2003-SJ-06-03-053.htm

No. 53

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Tuesday, June 3, 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--excused

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present

Reverend William Farina of Bethel Christian Church of Warren offered the following invocation:

O mighty God, we thank You for Your gracious hand of protection and blessing upon this great nation and the great state of Michigan. Bless and protect our President and all federal officials--our Governor and all state officials. Bless and protect our military, those on foreign soil and those within our borders, who sacrifice to preserve and defend our freedoms.

We specifically thank You and pray for this honorable legislative body as they make important decisions on behalf of the people of the state of Michigan. O God, give them supernatural power in these uncertain times in which we are facing many challenging issues. Grant them Your wisdom, Your guidance, Your compassion, Your courage, and Your character that we all may do what is right in Your sight.

We ask all of this in Your mighty name. Amen.

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

Motions and Communications

Pursuant to rule 3.203, the Majority Leader made the following committee reassignments:

Senate Bill No. 526

Senate Bill No. 529

The bills were referred to the Committee on Appropriations.

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following bills were available at the legislative Web site on Thursday, May 29:

Senate Bill Nos. 521 522 523 524 525

House Bill Nos. 4765 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778

4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790

The Secretary announced that the following bills were available at the legislative Web site on Friday, May 30:

Senate Bill Nos. 526 527 528 529 530 531

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 messages from the Governor were received:

Date: May 29, 2003

Time: 9:27 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 180 (Public Act No. 12), being

An act to amend 1984 PA 431, entitled "An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts," (MCL 18.1101 to 18.1594) by adding section 224.

(Filed with the Secretary of State on May 29, 2003, at 9:59 a.m.)

Date: May 29, 2003

Time: 9:29 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 397 (Public Act No. 13), being

An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72.

(Filed with the Secretary of State on May 29, 2003, at 10:01 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following messages from the Governor were received and read:

May 29, 2003

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Executive Order 1995-10, MCL 395.301:

Michigan Commission on Disability Concerns

Mr. Anthony Filippis Sr., 1118 Midland Boulevard, Royal Oak, Michigan 48073, county of Oakland, appointed as Vice-Chair to a term commencing May 29, 2003 and expiring May 29, 2006.

May 30, 2003

Pursuant to section 657 of Act 232 of 1965, MCL 290.657, I respectfully submit for consideration and confirmation by the Senate, the following appointment to state office:

Michigan Cranberry Marketing Committee

Mr. David John Brink, 12250 South Walnut, Grant, Michigan 49327, county of Newaygo, to succeed Mr. Ronald Bodtke, for a term commencing on May 30, 2003, and expiring on October 10, 2004.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

Senator Bernero entered the Senate Chamber.

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:

Senate Bill No. 206

Senate Bill No. 433

Senate Bill No. 434

Senate Bill No. 435

Senate Bill No. 436

Senate Bill No. 437

Senate Bill No. 438

Senate Bill No. 439

Senate Bill No. 440

Senate Bill No. 441

Senate Bill No. 442

Senate Bill No. 443

Senate Bill No. 444

Senate Bill No. 445

Senate Bill No. 446

Senate Bill No. 447

Senate Bill No. 448

Senate Bill No. 449

Senate Bill No. 450

Senate Bill No. 451

Senate Bill No. 509

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 206, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16323a and part 168.

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. 145 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 433, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 629e and 907 (MCL 257.629e and 257.907), section 629e as amended by 2001 PA 213 and section 907 as amended by 2002 PA 534.

The question being on the passage of the bill,

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

Roll Call No. 146 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 434, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8727, 8729, 8731, 8733, 8735, 8827, 8829, and 8835 (MCL 600.8727, 600.8729, 600.8731, 600.8733, 600.8735, 600.8827, 600.8829, and 600.8835), sections 8727, 8729, 8731, and 8733 as added by 1994 PA 12 and sections 8735, 8827, 8829, and 8835 as added by 1995 PA 54.

