2003-SJ-05-06-041.htm

No. 41

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Tuesday, May 6, 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 Assistant Secretary of the Senate, who announced that a quorum was not 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

Senator Nancy Cassis of the 15th District offered the following invocation:

O Gracious God, we are grateful this morning for the opportunity to be together in the service of our people. We are blessed with a beautiful day that God, gave us to be ever so mindful of His powers and His grace. He gave us the ability to think, deliberate, and act. And in His grace, He gave us heart, compassion, forgiveness, wisdom, and the full measure of love.

So as we proceed with our work, God, give us the strength to realize all Your gifts to us and act accordingly. And as You arrange this sunshiny day to enlighten our souls and warm our spirits, so will we go forward in appreciation to do Your good work. For whatever a man sows, that he will also reap. Amen.

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

Recess

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

The motion prevailed, the time being 10:04 a.m.

10:36 a.m.

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

During the recess, Senators Thomas, Bernero, Jacobs, Gilbert, McManus, Stamas, Jelinek, George, Birkholz, Patterson, Hardiman, Basham, Garcia, Van Woerkom, Kuipers, Sanborn, Goschka, Bishop, Sikkema, Toy, Allen, Cropsey and Johnson entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

The following communication was received:

Department of Community Health

April 24, 2003

The Department of Community Health provides the citizens of Michigan with a broad spectrum of diverse and essential services. Pursuant to PA 223 of 1976, we have the honor of presenting a detailed report of the activities of the Crime Victim Services Commission for Fiscal Year 2001. This report was delayed due to early retirements experienced by the department during Fiscal Year 2002.

The report describes the Commission's many activities on behalf of victims of crime and crime victim service providers across the state. These activities include financial compensation for injured victims with unpaid medical bills, supporting the work of victims rights advocates in Michigan's county prosecutor offices and giving local agencies added resources to better serve victims of child abuse, sexual assault, domestic violence, drunk driving and other violent crimes that impact our families and neighborhoods.

It is appropriate and significant that these services are all paid for with state and federal crime victim funds. These funds are derived entirely from fines and assessments paid by convicted criminals in state and federal courts.

Please contact me at (517) 335-0267 if you have any questions regarding this report or programs of victim services in our state.

Sincerely,

Janet Olszewski

Director

The communication was referred to the Secretary for record.

The following communication was received:

Department of Consumer and Industry Services

April 29, 2003

Pursuant to Section 316 of P.A. 527 of 2002, enclosed is a report on the initial and follow-up surveys conducted on all nursing homes in the state as prepared by the Department of Consumer and Industry Services.

The notification 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 335-1976.

Sincerely,

Allan R. Pohl

Acting Director

Finance and Administrative Services

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 1:

House Bill Nos. 4285 4299 4300 4324 4388 4511 4556 4557

The Secretary announced that the following bills were available at the legislative Web site on Thursday, May 1:

Senate Bill Nos. 425 426 427 428 429

House Bill Nos. 4597 4598 4599 4600 4601 4602 4603 4604 4605

The Secretary announced that the following bills were available at the legislative Web site on Friday, May 2:

House Bill Nos. 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 4618 4619 4620 4621 4622 4623 4624

The Secretary announced that the following bills and joint resolution were available at the legislative Web site on Monday, May 5:

Senate Bill Nos. 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457

Senate Joint Resolution D

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

Senate Bill No. 270

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

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:

May 1, 2003

Pursuant to Executive Order 1995-10, MCL 395.301, I respectfully submit for consideration and confirmation by the Senate, the following appointments to state office:

Michigan Commission on Disability Concerns

Mr. Dan Vivian, 4568 Manitou Drive, Okemos, MI 48864, county of Ingham, appointed to fill the vacancy created by the resignation of Nancy Johnson, to a term commencing April 28, 2003 and expiring April 28, 2006.

Mr. Joseph Connelly, 32148 Cambrone, Livonia, MI 48154, county of Wayne, reappointed to a term commencing April 28, 2003 and expiring April 28, 2006.

Ms. Kimberley Borowicz, 2812 Keats Lane, Lake Orion, MI 48360, county of Oakland, reappointed to a term commencing April 28, 2003 and expiring April 28, 2006.

Ms. Jane MacFarlane, 43629 West Arbor Way #122, Canton, MI 48188, county of Wayne, reappointed to a term commencing April 28, 2003 and expiring April 28, 2006.

Mr. Jose Zavala, 1238 Selma, Westland, MI 48186, county of Wayne, reappointed to a term commencing April 28, 2003 and expiring April 28, 2006.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No. 4332

Senate Bill No. 397

House Bill No. 4086

House Bill No. 4078

Senate Bill No. 364

The motion prevailed.

