought to be making these decisions. Nobody here except for Senator George has any medical training. So I ask you to please not support this bill. Let us be really concerned about women's health.
Senators Brown and Cropsey asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Brown's statement is as follows:
I, too, rise in support of Senate Bill No. 395. During the early summer of 1776, it was hot in Philadelphia. The members of the Continental Congress could have closed up shop and gone home, but they didn't and I'm glad. They were waiting for the birth of a new nation.
Mr. Jefferson labored many hours to form words that were tied to deep meaning. In fact, he connected them to eternal truths. He said that these truths were not obscure, but obvious. His words have been heralded in Philadelphia, Tiananmen Square, and in the Czech Republic. If I may, Mr. President, I would like to recall them to the body today:
We hold these truths to be self-evident, that all are created equal, endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.
Senator Cropsey's statement is as follows:
I hope we don't loose sight on what this legislation is doing. Right now we are putting into law a definition of birth and when legal rights accrue to a newborn child. What we are talking about is as soon as the birth process starts and a part of the child is outside of the womb--outside of the mother--legal rights accrue.
Now what is being argued on the other side of this issue is to say that we want to be able to destroy the child when the legs are out, when the torso is out, when the chest is out, when the arms are out, and when the neck is out, and call that a birth. But we want to have the legal right to destroy that child at that point. This is the most extreme type of abortion that people look at, and they understand that that is a living baby that should have rights--at least by that point. As a state, we are saying that rights accrue as soon as that child starts to appear outside of the womb. Now you can argue on the other side and say, no, we want to be able to destroy that child; we want to kill that child. I would hope that we would take a closer look at this and say, "When do rights accrue?"
Now under Doe v Bolton, which is the United States Supreme Court case that talks about the health of the mother, this is what the court said: "It is perhaps unfair to argue as the appellants do because the early focus was on the preservations of the woman's life. The state's present, profess interest in the protection of embryonic and fetal life is to be downgraded." That argument denies the state the right to readjust its views and emphasis in light of advance knowledge and techniques of the day.
Now with the advance knowledge and techniques of the day, we can say this is what the law is and should be, and that's what we are doing under this. We are saying, is there any reason to destroy that child? The State House has said very clearly there are two reasons to save the life of the mother, and every reasonable effort has been made to preserve the life of the mother and the perinate, or to avoid and imminent threat to the physical health of the mother, and any harm to the perinate was incidental to treating the mother and not a known or intended result of the procedure performed. So then we get back to the health profession saying again, "Our job is to preserve life," especially once that life starts to appear outside of the womb, and that's what we are looking at. That's very simple, it's very straightforward, and it's something which we need to do to make sure that we preserve life. Understand that this is the first and foremost and primary responsibility of the state--whether national or state or local--is to preserve human life.
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 Cherry 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 bill:
House Bill No. 4715, 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 section 1 (MCL 780.651), as amended by 2002 PA 506.
The bill 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. 4632, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 394 (MCL 750.394).
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, line 26, by striking out "October 1, 2003" and inserting "January 1, 2004".
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 4633, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2000 PA 279.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 3, line 25, by striking out "October 1, 2003" and inserting "January 1, 2004".
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.
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 155
The resolution consent calendar was adopted.
Senators Gilbert, Allen, Stamas and McManus offered the following resolution:
Senate Resolution No. 155.
A resolution designating November 2003 as Michigan Venison Month.
Whereas, The agriculture and food sector is Michigan's second-largest industry, annually contributing more than $37 billion to the state economy. Production agriculture and the food industry employ approximately 500,000 Michigan residents; and
Whereas, Michigan agriculture is the second most diverse in the nation, producing over 125 different commodities, including the raising of privately-owned cervidae (deer and elk); and
Whereas, Michigan has approximately 735 privately-owned cervidae facilities across the state, with over 28,000 head of livestock. This ranks our state near the top for privately-owned cervidae inventories in the United States, with Kent and Genesee counties ranking among the highest producing counties nationally; and
Whereas, In cooperation with the Michigan Department of Agriculture, the privately-owned cervidae producers in our state have elected to develop the Deer and Elk Marketing Program to promote the raising and selling of deer and elk and their products, especially venison; and
Whereas, Michigan is the eighth most populous state in the nation, providing an extensive and diverse marketplace for venison producers; and
Whereas, Deer hunting is one of our state's most popular recreational activities, as well as a time-honored, annual tradition for thousands of Michigan families; and
Whereas, Every autumn, over 700,000 hunters spend over 10 million combined days in the field attempting to tag a deer and fill their freezers with venison. Consequently, Michigan hunters were successful in harvesting over 476,000 deer during the 2002 hunting seasons; and
Whereas, Private cervidae operations, deer hunting, and other hunting-related purchases generate millions of dollars for Michigan's economy each year; now, therefore, be it
Resolved by the Senate, That we hereby designate November 2003 as Michigan Venison Month; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Department of Agriculture, the Michigan Department of Natural Resources, the Michigan Deer and Elk Marketing Program, and the Michigan Deer and Elk Farmers Association.