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. 147 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 435, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8381 (MCL 600.8381), as amended by 1996 PA 374.

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. 148 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 436, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1j to chapter IX.

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. 149 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 437, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 2000 PA 55, and by adding section 18m to chapter XIIA.

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. 150 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 Switalski

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Nays--0

Excused--1

Thomas

Not Voting--1

Emerson

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 438, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 321, 880, 880a, 880b, 1027, 2529, 5756, 8371, and 8420 (MCL 600.321, 600.880, 600.880a, 600.880b, 600.1027, 600.2529, 600.5756, 600.8371, and 600.8420), section 321 as amended by 1997 PA 182, sections 880 and 880b as amended by 2000 PA 56, section 880a as added and sections 5756 and 8420 as amended by 1993 PA 189, section 1027 as added by 1996 PA 388, and sections 2529 and 8371 as amended by 2002 PA 605, and by adding section 171.

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. 151 Yeas--36

Allen Cherry Hammerstrom Patterson

Barcia Clark-Coleman Hardiman Prusi

Basham Clarke Jacobs Schauer

Bernero Cropsey Jelinek Scott

Birkholz Emerson Johnson Sikkema

Bishop Garcia Kuipers Stamas

Brater George Leland Switalski

Brown Gilbert McManus Toy

Cassis Goschka Olshove Van Woerkom

Nays--1

Sanborn

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 439, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 181.

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. 152 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 440, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 185.

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. 153 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 441, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 175.

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. 154 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 442, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16a, 44a, and 81 (MCL 780.766a, 780.794a, and 780.831), sections 16a and 44a as added by 2000 PA 503 and section 81 as amended by 1996 PA 562.

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. 155 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

Senator Cropsey offered to amend the title to read as follows:

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16a, 44a, and 76a (MCL 780.766a, 780.794a, and 780.826a), as added by 2000 PA 503.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

Senate Bill No. 443, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 29 of chapter XIIA (MCL 712A.29), as added by 1993 PA 344.

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. 156 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 444, entitled

A bill to amend 1994 PA 35, entitled "The forensic laboratory funding act," by amending sections 5, 6, and 7 (MCL 12.205, 12.206, and 12.207), section 6 as amended by 1998 PA 98.

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. 157 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 445, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 2001 PA 87.

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. 158 Yeas--36

Nays--0

Excused--1

Thomas

Not Voting--1

Emerson

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 446, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2001 PA 91.

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. 159 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 447, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520m (MCL 750.520m), as amended by 2001 PA 89.

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. 160 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 448, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.

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. 161 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 449, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 22 of chapter XV (MCL 775.22), as added by 1993 PA 343.

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. 162 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 450, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 1999 PA 271.

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. 163 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 451, entitled

A bill to amend 1988 PA 260, entitled "Community dispute resolution act," by amending section 10 (MCL 691.1560), as amended by 1993 PA 286.

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. 164 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 509, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 732a.

The question being on the passage of the bill,

Senators Leland and Gilbert offered the following amendments:

1. Amend page 1, line 1, after "732a." by inserting "(1) An individual, whether licensed or not, who accumulates 4 or more points on his or her driving record pursuant to section 320a within a 2-year period for any violation not listed under subsection (3) shall, upon being issued a subsequent citation for a violation not listed under subsection (3), have the following options:

(a) Plead responsible and pay the fine and costs.

(b) Agree to take a prescribed driver improvement course that has a nationally recognized curriculum and provides a certificate of completion at the completion of the course. If the individual completes the prescribed course within a 90-day period, the court, upon receipt of the certificate of completion, shall order that the points otherwise prescribed for the violation not be recorded on the individual's driving record. The court shall post the abstract of the disposition in the same manner as prescribed under this act for other violations. An individual may choose this option only once." and renumbering the remaining subsections.

2. Amend page 1, line 4, after "subsection" by striking out "(2)" and inserting "(3)".

3. Amend page 1, line 6, after "subsection" by striking out "(2)" and inserting "(3)".

4. Amend page 3, line 12, after "subsection" by striking out "(1)" and inserting "(2)".

5. Amend page 3, line 13, by striking out "(2)" and inserting "(3)".

6. Amend page 3, line 24, after "subsection" by striking out "(3)" and inserting "(4)".

7. Amend page 4, line 3, after "subsections" by striking out "(1)" and inserting "(2)".

8. Amend page 4, line 4, after "and" by striking out "(2)" and inserting "(3)".

The amendments were 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. 165 Yeas--37

Cherry

Nays--0

Excused--1

Thomas

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 Brater as Chairperson.

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

Senate Bill No. 271, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 20d.

House Bill No. 4197, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 2000 PA 248.

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

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

House Bill No. 4219, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3 (MCL 205.93), as amended by 2002 PA 669.

Substitute (S-1).

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

1. Amend page 2, line 13, after "state" by inserting "and that is not an aircraft".

2. Amend page 3, line 17, after "department." by inserting "However, the price tax base of an aircraft that would otherwise qualify for the presumption under subsection (1)(b) if it were other tangible personal property shall be its retail value at the time it becomes taxable in this state.".

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

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

House Bill No. 4008, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512 (MCL 206.512), as amended by 1996 PA 484.

Substitute (S-2).

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

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

Senate Bill No. 23, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512 (MCL 206.512), as amended by 1996 PA 484.

Substitute (S-2).

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

1. Amend page 1, line 10, after "township," by inserting "levied using a uniform millage rate on all real property not exempt by state law from the levy of the special assessment, and".

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.

Resolutions

Senators Hardiman, Kuipers, Van Woerkom and Birkholz offered the following resolution:

Senate Resolution No. 98.

A resolution to memorialize the Congress of the United States to restore funding for the 21st Century Community Learning Centers program.

Whereas, The proposed federal budget includes a $400 million cut in the 21st Century Community Learning Centers for after-school programs; and

Whereas, The proposed cut undermines the goals of the "No Child Left Behind" Act to help children succeed academically and enhance their reading and writing skills; and

Whereas The proposed cut would directly affect programming for over 20,000 high-risk youth in the state of Michigan, through an estimated $15,688,256 loss of funding; and

Whereas, Many research studies indicate that children who consistently attend after-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct compared to those children not involved in programs; and

Whereas, Juvenile crime soars in the hours immediately after the day's last school bell rings. After-school programs are very effective in helping to prevent the victimization of youth and juvenile delinquency; and

Whereas, 21st Century Community Learning Centers actively engage parents as partners in their children's education and seek to strengthen the home/school bond; and

Whereas, 21st Century Community Learning Centers in Michigan are successful in reducing school absenteeism, improving reading scores, and providing a safe place for children during peak juvenile crime hours; and

Whereas, 21st Century Community Learning Centers align their curriculum with the school-day curriculum through fun and experiential learning activities; and

Whereas, The state of Michigan has begun the implementation of the 21st Century Community Learning Centers and sees these centers as one of the best sustainable means to offer quality after-school programs to the greatest number of high-risk youth in the state; and

Whereas, On April 10, 2003, the Michigan House of Representatives, knowing the value of after-school programs, adopted House Resolution No. 26. This resolution created the "Michigan After-School Initiative" task force to assess the status of after-school programming in Michigan and develop a plan to ensure access to after-school programs for every school-age child in Michigan; and

Whereas, 21st Century Community Learning Centers promote an active level of community partnership and collaboration among providers to best serve children; and

Whereas, Polls show that 92% of Americans believe there should be organized activities for children and teens during after-school hours; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to restore funding for the 21st Century Community Learning Centers program to eliminate the proposed $400 million cut. We urge that money under this program be distributed to states to administer the grant to enhance learning opportunities in a safe place for children and youth; and be it further

Resolved, That copies of this resolution be transmitted to 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 Education.