The following bill was read a third time:

House Bill No. 4332, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6, 6a, and 6b (MCL 38.556, 38.556a, and 38.556b), section 6 as amended by 2002 PA 98, section 6a as amended by 1982 PA 145, and section 6b as added by 1986 PA 30.

The question being on the passage of the bill,

Senator Basham offered the following amendments:

1. Amend page 6, line 13, after "on" by striking out "both".

2. Amend page 6, line 14, after "retirement" by striking out "and the date of death".

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

Senator Basham requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 71 Yeas--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

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. 72 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

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 provide for the establishment, maintenance, and administration of a system of pensions and retirements for the benefit of the personnel of fire and police departments employed by cities, villages, or municipalities having full paid members in the departments, and for the spouses and children of the members; to provide for the creation of a board of trustees to manage and operate the system; to authorize appropriations and deductions from salaries; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts inconsistent therewith,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 397, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72.

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. 73 Yeas--38

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. 4086, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 255 (MCL 257.255), as amended by 1987 PA 34.

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. 74 Yeas--38

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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4078, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8251 (MCL 600.8251), as amended by 1994 PA 5.

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. 75 Yeas--38

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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 364, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2002 PA 476.

The question being on the passage of the bill,

Senators Clark-Coleman, Kuipers and Switalski offered the following amendment:

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

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4453 of the 92nd Legislature is enacted into law.".

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

Senators Cropsey and Allen offered the following amendment:

1. Amend page 5, line 3, after "first" by striking out "15" and inserting "30".

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

The question being on the passage of the bill,

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

Roll Call No. 76 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

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 Kuipers 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 with a substitute therefor, the following bill:

House Bill No. 4032, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

1. Amend page 5, following line 12, by inserting:

"Hospital services and therapy $ 48,031,100".

2. Amend page 5, line 14, by striking out "146,031,600" and inserting "98,001,500".

3. Amend page 6, line 9, after "Low-income" by striking out "home".

4. Amend page 11, line 18, by striking out "100" and inserting "1,500,000".

5. Amend page 11, following line 21, by inserting:

"Cleanup and redevelopment trust fund $ 1,500,000".

6. Amend page 11, line 22, by striking out "100" and inserting "0".

7. Amend page 13, following line 9, by inserting:

"Hazardous materials programs 15,918,000".

8. Amend page 13, following line 13, by inserting:

"DOJ 15,918,000"

and adjusting the subtotals, totals, and section 201 accordingly.

9. Amend page 15, following line 5, by inserting:

"Sec. 206. For the fiscal year ending September 30, 2003, all general fund/general purpose unreserved balances at the final close of the fiscal year are appropriated and shall be transferred to the countercyclical budget and economic stabilization fund pursuant to section 354(4) of the management and budget act, 1984 PA 431, MCL 18.1354.".

10. Amend page 22, following line 12, by inserting:

"Sec. 776. Of the appropriation for $15,918,000.00 in part 1 for hazardous materials programs, 80% shall be allocated to county, city, township or village governments for equipment, training, planning and exercises.".

11. Amend page 22, line 16, after "complete" by inserting "the phase(s) as scheduled for".

12. Amend page 22, line 17, after "department's" by striking out the balance of the section and inserting "5-year road and bridge program volume IV - 2002-2006.".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator 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 at the head of the Third Reading of Bills calendar:

House Bill No. 4032

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

The following bill was read a third time:

House Bill No. 4032, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Schauer offered the following amendments:

1. Amend page 13, line 9, by striking out all of line 9.

2. Amend page 13, line 10, by striking out "44,364,000" and inserting "42,164,000".

3. Amend page 13, line 15, by striking out "2,200,000" and inserting "0".

4. Amend page 13, line 22, after "is" by striking out "$6,355,000.00" and inserting "$4,155,000.00".

5. Amend page 13, line 23, after "are" by striking out "$2,200,100.00" and inserting "$100.00".

6. Amend page 14, line 2, by striking out all of lines 2, 3, and 4.

7. Amend page 14, line 5, by striking out "2,200,100" and inserting "100" and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were 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 amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 77 Yeas--13

Barcia Clark-Coleman Leland Schauer

Basham Clarke Olshove Scott

Bernero Emerson Prusi Switalski

Brater

Nays--24

Allen Cropsey Hardiman Patterson

Birkholz Garcia Jacobs Sanborn

Bishop George Jelinek Sikkema

Brown Gilbert Johnson Stamas

Cassis Goschka Kuipers Toy

Cherry Hammerstrom McManus Van Woerkom

Excused--0

Not Voting--1

Thomas

In The Chair: President

Senator Prusi offered the following amendment:

1. Amend page 15, line 13, by striking out all of section 275.

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

Roll Call No. 78 Yeas--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Nays--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Excused--0

Not Voting--0

In The Chair: President

Senator Scott offered the following amendments:

1. Amend page 12, following line 12, by inserting:

"Detroit public schools election reimbursement 1,500,000".

