No. 58

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Thursday, June 12, 2003.

 

10:00 a.m.

 

The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

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

Cropsey--present McManus--present

 

 

Reverend Dee Dee Coleman of Russell Street Baptist Church of Detroit offered the following invocation:

Unless the Lord builds the house, they that labor, labor in vain. Unless the Lord watches the cities, they that watch, watch in vain. O Lord our God, how excellent is Thy name in all the earth. O Lord our God, how marvelous is Thy grace. We've come, O God, not because we've been so good or so kind, but we've come because You have been kind to us. And we've come to thank You for this day, the day that You have made. We've come asking that You would bless this Senate on this day. Bless their hearts and their hands. Bless them, O God, as they labor in Your work. Bless these servants You have put in this place, O God. We have business to take care of--the homeless, the sick, the destitute, and the lonely--O God.

Help us, O God, to do Thy will, and we will ever give You the praise, the honor, and the glory that is rightfully Yours. O Lord our God, how excellent is Thy name. In Your name, we give thanks and praise. Amen.

 

The Assistant President pro tempore, Senator Sanborn, led the members of the Senate in recital of the Pledge of Allegiance.

 

 

Motions and Communications

 

 

Senator Hammerstrom moved that Senators Brown, Garcia and Goschka be temporarily excused from today's session.

The motion prevailed.

 

Senator Schauer moved that Senators Basham and Brater be temporarily excused from today's session.

The motion prevailed.

 

Senators Emerson, Thomas, Garcia, Goschka, Basham, Brown and Brater entered the Senate Chamber.

 

 

The following communication was received:

Department of Consumer and Industry Services

June 9, 2003

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

 

Type of ReportFacilityReport #License #

Special Investigation Report Adrian Training School 2003C0212033 CS460200931

 

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

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

Sincerely,

Allan R. Pohl

Acting Director

Finance and Administrative Services

The communication was referred to the Secretary for record.

 

 

The following communications were received and read:

Office of Senator Sikkema

June 10, 2003

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Banking and Financial Institutions Committee hold a hearing on the appointment of Linda Watters to Commissioner of the Office of Financial and Insurance Services and make a written recommendation to the Government Operations Committee on this appointment.

 

 

June 10, 2003

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Finance Committee hold a hearing on the appointment of Robert Naftaly to the State Tax Commission and make a written recommendation to the Government Operations Committee on this appointment.

June 10, 2003

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Senior Citizens and Veterans Affairs Committee hold a hearing on the appointment of Sharon Gire to Director, Office of Services to the Aging, and make a written recommendation to the Government Operations Committee on this appointment.

Sincerely,

Senator Ken Sikkema

Chairman, Senate Government Operations Committee

The communications were referred to the Secretary for record.

 

 

The following communications were received and read:

Office of the Senate Majority Leader

June 11, 2003

Pursuant to Joint Rule 3(a), I have made the following appointments to the Conference Committee on Senate Bill 234 and Senate Bill 460:

Senator Bev Hammerstrom

Senator Bruce Patterson

Senator Gilda Jacobs

 

 

June 11, 2003

Pursuant to Joint Rule 3(a), I have made the following appointments to the Conference Committee on Senate Bill 293:

Senator Alan Cropsey

Senator Mike Bishop

Senator Mark Schauer

Respectfully yours,

Ken Sikkema

Senate Majority Leader

The communications were referred to the Secretary for record.

 

 

The Secretary announced that the following bills were available at the legislative Web site on Wednesday, June 11:
Senate Bill Nos.562563564565566567569570571572573574575576
586
House Bill Nos.48124813481448154816481748184819482048214822482348244825
482648274828

 

By unanimous consent the Senate proceeded to the order of

Messages from the House

 

 

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

Senate Bill No. 239

Senate Bill No. 395

House Bill No. 4238

Senate Bill No. 236

Senate Bill No. 237

Senate Bill No. 238

The motion prevailed.

 

 

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.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 206 Yeas--28

 

 
AllenGarciaJelinekSanborn
BarciaGeorgeJohnsonSchauer
BirkholzGilbertKuipersSikkema
BishopGoschkaMcManusStamas
BrownHammerstromOlshoveSwitalski
CassisHardimanPattersonToy
CropseyJacobsPrusiVan Woerkom

 

 

Nays--10

 

 
BashamCherryEmersonScott
BerneroClark-ColemanLelandThomas
BraterClarke

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

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 the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

 

 

Protests

 

 

Senators Thomas, Clark-Coleman and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 364.

Senators Thomas and Clark-Coleman moved that the statements they made during the discussion of the bill be printed as their reasons for voting "no."

The motion prevailed.

Senator Thomas' first statement is as follows:

I actually, unfortunately, would rise to ask for a non-concurrence. I can't support this legislation. I represent a school district that doesn't have an elected school board. I appreciate the flexibility that districts have and the belief that, in fact, if citizens don't want a four-day week, they would tell their school board that they're not going to go there. In my district, if, in fact, the school board decides to go to a four-day week, I have absolutely no recourse for that because I have no say-so over anything associated with my school board there.

So I think that you're potentially opening up a Pandora's box here. I just don't think that we've really looked at all of the implications for this legislation. So I would hope that we would take a little more time on this and work through that issue that deals with districts that are under control of reform boards that are appointed by state government. Absent that, the local control issue that we speak of is completely irrelevant. I have no local control in my district over my school system, and so I think the unintended consequence here is potentially very, very damaging for cities like Detroit.

 

Senator Thomas' second statement is as follows:

I completely agree with the notion that the flexibility needed for some northern Michigan districts is important. It makes a lot of sense. But, again, the reality is this: Should my school district voluntarily do this, I, as a citizen, have absolutely no way to say I disapprove because I have absolutely, as a citizen of Detroit, no right to vote on any decision of a school board in the city of Detroit. So, again, it's a great flexibility issue for districts that have elected school boards. I don't have that opportunity in the city of Detroit, and therefore, whether they voluntarily choose or not is irrelevant. It's a unilateral decision in Detroit made by seven people, period, not by the nearly one million people who actually live there.

 

Senator Clark-Coleman's statement, in which Senator Scott concurred, is as follows:

I had not--and I have to certainly say--thought how this would impact on districts that have no elected school board. We don't, and I have to certainly take my hat off to Senator Thomas for bringing to my attention that we do not have an elected school board. This selected school board might very well make a decision to go to a four-day school week, which will impact my district in that it would put many parents at disadvantages for now having to go out and find some place to house their students on the fifth day. That would cause a serious problem for many of the urban school districts, and the only one that I could think of that it would impact on would certainly be the city of Detroit. So although I supported this bill before, I hadn't thought about the consequences and how it would impact my city because we do not have an elected school board. So based on that, I will certainly have to vote "no" on this.

 

 

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

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

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

 

 

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.

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

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

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

 

 

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. 516

Senate Bill No. 485

House Bill No. 4270

Senate Bill No. 462

Senate Bill No. 463

Senate Bill No. 360

Senate Bill No. 361

Senate Bill No. 386

Senate Bill No. 390

Senate Bill No. 480

House Bill No. 4356

Senate Bill No. 554

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 516, entitled

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

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. 207 Yeas--38

 

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

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 485, entitled

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

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. 208 Yeas--38

 

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

 

 

Nays--0

 

 

Excused--0

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4270, entitled

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

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. 209 Yeas--38

 

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

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

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

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

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

"An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 462, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312b, 312c, 811a, and 811b (MCL 257.312b, 257.312c, 257.811a, and 257.811b), section 312b as amended by 2000 PA 456, section 312c as amended by 1996 PA 345, section 811a as amended by 1992 PA 59, and section 811b as added by 1987 PA 85.

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. 210 Yeas--38

 

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

 

 

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 463, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 2 (MCL 28.292), as amended by 2002 PA 553.

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. 211 Yeas--33

 

 
AllenClark-ColemanHardimanSchauer
BarciaClarkeJacobsScott
BashamCropseyJelinekSikkema
BerneroGarciaJohnsonStamas
BirkholzGeorgeLelandSwitalski
BraterGilbertMcManusThomas
BrownGoschkaOlshoveToy
CassisHammerstromPrusiVan Woerkom

Cherry

Nays--4

 

 

Bishop Kuipers Patterson Sanborn

 

 

Excused--0

 

 

Not Voting--1

 

 

Emerson

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 360, entitled

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

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. 212 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

 

 

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 361, entitled

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

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. 213 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

 

 

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 386, entitled

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

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. 214 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

 

 

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 390, entitled

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

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. 215 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

 

 

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 480, entitled

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

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. 216 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

 

 

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

House Bill No. 4356, entitled

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

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. 217 Yeas--38

 

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

Nays--0

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

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

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

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

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The Senate agreed to the full title.

 

 

The following bill was read a third time:

Senate Bill No. 554, entitled

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

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. 218 Yeas--36

 

 
AllenCherryHammerstromPrusi
BarciaClark-ColemanHardimanSchauer
BashamClarkeJacobsScott
BerneroCropseyJelinekSikkema
BirkholzEmersonJohnsonStamas
BishopGarciaLelandSwitalski
BraterGeorgeMcManusThomas
BrownGilbertOlshoveToy
CassisGoschkaPattersonVan Woerkom

Nays--2

 

 

Kuipers Sanborn

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: Sanborn

 

 

The Senate agreed to the title of the bill.

 

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. 109

The resolution consent calendar was adopted.

 

Senators Bernero, Clark-Coleman, Emerson, Basham, Jacobs, George, Toy, Thomas, Hardiman, Clarke, Schauer and Scott offered the following resolution:

Senate Resolution No. 109.

A resolution honoring Lansing's 10th Annual Juneteenth Celebration and Festival 2003.

Whereas, It is a privilege to participate in Lansing's 10th Annual Juneteenth Celebration and Festival 2003, where people of all races, nationalities, and religions acknowledge the tremendous impact this period in our history has had on society. African American Emancipation Day, June 19, marks the oldest known celebration of the end of slavery in America. Major General Gordon Granger led a thousand Union soldiers to Galveston, Texas, in 1865 to inform residents that the war had ended and read General Order Number 3 which declared that the enslaved were free. Juneteenth became a time to honor African American freedom and to stress the importance of education, achievement, and self-improvement; and

Whereas, On January 1, 1980, Juneteenth was designated as an official state holiday in Texas, becoming the first emancipation celebration in history to have state recognition. Representative Al Edwards of Texas has worked actively to spread the observation of this distinguished holiday across America. His immense efforts have yielded great success, and there has been a growing interest in this celebration in recent years. Today, institutions, including the Smithsonian and the Henry Ford Museum, have begun to sponsor Juneteenth-inspired activities; and

Whereas, Juneteenth provides people with the opportunity to pay tribute to those who experienced the horrors of slavery. It is a time of reflection and remembrance. This special event is filled with stimulating guest speakers, prayer services, picnics, and family gatherings. Barbeques are also synonymous with Juneteenth because participants can share in the spirit their ancestors experienced many years ago during their celebrations; and

Whereas, Regardless of how Juneteenth is celebrated, its participants have a common goal to encourage and cultivate knowledge and appreciation of African American history and culture. Unquestionably, Juneteenth has significantly influenced American society. Future generations will continue to learn about and honor those who lived through slavery and liberation; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate Lansing's 10th Annual Juneteenth Celebration and Festival 2003 and commend the Juneteenth Day Committee and Mask Memorial C.M.E. Church for their tremendous contributions which have made this event possible; and be it further

Resolved, That a copy of this resolution be transmitted to the Juneteenth Day Committee and the Mask Memorial C.M.E. Church.

Senators Cropsey, Kuipers, Switalski and Van Woerkom were named co-sponsors of the resolution.

Introduction and Referral of Bills

 

 

Senators Sanborn and McManus introduced

Senate Bill No. 587, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

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

 

 

Senator Johnson introduced

Senate Bill No. 588, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006), as amended by 2002 PA 316.

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

 

 

Senator Emerson introduced

Senate Bill No. 589, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2002 PA 562.

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

 

 

Senators Garcia, Johnson, Switalski and McManus introduced

Senate Bill No. 590, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 11 and 23 (MCL 432.11 and 432.23), as amended by 1996 PA 167.

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

 

 

Committee Reports

 

 

The Committee on Transportation reported

Senate Bill No. 464, entitled

A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 2 (MCL 254.312).

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.

Judson Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers and Goschka

Nays: Senators Leland and Basham

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

The Committee on Transportation reported

Senate Bill No. 465, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11 (MCL 247.661), as amended by 2002 PA 639.

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

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

Judson Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers and Goschka

Nays: Senators Leland and Basham

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

 

 

The Committee on Transportation reported

Senate Bill No. 466, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending section 163 (MCL 207.1163).

With the recommendation that the bill pass.

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

Judson Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers and Goschka

Nays: Senators Leland and Basham

The bill was referred to the Committee of the Whole.

 

 

The Committee on Transportation reported

Senate Bill No. 467, entitled

A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 12 (MCL 254.322).

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.

Judson Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers, Goschka, Leland and Basham

Nays: None

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

 

 

The Committee on Transportation reported

Senate Bill No. 468, entitled

A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 7 (MCL 254.317).

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.

Judson Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers and Goschka

Nays: Senators Leland and Basham

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Transportation submitted the following:

Meeting held on Tuesday, June 10, 2003, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Kuipers, Goschka, Leland and Basham

 

 

The Committee on Judiciary reported

House Bill No. 4145, entitled

A bill to enter into the interstate compact for the supervision or return of certain juveniles, delinquents, and status offenders and for related purposes; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Schauer, Bernero and Brater

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, June 10, 2003, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Bernero and Brater

 

 

The Committee on Appropriations reported

Senate Bill No. 539, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2000 PA 188.

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, 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

House Bill No. 4393, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; 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, Garcia, Cropsey, Jelinek, McManus, Hardiman and George

Nays: None

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

 

 

The Committee on Appropriations reported

House Bill No. 4400, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; 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, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, 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

House Bill No. 4390, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain 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, 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

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.

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, 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 Tuesday, June 10, 2003, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

Excused: Senator Prusi

 

 

The Committee on Natural Resources and Environmental Affairs reported

House Bill No. 4408, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82101 (MCL 324.82101), as amended by 1997 PA 102.

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.

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Patterson, Van Woerkom, Brater and Basham

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 Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, June 10, 2003, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

 

 

The Committee on Finance reported

Senate Bill No. 520, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc and 53b (MCL 211.7cc and 211.53b), as amended by 2002 PA 624.

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.

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

Senate Bill No. 586, 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 appeal of taxes and tax liability; to prescribe its powers and duties if an agreement to act as an agent for a city to administer, collect, and enforce the city income tax on behalf of a city in entered into with any city; to provide an appropriation; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2002 PA 657.

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.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, June 11, 2003, at 1:08 p.m., Room 110, Farnum Building

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

 

 

Scheduled Meetings

 

 

Appropriations -

Subcommittee -

Capital Outlay - Thursday, June 19, 8:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2523)

 

Finance - Thursday, June 19, 8:30 a.m., Room 405, Capitol Building (373-1758)

 

Senior Citizens and Veterans Affairs - Wednesday, June 18, 9:00 a.m., Room 110, Farnum Building (373-1707)

 

 

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:58 a.m.

 

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Tuesday, June 17, 2003, at 10:00 a.m.

 

 

CAROL MOREY VIVENTI

Secretary of the Senate