The motion prevailed.

Senators Clark-Coleman, Garcia, Allen, Clarke and Cassis were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Van Woerkom, Thomas, Kuipers, Allen, Garcia and Birkholz introduced

Senate Bill No. 532, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8901 (MCL 324.8901) and by adding sections 8905d and 8905e.

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

Senators Van Woerkom, Thomas, Kuipers, Allen, Garcia and Birkholz introduced

Senate Bill No. 533, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8831 (MCL 600.8831), as added by 1995 PA 54.

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

Senator Emerson introduced

Senate Bill No. 534, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 10 (MCL 224.10), as amended by 1989 PA 251.

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

Senators Birkholz, Cassis, Sanborn and Allen introduced

Senate Bill No. 535, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80115 (MCL 324.80115), as added by 1995 PA 58, and by adding section 80124b.

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

Senators Allen, Cassis, Birkholz and Sanborn introduced

Senate Bill No. 536, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124a.

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

Committee Reports

The Committee on Finance reported

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.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus and Brater

Nays: Senator Thomas

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

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).

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.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

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

The Committee on Finance reported

House Bill No. 4558, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 22 (MCL 206.22), as amended by 1996 PA 484.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4559, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 26 (MCL 206.26).

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4560, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 315 (MCL 206.315).

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4561, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 351 (MCL 206.351), as amended by 1996 PA 264.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus and Brater

Nays: Senator Thomas

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4562, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 355 (MCL 206.355), as amended by 1991 PA 82.

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.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus and Brater

Nays: Senator Thomas

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

The Committee on Finance reported

House Bill No. 4563, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 365 (MCL 206.365), as amended by 1996 PA 448.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4564, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 451 (MCL 206.451), as amended by 2002 PA 581.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4565, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 12 (MCL 206.12), as amended by 1996 PA 484.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4567, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 27a (MCL 205.27a), as amended by 2002 PA 657.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4568, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 15 (MCL 205.65), as amended by 2002 PA 579.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4569, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 6 (MCL 205.96), as amended by 1998 PA 266.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Garcia, McManus, Thomas and Brater

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, May 28, 2003, at 2:17 p.m., Room 110, Farnum Building

Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater

The Committee on Agriculture, Forestry and Tourism reported:

House Bill No. 4310, entitled

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

With the recommendation that the bill pass

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture, Forestry and Tourism reported:

House Bill No. 4083, entitled

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

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

1. Amend page 2, line 17, by striking out "36111(2)" and inserting "36111(2)(a)".

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

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

The Committee on Agriculture, Forestry and Tourism reported:

House Concurrent Resolution No. 9.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide for tariff rate quotas to deal with the importation of dry milk protein concentrates.

(For text of the resolution, see Senate Journal No. 35, p. 405.)

With the recommendation that the concurrent resolution be adopted.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Agriculture, Forestry and Tourism reported:

House Concurrent Resolution No. 10.

A concurrent resolution to urge the United States Customs Service to work for greater enforcement of food safety standards by reconsidering the classification of dairy products, especially those containing milk protein concentrates.

(For text of the resolution, see Senate Journal No. 35, p. 406.)

With the recommendation that the concurrent resolution be adopted.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Agriculture, Forestry and Tourism reported:

House Concurrent Resolution No. 11.

A concurrent resolution to memorialize the Congress of the United States to enact legislation that will address the issue of the improper labeling and classification of dairy products.

(For text of the resolution, see Senate Journal No. 35, p. 406.)

With the recommendation that the concurrent resolution be adopted.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, May 29, 2003, at 9:00 a.m., Room 110, Farnum Building

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

The Committee on Local, Urban and State Affairs reported

Senate Bill No. 512, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending the title and sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, and 24 (MCL 328.211, 328.213, 328.214, 328.215, 328.216, 328.217, 328.218, 328.219, 328.220, 328.221, 328.222, 328.223, 328.224, 328.225, 328.226, 328.228, 328.229, 328.230, 328.231, 328.232, 328.233, and 328.234), section 19 as amended by 2002 PA 325, and by adding sections 12a and 12b.

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, 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. 513, entitled

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, 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, May 29, 2003, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Toy (C), Birkholz, Basham and Bernero

Excused: Senator Goschka

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, May 22, 2003, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, May 28, 2003, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)

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

Excused: Senator Bernero

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, May 28, 2003, at 3:00 p.m., Rooms 402 and 403, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Environmental Quality submitted the following:

Meeting held on Wednesday, May 28, 2003, at 4:45 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus (C) and Goschka

Excused: Senator Barcia

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture submitted the following:

Meeting held on Thursday, May 29, 2003, at 11:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Brown (C), Jelinek and Barcia

COMMITTEE ATTENDANCE REPORT

The Committee on Banking and Financial Institutions submitted the following:

Meeting held on Thursday, May 29, 2003, at 12:00 noon, Room 100, Farnum Building

Present: Senators Bishop (C), Van Woerkom, Sanborn and Olshove

Excused: Senators Stamas and Clark-Coleman

Absent: Senator Leland

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, May 29, 2003, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Friday, May 30, 2003, at 10:00 a.m., Alma College, Tyler-Van Dusen Student Center, Jones Auditorium, 614 West Superior Street, Alma

Present: Senators Goschka (C) and Prusi

Excused: Senators Johnson, Hardiman and Cherry

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, June 5, 9:00 a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, June 4, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittees -

Commerce, Labor and Economic Development - Wednesday, June 4, 3:30 p.m. or immediately following Senate Appropriations Committee meeting, Room 405, Capitol Building (373-2420)

Community Colleges - Wednesday, June 4, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Community Health Department - Thursday, June 5, 3:00 p.m., Room 210, Farnum Building (373-7946)

Environmental Quality Department - Wednesday, June 4, 3:00 p.m. or immediately following Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

General Government - Wednesday, June 4, 1:30 p.m., Room 404, Capitol Building (373-2420)

Higher Education - Wednesday, June 4, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

K-12, School Aid, Education - Thursday, June 5, 1:00 p.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Transportation Department - Tuesday, June 10, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Banking and Financial Institutions - Thursday, June 5, 12:00 noon, Room 100, Farnum Building (373-2417)

Business Competitiveness Joint Select Committee (SCR 3) - Monday, June 9, 10:30 a.m., City Council Chambers, 147 Wabash, Milan (373-7670)

Commerce and Labor - Wednesday, June 4, 2:00 p.m., Room 405, Capitol Building (373-2413)

Economic Development, Small Business and Regulatory Reform - Wednesday, June 4, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

Education, Joint Senate and House - Thursday, June 5, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-6920)

Families and Human Services - Thursday, June 5, 8:30 a.m., Room 210, Farnum Building (373-1801)

Finance - Wednesday, June 4, 1:00 p.m., Room 110, Farnum Building (373-1758)

Health Policy - Wednesday, June 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)

Technology and Energy - Wednesday, June 4, 3:00 p.m., Room 210, Farnum Building (373-7350)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:15 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, June 4, 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--excused
Clark-Coleman--present	Kuipers--present	Toy--present
Clarke--present	Leland--present	Van Woerkom--present

Allen	Clark-Coleman	Hardiman	Prusi
Barcia	Clarke	Jacobs	Sanborn
Basham	Cropsey	Jelinek	Schauer
Bernero	Emerson	Johnson	Scott
Birkholz	Garcia	Kuipers	Sikkema
Bishop	George	Leland	Stamas
Brater	Gilbert	McManus	Switalski
Brown	Goschka	Olshove	Toy
Cassis	Hammerstrom	Patterson	Van Woerkom