2. Amend page 12, line 13, by striking out "14,144,000" and inserting "15,644,000".

3. Amend page 12, line 18, by striking out "0" and inserting "1,500,000" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Senator Sikkema requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 79 Yeas--10

Bernero Clark-Coleman Leland Scott

Brater Clarke Prusi Thomas

Cherry Jacobs

Nays--25

Allen Garcia Jelinek Sanborn

Barcia George Johnson Sikkema

Birkholz Gilbert Kuipers Stamas

Bishop Goschka McManus Switalski

Brown Hammerstrom Olshove Toy

Cassis Hardiman Patterson Van Woerkom

Cropsey

Excused--0

Not Voting--3

Basham Emerson Schauer

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. 80 Yeas--28

Allen Cherry Hardiman Sanborn

Barcia Cropsey Jelinek Schauer

Bernero Garcia Johnson Sikkema

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Nays--10

Basham Clarke Leland Scott

Brater Emerson Prusi Thomas

Clark-Coleman Jacobs

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.

The Senate agreed to title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

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

The motion prevailed.

By unanimous consent the Senate returned 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 Kuipers as Chairperson.

Senate Bill No. 270, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

Substitute (S-1).

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

1. Amend page 12, line 3, by striking out "28,143,900" and inserting "26,876,700".

2. Amend page 12, line 4, by striking out "2,130,600" and inserting "2,013,400".

3. Amend page 12, line 5, by striking out "3,037,000" and inserting "2,870,000".

4. Amend page 12, line 9, by striking out "15,137,900" and inserting "14,473,000".

5. Amend page 13, line 9, by striking out "93,191,300" and inserting "90,975,000".

6. Amend page 13, line 11, by striking out "10,729,700" and inserting "10,161,600".

7. Amend page 13, line 12, by striking out "1,420,400" and inserting "1,342,300".

8. Amend page 13, line 14, by striking out "191,100" and inserting "180,600".

9. Amend page 13, line 15, by striking out "521,900" and inserting "493,200".

10. Amend page 13, line 16, by striking out "143,800" and inserting "135,900".

11. Amend page 13, line 17, by striking out "364,700" and inserting "344,600".

12. Amend page 13, line 22, by striking out "12,971,600" and inserting "12,258,200" and adjusting the subtotals, totals, and section 201 accordingly.

13. Amend page 36, line 4, after "agencies" by striking out the comma and "except departments headed by elected officials,".

14. Amend page 36, line 10, after "(2)" by inserting "The attorney general and secretary of state may grant exceptions to the hiring freeze for their respective departments pursuant to the same criteria that the state budget director is able to grant exceptions under this subsection.".

15. Amend page 39, line 11, by striking out all of section 300.

16. Amend page 59, line 14, by striking out all of section 800.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 270

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

The following bill was read a third time:

Senate Bill No. 270, entitled

The question being on the passage of the bill,

Senator Prusi offered the following amendments:

1. Amend page 3, line 25, by striking out "57,384,000" and inserting "56,384,000".

2. Amend page 5, line 10, by striking out "1,301,700" and inserting "1,101,700".

3. Amend page 5, line 23, by striking out "30,864,300" and inserting "30,064,300" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 42, line 26, after "of" by striking out "$1,000,000.00" and inserting "$800,000.00".

The question being on the adoption of the amendments,

Point of Order

Senator Switalski raised the Point of Order that the amendments offered by Senator Prusi were amendments by reference.

The President, Lieutenant Governor Cherry, ruled that the amendments were not amendments by reference. However, a previously adopted amendment was an amendment by reference, but time had passed for a proper objection to be made.

The question being on the adoption of the amendments,

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

Senator Scott offered the following amendments:

1. Amend page 6, line 24, by striking out "11,059,100" and inserting "12,042,900".

2. Amend page 7, line 5, by striking out "10,379,200" and inserting "11,363,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Scott requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 81 Yeas--17

Barcia Clark-Coleman Jacobs Schauer

Basham Clarke Leland Scott

Bernero Emerson Olshove Switalski

Brater Hardiman Prusi Thomas

Cherry

Nays--21

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey

Excused--0

Not Voting--0

In The Chair: President

Senator Switalski offered the following amendment:

1. Amend page 36, line 10, after "(2)" by striking out "The attorney general and secretary of state may grant exceptions to the hiring freeze for their respective departments pursuant to the same criteria that the state budget director is able to grant exceptions under this subsection.".

The amendment was 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. 82 Yeas--23

Allen Cropsey Hardiman Sanborn

Barcia Garcia Jelinek Sikkema

Birkholz George Johnson Stamas

Bishop Gilbert Kuipers Toy

Brown Goschka McManus Van Woerkom

Cassis Hammerstrom Patterson

Nays--15

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

The question being on the motion to reconsider,

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

The motion prevailed.

Protest

Senator Switalski, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 270 and moved that the statements he made during the discussion of the amendment he offered and the bill be printed as his reasons for voting "no."

The motion prevailed.

Senator Switalski's first statement is as follows:

This amendment revisits the hiring freeze language that we've been discussing earlier this morning, and it sets a uniform policy--uniform guideline--for all departments. I want to say a little bit about that and the amendment that we made on Third Reading. Now the chairman of general government, the good Senator from District 22, I think did a very good job--a very decent job--and what I like about him is that he listens, and he makes adjustments. He listens to the arguments, and I think he said at the committee that he was going to think about this. He offered an amendment moments ago on General Orders about this very issue, and I think he got it half right. He struck out the offending language that said we're going to treat the Secretary of State and the Attorney General different from every other department, and that was a good thing. I commend him for that; that was the right thing to do. But then he added on a second paragraph which said that we're going to let the Secretary of State and the Attorney General determine whether they are in compliance with the hiring freeze and grant themselves exemptions from that, which really kind of cuts the legs out from underneath the good thing he's done in the first paragraph. So my amendment just deletes that second paragraph.

As I said, I have the greatest respect for the chairman of general government. He went ahead and made the tough cuts in his budgets, and then he saw some of his own colleagues restore a lot of funding without making corresponding cuts. This thing doesn't cost any money. It will help us to be fiscally responsible. So I hope that the good chairman will accept it in the spirit it's offered. He is trying to do the right thing. He did the right thing on the contingency money. He corrected that--I commend him for that--he did that on General Orders, and he's moving in the direction of treating every department fairly and equitably and in the same fashion. I just want to help him make that last little baby step to do it.

Senator Switalski's second statement is as follows:

I hesitate to vote against this bill because there are a lot of good things in it. It does some necessary things that have to be done in these tough budget times, and it does something on motorcycle safety which is near and dear to my heart. That program is going away, and this transfers it over to the Secretary of the State and maintains it. But I think there is one major drawback to this bill, and I hope my colleagues will think about this. The disparate treatment to the Secretary of State and Attorney General creates the impression, and it may not be justified, but it creates a strong impression that there's partisanship in this budget. I know we would never want to appear to be partisan, and I respect my colleagues too much to think that they would actually be partisan in this way. But we have tried to change the bill to take that appearance of partisanship out, and we've not been successful in that. There's a number of places where that occurs in this bill regarding lapse funding. The Attorney General is actually one of the only budgets that's actually increasing in dollars. Meanwhile, we're suffering significant cuts, which, you know, we're in bad economic times, and we do have to make cuts. But I think this bill has that fatal flaw in it that's going to cause me and my colleagues to vote against it.

Recess

Senator Hammerstrom moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 12:40 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Cherry.

Recess

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

The motion prevailed, the time being 1:32 p.m.

1:39 p.m.

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

By unanimous consent the Senate returned 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 Kuipers as Chairperson.

Senate Bill No. 283, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 283

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

The following bill was read a third time:

Senate Bill No. 283, entitled

The question being on the passage of the bill,

Senator Cherry offered the following amendment:

1. Amend page 23, line 20, by striking out all of section 275.

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

Roll Call No. 83 Yeas--17

Barcia Clark-Coleman Leland Scott

Basham Clarke Olshove Stamas

Bernero Emerson Prusi Switalski

Brater Jacobs Schauer Thomas

Cherry

Nays--21

Allen Garcia Hardiman Patterson

Birkholz George Jelinek Sanborn

Bishop Gilbert Johnson Sikkema

Brown Goschka Kuipers Toy

Cassis Hammerstrom McManus Van 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. 84 Yeas--38

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned 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 Kuipers as Chairperson.

Senate Bill No. 279, entitled

A bill to make appropriations for the department of history, arts, and libraries and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

Substitute (S-1).

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

1. Amend page 3, line 21, by striking out "12,567,800" and inserting "12,417,800".

2. Amend page 3, line 22, by striking out "13,262,300" and inserting "13,112,300".

3. Amend page 4, line 1, by striking out "12,562,300" and inserting "12,412,300".

4. Amend page 5, following line 22, by inserting:

"Special collections transition funding 150,000".

5. Amend page 5, line 24, by striking out "26,658,500" and inserting "26,808,500".

6. Amend page 6, line 5, by striking out "19,727,900" and inserting "19,877,900" and adjusting the subtotals, totals, and section 201 accordingly.

7. Amend page 21, following line 6, by inserting:

"Sec. 606. (1) Of the funds appropriated in section 107 for special collections transition funding, the Grand Rapids public library shall receive $50,000.00 and the Detroit public library shall receive $100,000.00.

(2) The department shall conduct a comprehensive study on special collections at public libraries across the state and shall report to the legislature no later than September 30, 2004 on recommendations for funding and recognizing the distinct nature of the respective collections.

Sec. 607. The Detroit public library shall provide a report to the legislature by February 1 that includes the following:

(a) The number of patrons that have used the special collections for the previous calendar year including where those patrons live.

(b) A list of any fees charged to the patrons and the service that required the fee.

(c) A report on the specific fund sources that support the special collections and how those funds have been allocated for the last 5 years.

(d) A plan for maintaining or dispersing the special collections at the current service levels after the supplemental grant funding for this library ends.

Sec. 608. The Detroit public library shall ensure that the special collections maintained by the library be available on nights and weekends in addition to regular business hours.".

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 279

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

The following bill was read a third time:

Senate Bill No. 279, entitled

The question being on the passage of the bill,

Senator Clarke offered the following amendments:

1. Amend page 2, line 26, by striking out "130,000" and inserting "117,600".

2. Amend page 2, line 27, by striking out "5,091,300" and inserting "5,078,900".

3. Amend page 3, line 3, by striking out "5,091,300" and inserting "5,078,900".

4. Amend page 3, line 21, by striking out "12,567,800" and inserting "11,771,300".

5. Amend page 3, line 22, by striking out "13,262,300" and inserting "12,465,800".

6. Amend page 4, line 1, by striking out "12,562,300" and inserting "11,765,800".

7. Amend page 4, line 15, by striking out "4,974,500" and inserting "4,806,000".

8. Amend page 4, line 21, by striking out "8,218,300" and inserting "8,049,800".

9. Amend page 5, line 12, by striking out "4,928,600" and inserting "4,760,100".

10. Amend page 5, line 19, by striking out "12,660,600" and inserting "11,809,900".

11. Amend page 5, line 23, by striking out "1,211,300" and inserting "184,400".

12. Amend page 5, following line 23, by inserting:

"Grand Rapids public library 185,800

Detroit public library 2,682,900".

13. Amend page 6, line 5, by striking out "19,727,900" and inserting "2,071,900" and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Schauer moved that Senator Emerson be excused from the balance of today's session.

The motion prevailed.

Senator Clarke offered the following amendment:

1. Amend page 11, following line 23, by inserting:

"Sec. 216. (1) In addition to the amounts appropriated in part 1, in order to encourage administrative efficiencies, there is appropriated to the department, an amount not to exceed one-half of the unexpended, unreserved general fund portions of fiscal year 2002-2003 appropriations made to the department for salaries and wages expenses, contractual services, supplies and materials expenses, information technology expenses and program operations costs.

(2) The appropriations contained in subsection (1) are subject to the approval of the state budget director and shall be spent for the same purposes for which the original appropriation was made in fiscal year 2002-2003.".

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

Senator Johnson offered the following amendment:

1. Amend page 8, line 11, by striking out all of section 206.

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

The question being on the passage of the bill,

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

Roll Call No. 85 Yeas--30

Allen Cherry Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Johnson Sikkema

Bernero George Kuipers Stamas

Birkholz Gilbert McManus Switalski

Bishop Goschka Olshove Toy

Brown Hammerstrom Patterson Van Woerkom

Cassis Hardiman

Nays--7

Brater Clarke Prusi Thomas

Clark-Coleman Leland Scott

Excused--1

Emerson

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned 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 Kuipers as Chairperson.

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

Senate Bill No. 288, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 288

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

The following bill was read a third time:

Senate Bill No. 288, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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. 86 Yeas--36

Allen Cherry Hardiman Sanborn

Barcia Clark-Coleman Jacobs Schauer

Basham Clarke Jelinek Scott

Bernero Cropsey Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Nays--0

Excused--1

Emerson

Not Voting--1

Leland

In The Chair: Birkholz

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned 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 pro tempore, Senator Birkholz, designated Senator Kuipers as Chairperson.

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

Senate Bill No. 266, entitled

A bill to make appropriations for the department of military affairs and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 266

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

The following bill was read a third time:

Senate Bill No. 266, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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. 87 Yeas--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry

Nays--0

Excused--1

Emerson

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

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

House Bill No. 4032

Senate Bill No. 270

The motion prevailed.

The following bill was announced:

House Bill No. 4032, entitled

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 495.)

The question being on the motion to reconsider the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

The following bill was announced:

Senate Bill No. 270, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 499.)

The question being on the motion to reconsider the vote by which the bill was passed,

The motion prevailed, a majority of the Senators serving having voted therefor.

The question being on the passage of the bill,

Senator Sikkema offered the following amendments:

1. Amend page 6, line 24, by striking out "11,059,100" and inserting "12,042,900".

2. Amend page 7, line 5, by striking out "10,379,200" and inserting "11,363,000".

3. Amend page 15, line 11, by striking out "9,018,500" and inserting "8,018,500".

4. Amend page 16, line 12, by striking out "16,832,300" and inserting "15,832,300".

5. Amend page 25, line 22, by striking out "1,615,900" and inserting "1,088,500".

6. Amend page 26, line 9, by striking out "4,386,600" and inserting "3,859,200".

7. Amend page 28, line 4, by striking out "2,826,400" and inserting "2,353,800".

8. Amend page 28, line 27, by striking out "6,998,300" and inserting "6,525,700" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Senator Sikkema requested the yeas and nays.

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

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

Roll Call No. 88 Yeas--36

Allen Cherry Hardiman Prusi

Barcia Clark-Coleman Jacobs Sanborn

Basham Clarke Jelinek Schauer

Bernero Cropsey Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Nays--0

Excused--1

Emerson

Not Voting--1

Switalski

In The Chair: Birkholz

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. 89 Yeas--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Nays--15

Barcia Cherry Leland Scott

Basham Clark-Coleman Olshove Switalski

Bernero Clarke Prusi Thomas

Brater Jacobs Schauer

Excused--1

Emerson

Not Voting--0

In The Chair: Birkholz

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. 81

The resolution consent calendar was adopted.

Senator Garcia offered the following resolution:

Senate Resolution No. 81.

A resolution to commemorate the 100th Birthday of Charlie Gehringer.

Whereas, Charlie Gehringer, a native of Michigan, led a distinguished 19-year baseball career with the Detroit Tigers. Charlie compiled a lifetime batting average of .320, hit 184 homeruns, stole 182 bases, and hit 2,839 base hits; and

Whereas, Mr. Gehringer's remarkable consistency, dedication, and talent on the baseball field earned him the nickname, the "Mechanical Man." He batted over .300 for 13 seasons and collected 200 hits seven times. Twice, Charlie accumulated consecutive-game playing streaks of more than 500 games. One of Charlie's teammates was quoted as commenting, "You wind Gehringer up in the spring and turn him off in the fall and in between he hits .340"; and

Whereas, The accomplishments of Charlie Gehringer have deservingly earned him the status of a baseball legend. He was a starting second baseman for the American League in the first six All-Star games, played in three World Series, and was voted the league's Most Valuable Player in 1937. On June 18, 1949, Charlie Gehringer was inducted into the Baseball Hall of Fame; and

Whereas, Charlie Gehringer, one of the state's great sports heroes, was born on May 11, 1903, to a farming family outside of the village of Fowlerville and died on January 21, 1993, in Bloomfield Hills; now, therefore, be it

Resolved by the Senate, That we hereby honor and commemorate May 11, 2003, as the 100th Birthday of Charlie Gehringer. May his family and the people of Michigan know of our admiration and respect; and be it further

Resolved, That a copy of this resolution be transmitted to Charlie Gehringer's family as they commemorate the exceptional life of a Michigan legend.

Senator Jacobs offered the following resolution:

Senate Resolution No. 80.

A resolution to urge the United States Secretary of State to increase efforts to urge the People's Republic of China to halt its violation of the human rights of its citizens, specifically the persecution against practitioners of Falun Gong.

Whereas, Falun Gong, which is also known as Falun Dafa, is a discipline of personal beliefs that incorporates exercise, meditation, and principles based on truthfulness, compassion, and forbearance. Its millions of practitioners work to attain inner peace, good health, and better skills to deal with stress and conflict in life; and

Whereas, Over the past several years, authorities in the People's Republic of China have taken strong and brutal actions against practitioners of Falun Gong. Reports indicate that tens of thousands of people have been tortured and sent to labor camps, and property owned by those who follow this discipline has been destroyed or confiscated. The aggressive actions taken by the state reflect a systematic commitment to eliminate Falun Gong and those who pursue it; and

Whereas, The persecution of practitioners of Falun Gong is in apparent violation of the People's Republic of China's own constitution and a flagrant violation of standards of human rights recognized by the United Nations and most governments of the world; and

Whereas, Citizens of Michigan who practice Falun Gong and those who understand this discipline cannot fathom the reaction of the Chinese authorities. Indeed, those who value human rights seek an increase of efforts to urge the People's Republic of China to halt this persecution; now, therefore, be it

Resolved by the Senate, That we urge the United States Secretary of State to increase efforts to urge the People's Republic of China to recognize and protect the human rights of its citizens and halt the persecution against practitioners of Falun Gong; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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 Judiciary.

The motion prevailed.

House Concurrent Resolution No. 12.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Delta College relative to the Delta College General Campus Renovations.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Delta College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the General Campus Renovations (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Delta College General Campus Renovations shall not exceed $18,000,000 (the Authority share is $17,819,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $180,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $17,819,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,350,000 and $1,730,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Delta College and the State Budget Director.

The House of Representatives has adopted the concurrent resolution.

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 Appropriations.

The motion prevailed.

Senators Clarke, Allen, Birkholz and Goschka were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 22.

A resolution offered as a memorial for Martha Griffiths, President of the Senate from 1983 to 1990.

(For text of resolution, see Senate Journal No. 38, p. 443.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Hardiman and Goschka asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hardiman's statement is as follows:

I just wanted to speak to Senate Bill No. 283, the FIA budget. I wanted to express my appreciation to my Senate colleagues for support of this, certainly the subcommittee, specifically. We had wonderful support and cooperation on both sides of the aisle. I think the budget reflects a strong recognition for the importance of marriage and family programs, as well as many others including teenage parenting, fatherhood, and many others. I just wanted to express my appreciation. Thank you very much.

Senator Goschka's statement is as follows:

Senator Garcia has reminded me of some history I have read up on, and I would also like to say that Charlie Gehringer from Fowlerville was one of the very best second basemen ever to play major league baseball. He was someone who I know in his day everyone throughout Michigan was very proud of and still is. In 1934, he led the Detroit Tigers to the Pennant. In 1935, he not only led them to the Pennant, but to a World Series victory over the St. Louis Cardinals. Charlie Gehringer is a great man to remember, and I would encourage everyone to sign on to Senator Garcia's resolution.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Clarke, Scott, Clark-Coleman, Thomas and Leland introduced

Senate Bill No. 458, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8301 and 8396 (MCL 600.8301 and 600.8396), section 8301 as amended by 1996 PA 388 and section 8396 as added by 1994 PA 12.

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

Senators Clarke, Scott, Clark-Coleman, Thomas and Leland introduced

Senate Bill No. 459, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8701, 8703, 8705, 8707, 8713, 8715, 8723, 8725, 8727, 8731, and 8735 (MCL 600.8701, 600.8703, 600.8705, 600.8707, 600.8713, 600.8715, 600.8723, 600.8725, 600.8727, 600.8731, and 600.8735), sections 8701, 8705, 8707, 8713, 8715, 8723, 8725, 8727, and 8731 as added by 1994 PA 12, section 8703 as amended by 1996 PA 388, and section 8735 as added by 1995 PA 54, and by adding section 8722.

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

House Bill No. 4285, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 2002 PA 94, and by adding section 92.

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

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

House Bill No. 4299, entitled

A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).

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 Local, Urban and State Affairs.

House Bill No. 4300, entitled

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

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 Local, Urban and State Affairs.

House Bill No. 4324, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11 (MCL 46.11), as amended by 1998 PA 97.

The House of Representatives has passed the bill.

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

House Bill No. 4388, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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 Appropriations.

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 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 Government Operations.

House Bill No. 4556, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.

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 Finance.

House Bill No. 4557, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 4 (MCL 206.4).

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 Finance.

Committee Reports

The Committee on Appropriations reported

Senate Bill No. 183, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 2002 PA 521.

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

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

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. 270, entitled

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

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman and George

Nays: Senators Prusi, Barcia, Scott, Cherry, Clarke and Switalski

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. 285, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski

Nays: Senator Cropsey

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. 286, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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, 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, April 30, 2003, at 1:00 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

Senate Concurrent Resolution No. 18.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to include the services of licensed professional counselors and marriage and family therapists among services covered under Medicare.

(For text of resolution, see Senate Journal No. 34, p. 391.)

With the recommendation that the concurrent resolution be adopted.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Bernero, and Jacobs

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Health Policy reported

Senate Resolution No. 52.

A resolution to memorialize the Congress of the United States to enact legislation to include the services of licensed professional counselors and marriage and family therapists among services covered under Medicare.

(For text of resolution, see Senate Journal No. 34, p. 390.)

With the recommendation that the resolution be adopted.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Bernero, and Jacobs

Nays: None

The resolution was placed on the order of Resolutions.

The Committee on Health Policy reported

Senate Bill No. 50, entitled

A bill to regulate certain health clubs with respect to potential medical emergencies; and to provide for civil sanctions.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, George, Bernero and Jacobs

Nays: Senator Patterson

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

The Committee on Health Policy reported

Senate Bill No. 179, entitled

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

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, George, Bernero and Jacobs

Nays: Senator Patterson

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

The Committee on Health Policy reported

House Bill No. 4038, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531d.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, George, Bernero and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, April 30, 2003, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Hammerstrom (C), Patterson, George, Bernero and Jacobs

The Committee on Appropriations reported

Senate Bill No. 277, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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, Cropsey, Jelinek, McManus, Hardiman, George and Barcia

Nays: Senators Prusi, Scott, Cherry, Clarke and Switalski

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. 265, entitled

A bill to make appropriations for the state transportation department and certain state purposes from the funds designated in this act for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

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, Cropsey, Jelinek, McManus, Hardiman, George and Barcia

Nays: Senators Prusi, Scott, Cherry, Clarke and Switalski

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. 281, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2004; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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, 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 Thursday, May 1, 2003, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

Excused: Senator Garcia

The Committee on Banking and Financial Institutions reported

House Bill No. 4432, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2834.

With the recommendation that the bill pass.

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

Michael Bishop

Chairperson

To Report Out:

Yeas: Senators Bishop, Van Woerkom, Sanborn, Leland, Olshove and Clark-Coleman

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Banking and Financial Institutions reported

Senate Bill No. 425, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," (MCL 125.2301 to 125.2349) by adding section 30i.

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.

Michael Bishop

Chairperson

To Report Out:

Yeas: Senators Bishop, Van Woerkom, Sanborn, Leland, Olshove and Clark-Coleman

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 Banking and Financial Institutions submitted the following:

Public hearing held on Thursday, May 1, 2003, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Bishop (C), Van Woerkom, Sanborn, Leland, Olshove and Clark-Coleman

Excused: Senator Stamas

The Committee on Education reported

Senate Bill No. 367, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 31a and 32a (MCL 388.1631a and 388.1632a), as amended by 2002 PA 521; and to repeal acts and parts of acts.

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

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cassis, Van Woerkom, Clark-Coleman and Leland

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 Education submitted the following:

Meeting held on Thursday, May 1, 2003, at 2:00 p.m., Room 210, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Public hearing held on Wednesday, April 30, 2003, at 7:00 p.m., Hudsonville City Hall Commission Chambers, 3275 Central Boulevard, Hudsonville

Present: Senators Gilbert (C) and Kuipers

Excused: Senators Goschka, Leland and Basham

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, May 1, 2003, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)

Present: Senator Jelinek (C)

Excused: Senators Brown, Cropsey, Switalski and Scott

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Friday, May 2, 2003, at 10:00 a.m., Central Michigan University, Park Library, Strosacker Room, Mount Pleasant

Present: Senators Goschka (C), Hardiman, Cherry and Prusi

Excused: Senator Johnson

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, May 8, 8:30 a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, May 7, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittees -

Community Health Department - Tuesday, May 13, and Thursday, May 15, 2:00 p.m., Rooms 402 and 403, Capitol Building (373-7946)

Environmental Quality Department - Wednesdays, May 14, May 21, May 28, and June 4, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Judiciary and Corrections - Tuesdays, May 13, May 20, and May 27, 3:00 p.m., Room 210, Farnum Building (373-3760)

K-12, School Aid, Education - Thursdays, May 8, 1:00 p.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building; and May 15, 1:00 p.m. or later immediately following session, Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-6960)

Natural Resources Department - Tuesdays, May 13, May 20, May 27, and June 3, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Economic Development, Small Business and Regulatory Reform - Wednesday, May 7, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

Finance - Wednesday, May 7, 12:00 noon, Room 110, Farnum Building (373-1758)

Health Policy - Wednesday, May 7, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)

Michigan Capitol Committee - Thursday, May 8, 12:30 p.m., Room 405, Capitol Building (373-0289) (CANCELED)

Natural Resources and Environmental Affairs, Natural Resources Department Appropriations Subcommittee, and Environmental Quality Department Appropriations Subcommittee - Thursday, May 8, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-3447)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 4:15 p.m.

The President pro tempore, Senator Birkholz, declared the Senate adjourned until Wednesday, May 7, 2003, at 10:00 a.m.

CAROL MOREY VIVENTI Secretary of the Senate

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

Barcia	Cherry	Jacobs	Schauer
Basham	Clark-Coleman	Leland	Scott
Bernero	Clarke	Olshove	Switalski
Brater	Emerson	Prusi	Thomas

Allen	Garcia	Jelinek	Sanborn
Birkholz	George	Johnson	Sikkema
Bishop	Gilbert	Kuipers	Stamas
Brown	Goschka	McManus	Toy
Cassis	Hammerstrom	Patterson	Van Woerkom
Cropsey	Hardiman