Introduction and Referral of Bills
Senators Birkholz, McManus, Basham, Johnson and Brater introduced
Senate Bill No. 740, entitled
A bill to designate an official bird of this state.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators Birkholz, Johnson, Brater and Switalski introduced
Senate Bill No. 741, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 35301 and 35311 (MCL 324.35301 and 324.35311), section 35301 as amended by 1995 PA 262 and section 35311 as added by 1995 PA 59, and by adding section 35303a; 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 Natural Resources and Environmental Affairs.
Senators Johnson and Toy introduced
Senate Bill No. 742, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," (MCL 125.1501 to 125.1531) by adding section 4c.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators Birkholz, Basham, Brater and Switalski introduced
Senate Bill No. 743, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Birkholz, Basham and Sanborn introduced
Senate Bill No. 744, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2505 (MCL 324.2505), as added by 1995 PA 60, and by adding section 2505a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Clarke introduced
Senate Bill No. 745, entitled
A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending sections 206, 502, and 707 (MCL 450.4206, 450.4502, and 450.4707), section 206 as amended and section 707 as added by 1997 PA 52 and section 502 as amended by 2002 PA 686, and by adding section 708.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senator Clarke introduced
Senate Bill No. 746, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 217, 762, and 1060 (MCL 450.1217, 450.1762, and 450.2060), sections 217 and 762 as amended by 1997 PA 118 and section 1060 as amended by 2001 PA 57, and by adding section 745.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senators Toy and Clarke introduced
Senate Bill No. 747, entitled
A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 13 (MCL 450.233), as amended by 2001 PA 58.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senators Toy and Clarke introduced
Senate Bill No. 748, entitled
A bill to amend 1982 PA 213, entitled "Michigan revised uniform limited partnership act," by amending section 102 (MCL 449.1102) and by adding section 211.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senators Brown, Birkholz, Cropsey, Jelinek, Hardiman, Basham, Garcia, Sanborn, George, Allen and Toy introduced
Senate Bill No. 749, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2002 PA 279.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Committee Reports
The Committee on Local, Urban and State Affairs reported
Senate Bill No. 725, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 27 (MCL 42.27), as amended by 1988 PA 82.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
Senate Bill No. 224, entitled
A bill to designate the fourth Friday in April of each year as children's memorial day in the state of Michigan.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No. 4967, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2000 PA 496.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka, Basham and Bernero
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local, Urban and State Affairs submitted the following:
Meeting held on Thursday, September 25, 2003, at 1:00 p.m., Room 110, Farnum Building
Present: Senators Toy (C), Birkholz, Goschka, Basham and Bernero
COMMITTEE ATTENDANCE REPORT
The Legislative Retirement Board of Trustees submitted the following:
Meeting held on Wednesday, September 24, 2003, at 9:30 a.m., Room H-252, Capitol Building
Present: Senator Leland
Excused: Senator Goschka
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, September 24, 2003, at 1:00 p.m., Room 110, Farnum Building
Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater
COMMITTEE ATTENDANCE REPORT
The Committee on Technology and Energy submitted the following:
Meeting held on Wednesday, September 24, 2003, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Patterson (C), Toy, Birkholz, Cassis, Olshove, Leland and Bernero
Excused: Senator Brown
Scheduled Meetings
Appropriations -
Subcommittees -
Capital Outlay - Thursday, October 2, 8:45 a.m., House Appropriations Room, 3rd Floor, Capitol Building
(373-2523)
Community Health Department and Health Policy - Wednesday, October 1, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)
Natural Resources Department - Thursday, October 2, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)
Education - Thursday, October 2, 2:00 p.m., Room 210, Farnum Building (373-6920)
Families and Human Services - Thursday, October 2, 8:30 a.m., Room 210, Farnum Building (373-1801)
Finance - Wednesday, October 1, 1:00 p.m., Room 110, Farnum Building; Mondays, October 6, 10:00 a.m., Holiday Inn, 501 Saginaw Street, Bay City; and October 13, 10:00 a.m., DeVos Center, Room 138, Grand Valley State University, 401 W. Fulton Street, Grand Rapids (373-1758)
Gaming and Casino Oversight - Wednesday, October 1, 1:00 p.m., Room 210, Farnum Building (373-2413)
Government Operations - Wednesday, October 1, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0797)
Health Policy and Department of Community Health Appropriations Subcommittee - Wednesday, October 1, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)
Judiciary - Friday, October 3, 2:00 p.m., Kalamazoo County Administration Building, 201 W. Kalamazoo Avenue, Kalamazoo (373-3760)
Michigan Capitol Committee - Thursday, October 9, 9:00 a.m., Room 426, Capitol Building (373-0289)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 10:49 a.m.
The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, October 1, 2003, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate