No. 103
STATE OF MICHIGAN
Journal of the Senate
92nd Legislature
REGULAR SESSION OF 2003
Senate Chamber, Lansing, Thursday, December 11, 2003.
10:00a.m.
The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Allen--present Emerson--present Olshove--present
Barcia--present Garcia--present Patterson--present
Basham--present George--present Prusi--present
Bernero--present Gilbert--present Sanborn--present
Birkholz--present Goschka--present Schauer--present
Bishop--present Hammerstrom--present Scott--present
Brater--present Hardiman--present Sikkema--present
Brown--present Jacobs--present Stamas--present
Cassis--present Jelinek--present Switalski--present
Cherry--present Johnson--present Thomas--present
Clark-Coleman--present Kuipers--present Toy--present
Clarke--present Leland--present Van Woerkom--present
Cropsey--present McManus--present
Senator Cameron Brown of the 16th District offered the following invocation:
Thank you, Father, for the privilege of serving the people of this state. May we do so in a way that brings You glory and honor. We pray that Your Holy Spirit will envelop this chamber, granting us wisdom and patience for the hour. May the truth of who You are sink deep into our hearts so that we may come to know You, not just know about You. Grant protection to our soldiers in the field and for our President and Governor. We ask for Your richest blessings.
All this we pray in the name of the one who is called Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Schauer moved that Senator Leland be temporarily excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Kuipers admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04a.m.
10:10a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senator Kuipers introduced to the Senate the Holland Christian High School Boys' Varsity Soccer Team, Division 2 State Champions, and presented them with a Special Tribute.
Coach Jack Heyboer and Senator Birkholz responded briefly.
During the recess, Senator Leland entered the Senate Chamber.
Senator Hammerstrom moved that the rules be suspended and that the following appointments, now on Committee Reports, be placed on the order of Messages from the Governor for consideration today:
Michigan State Waterways Commission
Ms.Janet M. Mansfield of 4991 French Road, Alpena, Michigan 49707, county of Alpena, succeeding Robert G. Spicer, whose term has expired, representing persons north of townline 16 in the Lower Peninsula, for a term commencing October 15, 2003 and expiring September 18, 2006.
Ms.Carol B. Oakley of 3389 Middlefield Drive, Trenton, Michigan 48183, county of Wayne, succeeding Jon G. VanderMolen, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
Mr.Curtis A. Hertel, Sr., of 1464 Blairmoor Court, Grosse Pointe Woods, Michigan 48236, county of Wayne, succeeding E. Peter Beauregard, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No.672
Senate Bill No.673
Senate Bill No.881
House Bill No.4820
Senate Bill No.877
House Bill No.4822
House Bill No.4823
House Bill No.4824
House Bill No.4825
House Bill No.4826
House Bill No.4827
House Bill No.4828
House Bill No.4367
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received:
Lake Superior State University
December 11, 2003
The Annual Financial Report for Lake Superior State University has been completed. The report will not be printed for distribution this year, as has been the practice in the past. However, the report may be viewed and printed for your use at the following website: www.lssu.edu/busoff/financialstatements.
Should you have any questions, please feel free to contact me directly at 906-635-2216.
Respectfully,
Joseph F. Herbig
Director of Business Operations
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 10:
House Bill Nos. 4308 5009 5074 5154 5333
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 11:
House Bill Nos. 4927 5139 5234 5246 5254 5255 5280 5322 5344
The Secretary announced that the following bills were available at the legislative Web site on Wednesday, December 10:
Senate Bill Nos. 882 883 884
House Bill Nos. 5357 5358 5359 5360 5361 5362
Messages from the Governor
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.195
Senate Bill No.364
Senate Bill No.293
Senate Bill No.265
Senate Bill No.288
Senate Bill No.540
Senate Bill No.283
Senate Bill No.464
Senate Bill No.466
Senate Bill No.395
Senate Bill No.687
The motion prevailed.
The following message from the Governor was received on December 10, 2003, and read:
EXECUTIVE ORDER
No.2003-23
Implementation of Expenditure Reductions Under
Section 20 of Article V of the Michigan Constitution of 1963
Whereas, under Section 20 of Article V of the Michigan Constitution of 1963 no appropriation is a mandate to spend, and the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law;
Whereas, it appears that actual revenues for the fiscal period beginning on October 1, 2003 and ending on September 30, 2004, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963;
Whereas, pursuant to Section 391 of the Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenue will fall below such revenue estimates;
Whereas, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year;
Whereas, expenditure reductions totaling $231,930,172.00 general fund-general purpose and $147,899,300.00 special purpose funds are necessary;
Now, Therefore, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the authority vested in me by the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriations committee, order the following reductions:
A. Portions of general fund-general purpose appropriations amounting to $200,937,582.00 contained in the following public acts are hereby reduced. Where the expenditure reductions of general fund-general purpose appropriations in this order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.
Reduction
Public ActDepartmentAmount
2003 PA 157 Agriculture 1,119,800
2003 PA 161 Attorney General 750,000
2003 PA 193 Capital Outlay 29,000,000
2003 PA 169 Career Development 371,726
2003 PA 161 Civil Rights 463,042
2003 PA 161 Civil Service 220,063
2003 PA 146 Community Colleges 12,434,500
2003 PA 159 Community Health 5,090,400
2003 PA 167 Consumer and Industry Services 704,382
2003 PA 154 Corrections 6,044,819
2003 PA 145 Education 332,800
2003 PA 171 Environmental Quality 3,135,525
2003 PA 172 Family Independence Agency 32,260,400
2003 PA 144 Higher Education 73,172,000
2003 PA 160 History, Arts and Libraries 583,100
2003 PA 161 Management and Budget 500,000
2003 PA 169 Michigan Strategic Fund 2,175,791
2003 PA 156 Military and Veterans Affairs 970,000
2003 PA 147 Natural Resources 712,000
2003 PA 161 State 288,249
2003 PA 149 State Police 12,876,271
2003 PA 161 Treasury 17,732,714
__________
200,937,582
The Department of Information Technology shall reduce user charges to state agencies consistent with reductions in appropriations for information technology services and projects contained in Section B.
B. The reduction totals for the departments and agencies in Section A include the following appropriation items or are predicated upon the following actions:
1. Department of Agriculture
Appropriation Item Reduction
Number Amount
01005 Commissions and boards 10,000
01070 Executive direction 85,000
01210 Management services 115,433
01250 Agriculture development, marketing and emergency management 120,200
02205 Pesticide and plant pest management 312,918
02320 Animal health and welfare 91,783
02490 Food safety and quality assurance 67,133
02530 Laboratory analysis program 86,433
03120 Environmental stewardship 170,000
03908 Local conservation districts 60,900
__________
1,119,800
The amount in Section 604(a) of 2003 PA 157 for Local Conservation District training is reduced to $20,300.00.
2. Department of Attorney General
Appropriation Item Reduction
Number Amount
01040 Attorney general operations 722,100
05000 Prosecuting attorneys coordinating council 27,900
__________
750,000
The amount in Section 307(3) of 2003 PA 161 for carryforward of unexpended funds is reduced to $200,000.00.
3. Capital Outlay
Appropriation Item Reduction
Number Amount
01738 State building authority rent - state agencies 13,342,700
01739 State building authority rent - department of corrections 7,118,900
01737 State building authority rent - universities 8,538,400
__________
29,000,000
4. Department of Career Development
Appropriation Item Reduction
Number Amount
03001 Administration 61,533
03012 Workers' compensation 2,309
09520 Employment training services 218,378
09502 Michigan career and technical institute 34,966
07303 Career and technical education 20,344
07301 Postsecondary education 21,355
07302 Adult education 5,429
07304 Commission on Spanish-speaking affairs 7,412
__________
371,726
Expenditure reductions for the Department of Career Development include reductions for functions and programs transferred to the Department of Labor and Economic Growth effective December 7, 2003, pursuant to Executive Order 2003-18.
5. Department of Civil Rights
Appropriation Item Reduction
Number Amount
01000 Civil rights operations 463,042
__________
463,042
6. Department of Civil Service
Appropriation Item Reduction
Number Amount
19200 Agency services 150,000
19300 Human resources/administrative support 70,063
__________
220,063
7. Community Colleges
Appropriation Item Reduction
Number Amount
07600 Alpena Community College 215,900
07605 Bay de Noc Community College 208,700
07610 Delta College 583,800
07620 Glen Oaks Community College 98,000
07625 Gogebic Community College 178,600
07630 Grand Rapids Community College 734,400
07635 Henry Ford Community College 895,000
07645 Jackson Community College 495,400
07650 Kalamazoo Valley Community College 505,500
07655 Kellogg Community College 397,100
07660 Kirtland Community College 120,500
07665 Lake Michigan College 213,700
07670 Lansing Community College 1,269,900
07675 Macomb Community College 1,355,000
07680 Mid Michigan Community College 180,800
07685 Monroe County Community College 175,900
07690 Montcalm Community College 127,200
07615 C.S. Mott Community College 642,100
07695 Muskegon Community College 365,400
07700 North Central Michigan College 123,800
07705 Northwestern Michigan College 372,800
07710 Oakland Community College 854,800
07715 St. Clair County Community College 286,300
07720 Schoolcraft College 501,700
07725 Southwestern Michigan College 269,300
07730 Washtenaw Community College 509,900
07735 Wayne County Community College 659,100
07740 West Shore Community College 93,900
__________
12,434,500
8. Department of Community Health
Appropriation Item Reduction
Number Amount
01191 Departmental administration and management 373,500
01130 Mental health/substance abuse program administration 429,500
11230 Executive administration 30,000
11254 Vital records and health statistics 9,800
16753 Sexually transmitted disease control management and field support 58,300
16230 Laboratory services 86,500
15155 Epidemiology administration 11,500
14230 Community living, children, and families administration 67,200
14330 Children's special health care services administration 15,600
22100 Drug control policy 38,500
46502 Office of services to aging administration 34,800
34010 Medical services administration 499,800
51601 Grants administration services 414,500
33550 Health plan services 1,000,000
04000 Center for forensic psychiatry 200,000
02999 Civil service charges 300,000
01755 Closed site, transition, and related costs 500,000
11232 Workers' compensation program 1,000,000
01061 Community health advisory council 20,900
__________
5,090,400
9. Department of Consumer and Industry Services
Appropriation Item Reduction
Number Amount
06001 Adult foster care, children's welfare and day care licensure 354,382
17001 Operations 350,000
__________
704,382
Expenditure reductions for the Department of Consumer and Industry Services include reductions for functions and programs transferred to the Department of Labor and Economic Growth and the Family Independence Agency effective December 7, 2003, pursuant to Executive Order 2003-18.
10. Department of Corrections
Appropriation Item Reduction
Number Amount
01070 Human resources 224,400
10370 DOJ, psychiatric plan - MDCH mental health services 1,150,000
10366 DOJ, psychiatric plan - MDOC staff and services 1,100,000
16381 Hospital and specialty care services 700,000
17530 Southeastern region clinical complexes 500,000
17520 Southwestern region clinical complexes 250,000
46002 Alger maximum correctional facility - Munising 1,900
47002 Baraga maximum correctional facility - Baraga 8,000
49002 Chippewa correctional facility - Kincheloe 131,619
50002 Kinross correctional facility - Kincheloe 13,300
54002 Newberry correctional facility - Newberry 200
52002 Oaks correctional facility - Eastlake 13,200
55002 Ojibway correctional facility - Marenisco 2,700
56002 Pugsley correctional facility - Kinglsey 9,900
53002 Standish maximum correctional facility - Standish 5,400
35002 Cooper Street correctional facility - Jackson 400
79002 Gus Harrison correctional facility - Adrian 284,147
80002 Thumb correctional facility - Lapeer 1,024,500
48002 Carson City correctional facility - Carson City 50,600
76002 Florence Crane correctional facility - Coldwater 5,600
63002 Deerfield correctional facility - Ionia 1,300
64002 Riverside correctional facility - Ionia 502,719
69002 St. Louis correctional facility - St. Louis 64,934
__________
6,044,819
11. Department of Education
Appropriation Item Reduction
Number Amount
03801 Information technology operations 42,800
04801 School excellence operations 221,000
07501 Government services operations 49,900
07601 Safe schools operations 19,100
__________
332,800
12. Department of Environmental Quality
Appropriation Item Reduction
Number Amount
01345 Building occupancy charges 1,907,125
01346 Rent-privately owned property 128,400
01150 Information technology services and projects 1,100,000
__________
3,135,525
13. Family Independence Agency
Appropriation Item Reduction
Number Amount
11010 Salaries and wages 130,200
11040 Contractual services, supplies, and materials 157,500
11110 Commission on disability concerns 14,700
11210 Commission for the blind 7,700
11220 Youth low-vision program 18,200
11350 Demonstration projects 72,900
11820 Other unclassified salaries 11,000
12050 Travel 40,800
12060 Equipment 325,800
12070 Rent 118,000
12080 Payroll taxes and fringe benefits 144,800
12250 Grand tower facility reimbursement 426,600
14100 Disability determination operations 35,300
14200 Medical consultation program 110,400
16100 Information technology services and projects 250,000
16500 Child support automation 11,600,000
32550 Day care services 11,000,000
32580 State supplementation administration 131,000
47400 Juvenile justice operations 3,278,000
47700 Juvenile accountability incentive block grant 4,500
47800 Committee on juvenile justice administration 13,800
62040 Contractual services, supplies, and materials 612,500
62510 Volunteer services and reimbursement 63,000
62610 Field staff, salaries and wages 2,142,100
72040 Contractual services, supplies, and materials 26,600
72260 Family preservation and prevention services 2,100
72420 Youth in transition 72,700
72530 Child care fund administration 40,400
72540 Community support services 166,400
72760 Adoption support services 2,700
81010 Salaries and wages 167,300
81040 Contractual services, supplies, and materials 379,400
81550 Wage employment verification reporting 197,600
81700 Training and staff development 99,000
83100 Child support operations 328,700
83400 Child support distribution computer system 68,700
__________
32,260,400
Expenditure reductions for the Family Independence Agency include reductions for functions and programs transferred to the Department of Labor and Economic Growth effective December 7, 2003, pursuant to Executive Order 2003-18.
The amount in Section 657(3) of 2003 PA 172 for before-or-after-school pilot programs is reduced to $2,550,000.00.
14. Higher Education
Appropriation Item Reduction
Number Amount
01001 Central Michigan University 4,077,100
01501 Eastern Michigan University 3,943,700
02001 Ferris State University 2,498,400
02501 Grand Valley State University 2,954,300
04001 Lake Superior State University 642,100
03001 Michigan State University 14,669,200
03501 Michigan Technological University 2,485,900
04501 Northern Michigan University 2,340,600
03201 Oakland University 2,454,400
05001 Saginaw Valley State University 1,333,700
05501 University of Michigan - Ann Arbor 16,360,300
05801 University of Michigan - Dearborn 1,259,700
05701 University of Michigan - Flint 1,083,100
06501 Wayne State University 11,414,000
06001 Western Michigan University 5,655,500
__________
73,172,000
The amount in Section 401 of 2003 PA 144 is reduced to $5,434,400.00.
15. Department of History, Arts and Libraries
Appropriation Item Reduction
Number Amount
01100 Management services 25,000
05000 Information technology services and projects 99,000
03050 Library of Michigan operations 144,100
02001 Administration 31,300
04100 Historical administration and services 206,900
01400 Office of film and television services 5,000
07511 Mackinac Island state park operations 71,800
__________
583,100
The amount in Section 505 of 2003 PA 160 for historical administration and services is reduced to $49,700.00.
16. Department of Management and Budget
Appropriation Item Reduction
Number Amount
12000 Administrative services 201,400
14000 Office of the state employer 61,100
00005 Information technology services and projects 237,500
__________
500,000
The Department of Management and Budget shall reduce building occupancy general fund expenditures by $5,900,000.00. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2004.
17. Michigan Strategic Fund
Appropriation Item Reduction
Number Amount
01100 Job creation services 654,891
01000 Administration 1,520,900
__________
2,175,791
Expenditure reductions for the Michigan Strategic Fund include reductions for functions and programs transferredto the Department of Labor and Economic Growth effective December 7, 2003, pursuant to Executive Order 2003-18.
18. Department of Military and Veterans Affairs
Appropriation Item Reduction
Number Amount
03016 Special maintenance state 200,000
03500 Grand Rapids veterans' home 570,000
03700 D.J. Jacobetti veterans' home 200,000
__________
970,000
19. Department of Natural Resources
Appropriation Item Reduction
Number Amount
01001 Executive direction 25,000
01093 Unclassified salaries 22,100
01126 Human resources 56,900
01107 Office of financial services 150,000
01105 Program assistance and review 30,000
01104 Office of land and facilities 243,000
01103 Education and outreach 25,000
03116 General law enforcement 160,000
__________
712,000
20. Department of State
Appropriation Item Reduction
Number Amount
10920 Unclassified positions 5,000
19050 Customer services administration 42,221
19100 Branch operations 128,246
19200 Central records 30,429
45500 Information technology services and projects 82,353
__________
288,249
21. Department of State Police
Appropriation Item Reduction
Number Amount
11010 Executive direction 59,700
10950 Unclassified positions 20,000
51140 Fleet leasing 700,000
16010 Human resources 19,900
15010 Management services 32,600
22010 Training administration 55,800
37400 Communications 153,300
11210 State program planning and administration 10,071
41140 Traffic safety 17,600
42010 Laboratory operations 291,500
22210 Standards and training 18,100
27010 Fire marshal programs 176,500
28010 Emergency management planning and administration 36,700
32010 Uniform services 1,944,900
37100 Operational support 79,600
37300 Aviation program 39,800
34010 Criminal investigations 600,400
34160 Federal antidrug initiatives 9,900
36220 School bus inspection 9,900
32500 At-post troopers 8,600,000
__________
12,876,271
22. Department of Treasury
Appropriation Item Reduction
Number Amount
01301 Workers' compensation insurance premium 32,714
01314 Travel 300,000
01308 Rent and building occupancy charges 100,000
01800 Finance and accounting 300,000
08340 Clean Michigan initiative 17,000,000
__________
17,732,714
C. Portions of appropriations financed with special purpose revenue amounting to $147,899,300.00 contained in the following public acts are reduced as follows:
Reduction
Public ActDepartmentAmount
2003 PA 169 Career Development 6,000,000
2003 PA 145 Education 6,100,000
2003 PA 172 Family Independence Agency 773,500
2003 PA 144 Higher Education 63,000,000
2003 PA 161 Treasury 72,025,800
__________
147,899,300
D. The reduction totals for the departments and agencies in Section C include the following appropriation items or are predicated upon the following actions:
1. Career Development - Temporary Assistance for Needy Families - Federal Funds
Appropriation Item Reduction
Number Amount
08230 Welfare-to-work programs 5,000,000
__________
5,000,000
2. Career Development - Tobacco Settlement Trust Fund
Appropriation Item Reduction
Number Amount
08221 Council of Michigan foundations 1,000,000
__________
1,000,000
3. Education - Driver Fees Revenue
Appropriation Item Reduction
Number Amount
03652 Driver education 6,100,000
__________
6,100,000
4. Family Independence Agency - Child Support Enforcement System Penalty Refund Revenue
The amounts in Section 413 of 2003 PA 172 are reduced as follows:
Subsection (1)(a), community-based innovation grants is reduced to: 0
Subsection (1)(f), supervised parenting time centers is reduced to: 0
Subsection (1)(h), school-based demonstration project is reduced to: 0
Subsection (1)(i), at-risk males of color networks is reduced to: 0
Subsection (1)(o), teen pregnancy prevention project is reduced to: 0
5. Higher Education - Michigan Merit Award Trust Fund
Appropriation Item Reduction
Number Amount
80000 Michigan merit award program 63,000,000
__________
63,000,000
6. Treasury - Sales Tax Revenue
Appropriation Item Reduction
Number Amount
09466 Statutory state general revenue sharing grants 72,025,800
__________
72,025,800
E. The following general fund-general purpose amounts from work project or capital outlay accounts, totaling $30,992,590.00, are hereby reduced:
Appropriation Item Reduction
Number Amount
(Appropriation
Year)
74306 (AY 98) Capital Outlay: Major special maintenance and remodeling for
department of management and budget 6,322
74404 (AY 99) Capital Outlay: Major special maintenance and remodeling for
department of management and budget 448,534
74418 (AY 99) Capital Outlay: Major special maintenance of remodeling for
state agencies 8,929,381
74527 (AY 01) Capital Outlay: Major special maintenance and remodeling for
department of management and budget 2,844,000
29507 (AY 02) Department of Corrections: Capacity enhancements 7,300,984
19200 (AY 01) Department of State: Implementation of Uniform Commercial
Code standards 251,297
16500 (AY 03) Family Independence Agency: Child support automation 4,838,400
16250 (AY 03) Family Independence Agency: Data system enhancement 3,000,000
28180 (AY 01) Department of State Police: Grants for disaster assistance 1,676,572
09470 (AY 01) Department of Treasury: Tax increment finance authority 1,197,000
09470 (AY 02) Department of Treasury: Tax increment finance authority 500,100
__________
30,992,590
The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October1, 2003 and ending on September 30, 2004.
This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 391 of the Management and Budget Act, 1984 PA 431, MCL 18.1391.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of December, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Secretary for record.
The following message from the Governor was received on December 10, 2003, and read:
EXECUTIVE ORDER
2003-24
Michigan Mental Health Commission
Executive Office of the Governor
Whereas, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
Whereas, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special advisory bodies consisting of as many members as the Governor deems appropriate;
Whereas, Michigan's publicly-supported mental health system must be committed to providing adequate and appropriate mental health care, treatment, and support in an efficient, effective, and fiscally accountable manner;
Whereas, the consumers and families involved with, and most affected by, publicly-supported mental health programs and services must be included in the decision-making process;
Whereas, Michigan must move toward a more user-friendly mental health system that ensures timely access to care, fosters quality and excellence in service delivery, and promotes innovative and effective strategies to best serve adults and children with serious mental illness or emotional disturbances;
Whereas, the services provided by the publicly-supported mental health system should be culturally competent and responsive to consumer needs and preferences;
Whereas, the publicly-supported mental health system is currently at a crossroads, requiring the input of interested parties working together to address the challenges confronting the system;
Now, Therefore, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
1. "Commission" means the Michigan Mental Health Commission created under this Order.
2. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101.
II. MICHIGAN MENTAL HEALTH COMMISSION
A. The Michigan Mental Health Commission ("Commission") is created as an advisory body within the Executive Office of the Governor.
B. The Governor shall appoint 29 members to the Commission to serve as members of the Commission at the pleasure of the Governor.
C. In addition to the 29 members appointed under Section II.B, the Directors of the Department of Community Health, the Family Independence Agency and the Department of Corrections, or their designated representatives, shall serveas ex officio, non-voting members of the Commission. The Governor may appoint additional persons as non-voting members.
D. A vacancy on the Commission shall be filled in the same manner as the original appointment.
E. The Governor shall designate one of the members of the Commission to serve as its Chairperson at the pleasure of the Governor.
III. CHARGE TO THE COMMISSION
A. The Commission is advisory in nature and shall:
1. Identify and prioritize pressing issues and significant challenges that must be addressed to preserve and improve services for adults and children with serious mental illness or emotional disturbances.
2. Recommend options to improve the organization, delivery, quality, and effectiveness of publicly-supported mental health services.
3. Identify methods to enhance current state and county partnerships for planning, management, and delivery of mental health services
4. Assess opportunities for collaborative interagency and intergovernmental approaches to the provision of mental health care.
5. Identify methods designed to simplify access to care, promote effective service and support practices, improve care outcomes, and enhance consumer and family satisfaction.
6. Recommend approaches to improve federal, state, county, and community collaboration while increasing the efficiency and fiscal accountability of the publicly-supported mental health system.
7. Identify strategies and financing options for expanding prevention and early intervention efforts within the publicly-supported mental health system.
8. Provide recommendations on the best strategies to enhance public awareness and understanding of mental illness.
9. Identify strategies that will increase collaboration and communication between law enforcement, courts, corrections, community mental health programs, and public and private hospitals in most effectively meeting the needs of adults and children with serious mental illness or emotional disturbances.
10. Formulate policy and program recommendations to improve and promote community-based services and integration for adults and children with serious mental illness or emotional disturbances.
11. Develop a Michigan-specific plan to determine the most appropriate strategy for achieving mental health parity in this state.
B. In exercising its duties the Commission may:
1. Assess the most appropriate organizational framework for the delivery of publicly-supported mental health services in Michigan.
2. Review model legislation and studies on the effective delivery of publicly-supported mental health services and collect information on states that have developed innovative solutions and best practices for similar challenges.
3. Identify training and technological assistance needs related to the efficient management and delivery of services provided through the publicly-supported mental health system.
C. The Commission shall provide other information or advice as directed by the Governor or the Chairperson of the Commission.
D. The Commission shall complete its work and issue a final report and recommendations, including any proposed legislation, to the Governor not later than September 30, 2004.
IV. OPERATIONS OF THE COMMISSION
A. The Commission may promulgate bylaws, not inconsistent with Michigan law and this Order, governing its organization, operation, and procedures. The Commission may establish subcommittees as it deems advisable.
B. The Commission shall be staffed by personnel from and assisted by the Department of Community Health, as directed by the Governor or the Chairperson of the Commission.
C. The Chairperson of the Commission shall select from among the members of the Commission a Vice-Chairperson and a Secretary. Commission staff shall assist the Secretary with record-keeping responsibilities.
D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission.
E. The Commission may establish committees and request public participation on advisory panels as it deems necessary. The Commission may adopt, reject, or modify recommendations made by committees or advisory panels.
F. The Commission shall act by majority vote of its serving members. A majority of the members of the Commission constitutes a quorum for the transaction business.
G. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Commission may consult with outside experts, consumers, and their families in order to perform its duties.
H. Members of the Commission shall serve without compensation. Members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.
I. The Commission may hire or retain contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance ofits duties, as the Director of the Department of Community Health deems advisable and necessary in accordance with therelevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.
J. The Commission may accept donations of labor, services, or other things of value from any public or private agency or person.
K. Members of the Commission shall refer all legal, legislative, and media contacts to the Department of Community Health.
V. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Commission.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder the order.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of December, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Secretary for record.
The following message from the Governor was received and read:
December 10, 2003
I respectfully submit to the Senate, pursuant to Section 6, Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 2 of 1978 PA 389, MCL 400.1502:
Domestic Violence Prevention and Treatment Board
Ms.Lore A. Rogers of 7044 Whitmore Lake Road, Whitmore Lake, Michigan 48189, county of Washtenaw, succeeding Ferne A. Farber, who has resigned, for a term commencing December 10, 2003 and expiring September 30, 2004.
Sincerely,
Jennifer M. Granholm
Governor
The appointment was referred to the Committee on Government Operations.
Michigan State Waterways Commission
Ms.Janet M. Mansfield of 4991 French Road, Alpena, Michigan 49707, county of Alpena, succeeding Robert G. Spicer, whose term has expired, representing persons north of townline 16 in the Lower Peninsula, for a term commencing October 15, 2003 and expiring September 18, 2006.
The question being on advising and consenting to the said appointment to office,
The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:
Roll Call No.600 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Michigan State Waterways Commission
Ms.Carol B. Oakley of 3389 Middlefield Drive, Trenton, Michigan 48183, county of Wayne, succeeding Jon G. VanderMolen, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
The question being on advising and consenting to the said appointment to office,
The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:
Roll Call No.601 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Michigan State Waterways Commission
Mr.Curtis A. Hertel, Sr., of 1464 Blairmoor Court, Grosse Pointe Woods, Michigan 48236, county of Wayne, succeeding E. Peter Beauregard, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
The question being on advising and consenting to the said appointment to office,
The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:
Roll Call No.602 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Bernero Emerson Johnson Scott
Birkholz Garcia Kuipers Sikkema
Bishop George Leland Stamas
Brater Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clark-Coleman
Nays--1
Basham
Excused--0
Not Voting--0
In The Chair: President
Messages from the House
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.506
Senate Bill No.557
Senate Bill No.806
Senate Bill No.485
The motion prevailed.
Senate Bill No.476, entitled
A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 25 (MCL 397.195), as amended by 2002 PA 540; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.482, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1274a (MCL 380.1274a), as amended by 1990 PA 227.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.502, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526b.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.718, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 15 (MCL 125.2665), as amended by 2002 PA 727.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.771, entitled
A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending section 21 (MCL 141.1221), as amended by 2002 PA 408.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.814, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38e (MCL 208.38e), as amended by 1999 PA 184.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 7, after "(b)" by inserting "or (c)".
2. Amend page 2, following line 4, by inserting:
"(c) For companies that have a classification under the North American industrial classification system (NAICS) of 333511, 333512, 333513, 333514, or 333515 and for tax years that begin after December 31, 2003, an amount not to exceed $1,000.00 for each special apprentice trained by the taxpayer in the tax year.".
3. Amend page 2, line 16, after "the" by striking out the balance of the line through "department" on line 17 and inserting "department of labor and economic growth".
4. Amend page 4, following line 19, by inserting:
"(e) "Special apprentice" means a person who is not an apprentice as defined by section (5)(a), is a resident of this state, is 16 years of age or older but younger than 25 years of age, and is trained by a taxpayer through a program that meets all of the criteria under subdivision (a)(i) to (iv).".
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.820, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37d (MCL 208.37d), as amended by 1999 PA 100.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.821, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37c (MCL 208.37c), as amended by 2000 PA 429.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.825, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8 (MCL 125.2688), as amended by 2003 PA 93, and by adding section 8d.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.834, entitled
A bill to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies.
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.835, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37e.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.840, entitled
A bill to create certain offices in the Michigan economic development corporation; to provide for the appointment of certain officers with the advice and consent of the senate; and to impose certain duties and responsibilities on those officers and on certain state employees and public employees.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
The following bill was read a third time:
Senate Bill No.780, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 2003 PA 20.
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.603 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4896, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section40107a (MCL 324.40107a), as added by 1998 PA 470.
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.604 Yeas--36
Allen Cherry Hardiman Sanborn
Barcia Clarke Jacobs Schauer
Basham Cropsey Jelinek Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Nays--2
Clark-Coleman Johnson
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5270, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 19608a.
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.605 Yeas--37
Allen Clark-Coleman Hardiman Sanborn
Barcia Clarke Jacobs Schauer
Basham Cropsey Jelinek Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry
Nays--0
Excused--0
Not Voting--1
Johnson
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.681, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 11a to chapter VI.
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.606 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4513, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.
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.607 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4514, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200i, 200k, 200l, 204, 207, 209, 210, 211a, and 212a (MCL 750.200i, 750.200k, 750.200l, 750.204, 750.207, 750.209, 750.210, 750.211a, and 750.212a), sections 200i and 200k as added by 1998 PA 207, section 200l as added by 2001 PA 135, sections 204 and 211a as amended by 1998 PA 206, sections 207, 209, and 210 as amended by 1998 PA 208, and section 212a as amended by 2002 PA 140, and by adding section 200m.
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.608 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4899, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2555 and 2559 (MCL 600.2555 and 600.2559), section 2559 as amended by 1994 PA 133.
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.609 Yeas--37
Allen Clark-Coleman Hardiman Prusi
Barcia Clarke Jacobs Schauer
Basham Cropsey Jelinek Scott
Bernero Emerson Johnson Sikkema
Birkholz Garcia Kuipers Stamas
Bishop George Leland Switalski
Brater Gilbert McManus Thomas
Brown Goschka Olshove Toy
Cassis Hammerstrom Patterson Van Woerkom
Cherry
Nays--1
Sanborn
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.702, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 23d of chapter X (MCL 710.23d), as amended by 1996 PA 409.
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.610 Yeas--36
Allen Cherry Hardiman Sanborn
Barcia Clarke Jacobs Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Nays--0
Excused--0
Not Voting--2
Clark-Coleman Jelinek
In The Chair: President
The Senate agreed to the title of the bill.
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 Switalski as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.672, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2002 PA 603.
Substitute (S-4).
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.673, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4a.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
Senate Bill No.672
Senate Bill No.673
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No.672, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2002 PA 603.
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.611 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brater Goschka Olshove Thomas
Brown Hammerstrom Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--1
Emerson
Excused--0
Not Voting--0
In The Chair: President
Senator Hammerstrom moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.673, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4a.
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.612 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Senator Hammerstrom moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
General Orders
Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Switalski 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.781, entitled
A bill to amend 1999 PA 244, entitled "An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act," by amending section 2 (MCL 445.2052).
House Bill No.4480, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending the title and sections 2and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2002 PA 254 and section 13 as amended by 2002 PA 727.
House Bill No.4481, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
House Bill No.4482, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties.
House Bill No.4488, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 4 (MCL 21.144) and by adding section 2f.
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.4483, entitled
A bill to provide for the creation of land bank fast track authorities to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain authorities; to provide for the creation and appointment of boards to govern land bank fast track authorities and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank fast track authority; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank fast track authority; to provide for the distribution and use of revenues collected or received by a land bank fast track authority; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank fast track authority from tax; to extend protections against certain liabilities to a land bank fast track authority; and to repeal acts and parts of acts.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 19, line 17, after "foreclosure," by inserting "or if the authority discovers a deficiency in notice under subsection (10),".
2. Amend page 19, line 20, after "foreclosure" by inserting "or to ascertain an address necessary to correct a deficiency in notice under subsection (10)".
3. Amend page 28, line 20, after "owed" by striking out "by the person".
4. Amend page 31, line 19, after "authority" by striking out "unit".
5. Amend page 32, line 14, after "government." by striking out "In addition," and inserting "Except as provided under parts 111, 115, and 315 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11153, 324.11501 to 324.11550, and 324.31501 to 324.31529,".
6. Amend page 32, line 24, after "property" by inserting "or other activity giving rise to liability under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106".
7. Amend page 43, line 4, after "act." by inserting "A transfer of property by the state administrative board under this section is subject only to the terms and conditions imposed by the state administrative board and is not subject to section 2101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101.".
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:
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.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
Senate Bill No.635, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21311 (MCL 333.21311), as amended by 1984 PA 311.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 2, line 1, after "director" by striking out "may" and inserting "shall".
2. Amend page 2, line 5, after "age" by inserting "and the individual will be compatible with the other residents of that home for the aged".
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No.4786, entitled
A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 19 (MCL 409.119).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No.4484, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i, 78k, 78l, 78m, and 131e (MCL 211.78i, 211.78k, 211.78l, 211.78m, and 211.131e), section 78i as amended by 2001 PA 101, section 78k as amended by 2001 PA 94, section 78l as added and section 131e as amended by 1999 PA 123, and section 78m as amended by 2001 PA 99.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 45, line 1, after "v" by striking out "Cliff" and inserting "Cliffs".
2. Amend page 28, line 7, after "owed" by striking out "by the person".
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:
Senate Bill No.881, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending sections 9 and 10 (MCL 45.559 and 45.560), section 9 as amended by 1980 PA 100, and by adding section 9a.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 19, after "county" by inserting "executive who died or resigned was elected.".
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.4820, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 14, 503, 613, 614, 616, 617, 629, 661, 681, 682, 687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 931, 932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1724 (MCL 380.4, 380.5, 380.6, 380.11a, 380.14, 380.503, 380.613, 380.614, 380.616, 380.617, 380.629, 380.661, 380.681, 380.682, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, 380.1451, 380.1722, and 380.1724), sections 5 and 14 as amended by 1999 PA 23, sections 6, 503, and 690 as amended and section 11a as added by 1995 PA 289, sections 614 and 617 as amended by 2002 PA 157, section 629 as amended by 2002 PA 61, sections 681, 682, 705, 1451, and 1724 as amended by 1994 PA 258, section 687 as amended by 2002 PA 62, section 703 as amended by 1981 PA 87, sections 857 and 858 as amended by 1992 PA 263, section 859 as amended by 2002 PA 509, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 2002 PA 64, and section 1351 as amended by 2002 PA 67, and by adding section 1206; and to repeal acts and parts of acts.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 62, line 20, by striking out all of subdivision (i).
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:
Senate Bill No.877, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641); and to repeal acts and parts of acts.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, following line 25, by inserting:
"(7) This section shall be known and may be cited as the "Hammerstrom election consolidation law".".
2. Amend page 4, line 12, by striking out all of subdivision (i).
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.4822, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 12, by striking out all of subdivision (i).
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.4823, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 21, by striking out all of subdivision (i).
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.4824, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972 (MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a, 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643, 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821, 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sections 2 and 971 as amended by 2002 PA 163, section 321 as amended by 1994 PA 277, section 322 as amended by 1999 PA 218, section 358a as amended by 1990 PA 235, section 370 as amended by 1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as amended by 1995 PA 87, section 509n as amended by 1999 PA 216, sections 509rand 509gg as added by 1994 PA 441, section 643 as amended by 1998 PA 364, section 646a as amended by 2002 PA 431, section 821 as amended by 1988 PA 275, section 963 as amended by 1999 PA 220, and section 972 as amended by 1989 PA 26, and by adding chapter XIV and sections 642, 642a, and 659; and to repeal acts and parts of acts.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 32, line 3, after "election." by inserting "If a village's regular or special election is held in conjunction with another election conducted by a township, the village shall pay the township a proportionate share of the election expenses. If a village's regular or special election is not held in conjunction with another election conducted by a township, the village shall pay the township 100% of the actual costs of conducting the village's regular or special election.".
2. Amend page 50, line 21, by striking out all of subdivision (i).
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.4825, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.
Substitute (S-3).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 19, line 7, by striking out all of subdivision (i).
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.4826, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and 78.23), section 23 as amended by 1999 PA 258.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 21, after "for" by striking out the balance of the line through "or" on line 22 and inserting "as provided by".
2. Amend page 7, line 24, by striking out all of subdivision (i).
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.4827, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 1, 3, 4, 5, 6, and 13 of chapter II, sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V, section 23 of chapter IX, section 3 of chapter XII, and sections 18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6, 62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and 74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2 and 7 of chapter III, and section 3 of chapter V as amended and section 3 of chapter III as added by 1998 PA 255 and section 3 of chapter XII and section 18a of chapter XIV as amended and section 23g of chapter XIV as added by 1998 PA 254.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 7, after "held." by striking out the balance of the line through the first "the" on line 8 and inserting "The".
2. Amend page 8, line 9, after "village" by inserting "as provided in section 642 of the Michigan election law, 1954 PA 116, MCL 168.642".
3. Amend page 11, following line 18, by inserting:
"(3) The expenses of the election shall be paid by the village as provided in section 642 of the Michigan election law, 1954 PA 116, MCL 168.642.".
4. Amend page 16, line 26, by striking out all of subdivision (i).
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.4828, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and section 152 as amended by 1990 PA 11; and to repeal acts and parts of acts.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 28, following line 24, by inserting:
"(g) "School district" means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or a community college district under this act." and relettering the remaining subdivisions.
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Hammerstrom moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No.800
Senate Bill No.801
Senate Bill No.845
Senate Bill No.811
Senate Bill No.556
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Switalski 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.801, entitled
A bill to amend 1899 PA 44, entitled "An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies," by amending section 2 (MCL 24.2), as amended by 1995 PA 179.
Senate Bill No.845, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.
House Bill No.5168, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, and 24c (MCL 211.7cc, 211.7ee, and 211.24c), sections 7cc and 24c as amended by 2003 PA 140 and section 7ee as amended by 2003 PA 105.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.800, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 3, 5, 24, 28, 39, 41, 41a, 42, 44, 45, 45a, 49, and 52 (MCL 24.203, 24.205, 24.224, 24.228, 24.239, 24.241, 24.241a, 24.242, 24.244, 24.245, 24.245a, 24.249, and 24.252), section 3 as amended by 1988 PA 277, sections 5, 24, 41a, 42, 44, 45, and 52 as amended and sections 28, 39, and 45a as added by 1999 PA 262, and section 41 as amended by 1993 PA 141.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No.4367, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 1, by striking out "297,128,300" and inserting "301,128,300".
2. Amend page 2, line 5, by striking out "297,128,300" and inserting "301,128,300".
3. Amend page 2, line 11, by striking out "30,361,300" and inserting "34,361,300".
4. Amend page 8, line 3, by striking out "(12,689,900)" and inserting "(8,689,900).
5. Amend page 8, line 7, by striking out "(12,689,900)" and inserting "(8,689,900).
6. Amend page 8, line 13, by striking out "198,300" and inserting "4,198,300".
7. Amend page 8, following line 14, by inserting:
"(2) EXECUTIVE
Sheriff's coordinating and training office $ 4,000,000
GROSS APPROPRIATION $ 4,000,000
Appropriated from:
Special revenue funds:
Local corrections officer training fund 4,000,000
State general fund/general purpose $ 0"
and renumbering the remaining subsections and adjusting the subtotals, totals, and section 201 accordingly.
8. Amend page 29, line 7, after "is" by striking out "$119,720,900.00" and inserting "$123,720,900.00".
9. Amend page 29, following line 18, by inserting:
"DEPARTMENT OF ATTORNEY GENERAL
Sec. 221. From the prisoner reimbursement funds appropriated in part 1 of 2003 PA 161, the department may spend up to $301,700.00 on activities related to the state correctional facilities reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. If the department collects in excess of $1,131,000.00 in prisoner reimbursements, the excess, provided to the general fund up to a maximum of $800,000.00, is appropriated and shall be spent on defense of litigation against the state, its departments, or employees in civil actions filed by prisoners.".
10. Amend page 31, following line 13, by inserting:
"DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
Sec. 271. From the funds appropriated in section 103 of 2003 PA 167 for the purposes of leasing space to operate an unemployment office, the department of consumer and industry services, due to the consolidation of operations for the purpose of increasing agency efficiencies, shall not expend funds for rental payments or operational expenses for leased premises, 90 days after this act takes effect, at the following locations:
(1) 10296-Alpena: 315 West Chisholm Street, Alpena, MI 490707-2420
(2) 10506-Traverse City: 1209 South Garfield, Traverse City, MI 49696
(3) 10471-Petoskey: 2225 Summit Park Drive, Petoskey, MI 49770
(4) 10470-Manistee: 1560 U.S. 31 South, Manistee, MI 49660
(5) 10505-Ionia: 309 West Adams Street, Ionia, MI 48846
(6) 10502-Holland: 710 Chicago Drive, Holland, MI 49424
(7) 10687-Adrian: 1040 S. Winter Street, Adrian, MI 49221
(8) 10668-Fremont: 4747 West 48th Street, Fremont, MI 49412
11. Amend page 32, following line 3, by inserting:
"Sec. 303. Funds included in part 1 for the sheriff's coordinating and training office are appropriated for and may be expended to defray the costs of continuing education, certification, recertification, decertification, and training of local corrections officers; the personnel and administrative costs of the sheriff's coordinating and training office, the local corrections officers advisory board, and the sheriff's coordinating and training council pursuant to the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.".
12. Amend page 36, following line 22, by inserting:
"Sec. 1604. Section 308 of 2003 PA 161 is repealed.".
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:
Senate Bill No.556, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2002 PA 521 and section 17b as amended by 2000 PA 297.
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.811, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.
Substitute (S-4).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
Senate Bill No.781
Senate Bill No.881
Senate Bill No.800
Senate Bill No.801
Senate Bill No.845
House Bill No.4820
Senate Bill No.877
House Bill No.4822
House Bill No.4823
House Bill No.4824
House Bill No.4825
House Bill No.4826
House Bill No.4827
House Bill No.4828
Senate Bill No.556
House Bill No.4367
Senate Bill No.811
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No.4820
Senate Bill No.877
House Bill No.4822
House Bill No.4823
House Bill No.4824
House Bill No.4825
House Bill No.4826
House Bill No.4827
House Bill No.4828
Senate Bill No.781
Senate Bill No.881
Senate Bill No.800
Senate Bill No.801
Senate Bill No.845
Senate Bill No.556
House Bill No.4367
Senate Bill No.811
The motion prevailed.
The following bill was read a third time:
House Bill No.4820, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 14, 503, 613, 614, 616, 617, 629, 661, 681, 682, 687, 690, 701, 702, 703, 705, 853, 854, 855, 856, 857, 858, 859, 860, 861, 931, 932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1724 (MCL 380.4, 380.5, 380.6, 380.11a, 380.14, 380.503, 380.613, 380.614, 380.616, 380.617, 380.629, 380.661, 380.681, 380.682, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.853, 380.854, 380.855, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, 380.1451, 380.1722, and 380.1724), section 5 as amended by 2003 PA 179, sections 6, 503, and 690 as amended and section 11a as added by 1995 PA 289, section 14 as amended by 1999 PA 23, sections 614 and 617 as amended by 2002 PA 157, section 629 as amended by 2002 PA 61, sections 681, 682, 705, 1451, and 1724 as amended by 1994 PA 258, section 687 as amended by 2002 PA 62, section 703 as amended by 1981 PA 87, section 853 as amended by 1998 PA 406, sections 854, 857, and 858 as amended by 1992 PA 263, section 859 as amended by 2002 PA 509, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 2002 PA 64, and section 1351 as amended by 2002 PA 67, and by adding section 1206; 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.613 Yeas--30
Allen Cropsey Jelinek Scott
Barcia Emerson Johnson Sikkema
Bernero Garcia Kuipers Stamas
Birkholz George McManus Switalski
Bishop Gilbert Patterson Thomas
Brown Goschka Sanborn Toy
Cassis Hammerstrom Schauer Van Woerkom
Cherry Hardiman
Nays--8
Basham Clark-Coleman Jacobs Olshove
Brater Clarke Leland Prusi
Excused--0
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.877, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641).
The question being on the passage of the bill,
Senator Thomas offered the following amendment:
1. Amend page 2, line 20, after "clerk" by inserting "or if 2/3 of the school board members agree to call a special election".
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Schauer requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No.614 Yeas--17
Barcia Clark-Coleman Jelinek Schauer
Basham Clarke Leland Scott
Bernero Emerson Olshove Switalski
Brater Jacobs Prusi Thomas
Cherry
Nays--21
Allen Garcia Hardiman Sanborn
Birkholz George Johnson Sikkema
Bishop Gilbert Kuipers Stamas
Brown Goschka McManus Toy
Cassis Hammerstrom Patterson Van Woerkom
Cropsey
Excused--0
Not Voting--0
In The Chair: President
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.615 Yeas--29
Allen Cropsey Hardiman Scott
Barcia Emerson Jelinek Sikkema
Bernero Garcia Johnson Stamas
Birkholz George Kuipers Switalski
Bishop Gilbert McManus Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Sanborn Van Woerkom
Cherry
Nays--9
Basham Clarke Leland Prusi
Brater Jacobs Olshove Schauer
Clark-Coleman
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4822, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.
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.616 Yeas--36
Allen Clark-Coleman Hardiman Sanborn
Barcia Clarke Jacobs Schauer
Bernero Cropsey Jelinek Scott
Birkholz Emerson Johnson Sikkema
Bishop Garcia Kuipers Stamas
Brater George Leland Switalski
Brown Gilbert McManus Thomas
Cassis Goschka Patterson Toy
Cherry Hammerstrom Prusi Van Woerkom
Nays--2
Basham Olshove
Excused--0
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to authorize the incorporation of charter townships; to provide a municipal charter therefor; to prescribe the powers and functions thereof; and to prescribe penalties and provide remedies,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4823, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.
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.617 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to authorize certain local governmental units to create certain councils under certain circumstances; to prescribe the powers and duties of councils established under this act; and to authorize certain councils established under this act to levy a property tax,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4824, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972 (MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a, 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643, 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821, 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sections 2 and 971 as amended by 2002 PA 163, section 321 as amended by 1994 PA 277, section 322 as amended by 1999 PA 218, section 358a as amended by 1990 PA 235, section 370 as amended by 1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as amended by 1995 PA 87, section 509n as amended by 1999 PA 216, sections 509r and 509gg as added by 1994 PA 441, section 643 as amended by 1998 PA 364, section 646a as amended by 2002 PA 431, section 821 as amended by 1988 PA 275, section 963 as amended by 1999 PA 220, and section 972 as amended by 1989 PA 26, and by adding chapter XIV and sections 642, 642a, and 659; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Jacobs offered the following amendment:
1. Amend page 32, following line 16, by inserting:
"(d) A school election date that is the first Tuesday after the first Monday in June in both even and odd years.".
The amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.618 Yeas--29
Allen Cropsey Hardiman Scott
Barcia Emerson Jelinek Sikkema
Bernero Garcia Johnson Stamas
Birkholz George Kuipers Switalski
Bishop Gilbert McManus Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Sanborn Van Woerkom
Cherry
Nays--9
Basham Clarke Leland Prusi
Brater Jacobs Olshove Schauer
Clark-Coleman
Excused--0
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4825, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.
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.619 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,".
The Senate agreed to the full title.
Senator Schauer moved that Senator Emerson be temporarily excused from the balance of today's session.
The motion prevailed.
The following bill was read a third time:
House Bill No.4826, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and 78.23), section 23 as amended by 1999 PA 258.
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.620 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brater Goschka Olshove Thomas
Brown Hammerstrom Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--0
Excused--1
Emerson
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the incorporation of villages and for revising and amending their charters; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness; to validate bonds issued and obligations previously incurred; and to prescribe penalties and provide remedies,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4827, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 1, 3, 4, 5, 6, and 13 of chapter II, sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V, section 23 of chapter IX, section 3 of chapter XII, and sections 18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6, 62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and 74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2 and 7 of chapter III, and section 3 of chapter V as amended and section 3 of chapter III as added by 1998 PA 255 and section 3 of chapter XII and section 18a of chapter XIV as amended and section 23g of chapter XIV as added by 1998 PA 254.
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.621 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brater Goschka Olshove Thomas
Brown Hammerstrom Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--0
Excused--1
Emerson
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4828, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and section 152 as amended by 1990 PA 11; 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.622 Yeas--27
Allen Cherry Hardiman Scott
Barcia Cropsey Jelinek Sikkema
Bernero Garcia Johnson Stamas
Birkholz George Kuipers Switalski
Bishop Gilbert McManus Toy
Brown Goschka Patterson Van Woerkom
Cassis Hammerstrom Sanborn
Nays--10
Basham Clarke Olshove Schauer
Brater Jacobs Prusi Thomas
Clark-Coleman Leland
Excused--1
Emerson
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
Senator Emerson entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No.781, entitled
A bill to amend 1999 PA 244, entitled "An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act," by amending section 2 (MCL 445.2052).
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.623 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.881, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 9 (MCL 45.559), as amended by 1980 PA 100, and by adding section 9a.
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.624 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--0
Excused--0
Not Voting--1
Hammerstrom
In The Chair: President
The Senate agreed to the title of the bill.
Senator Stamas moved that Senator Hammerstrom be temporarily excused from the balance of today's session.
The motion prevailed.
The following bill was read a third time:
Senate Bill No.800, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 5, 8, 24, 28, 39, 41, 41a, 42, 44, 45, 45a, 49, 50, 52, and 53 (MCL 24.205, 24.208, 24.224, 24.228, 24.239, 24.241, 24.241a, 24.242, 24.244, 24.245, 24.245a, 24.249, 24.250, 24.252, and 24.253), sections 5, 8, 24, 41a, 42, 44, 45, 52, and 53 as amended and sections 28, 39, and 45a as added by 1999 PA 262 and section 41 as amended by 1993 PA 141.
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.625 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--0
Excused--1
Hammerstrom
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.801, entitled
A bill to amend 1899 PA 44, entitled "An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies," by amending section 2 (MCL 24.2), as amended by 1995 PA 179.
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.626 Yeas--37
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hardiman Prusi Van Woerkom
Cherry
Nays--0
Excused--1
Hammerstrom
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Hammerstrom entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No.845, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.
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.627 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.556, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11b, 26a, 68, and 108 (MCL 388.1611, 388.1611b, 388.1626a, 388.1668, and 388.1708), sections 11, 26a, 68, and 108 as amended and section 11b as added by 2003 PA 158.
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.628 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Senator Hammerstrom moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4367, entitled
A bill to make, supplement, and adjust appropriations for the legislative branch, the judicial branch, capital outlay, and certain state departments and agencies for the fiscal year ending September 30, 2003 and the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; 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.629 Yeas--37
Allen Clark-Coleman Hardiman Sanborn
Barcia Clarke Jacobs Schauer
Basham Cropsey Jelinek Scott
Bernero Emerson Johnson Sikkema
Birkholz Garcia Kuipers Stamas
Bishop George Leland Switalski
Brater Gilbert McManus Thomas
Brown Goschka Olshove Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry
Nays--1
Patterson
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.811, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.
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.630 Yeas--38
Allen Clark-Coleman Jacobs Sanborn
Barcia Clarke Jelinek Schauer
Basham Cropsey Johnson Scott
Bernero Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman
Nays--0
Excused--0
Not Voting--0
In The Chair: President
Senator Hammerstrom moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Resolutions
Senator Hammerstrom moved that consideration of the following resolutions be postponed for today:
Senate Resolution No.175
Senate Resolution No.139
The motion prevailed.
Senate Resolution No.182.
A resolution to memorialize the Congress of the United States to enact legislation to provide greater protections against identity theft.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
The substitute was adopted.
The resolution, as substituted, was adopted.
Senate Resolution No.183.
A resolution to memorialize the Congress of the United States to amend the Fair Credit Reporting Act to provide that the statute of limitations for an identity theft suit is two years from the time the fraud was discovered.
The question being on the adoption of the resolution,
The resolution was adopted.
Senate Resolution No.186.
A resolution to memorialize the United States Congress to enact legislation to prohibit the use of a person's Social Security number as an identification number beyond its original purpose.
The question being on the adoption of the resolution,
The resolution was adopted.
Senators Kuipers, Goschka, Allen, Garcia, Cassis, Patterson, Cherry and Barcia offered the following resolution:
Senate Resolution No.202.
A resolution to amend the Standing Rules of the Senate.
Resolved by the Senate, That Rule 3.102 of the Standing Rules of the Senate be hereby amended to read as follows:
"3.102 ORDER OF BUSINESS
The order of business of the Senate shall be as follows:
1. Call to Order
2. Invocation
3. Pledge of Allegiance and Pledge of Allegiance to the Flag of Michigan
4. Roll Call
5. Motions and Communications
6. Messages from the Governor
7. Messages from the House
8. Conference Reports
9. Third Reading of Bills
10. General Orders
11. Resolutions
12. Introduction and Referral of Bills
13. Statements
14. Adjournment".
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 Local, Urban and State Affairs.
The motion prevailed.
House Concurrent Resolution No.24.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to grant a federal charter to the Korean War Veterans Association.
Whereas, As our nation witnesses once again the sacrifices of our fellow citizens taking up arms to preserve liberties, we have reawakened our sensitivity to the importance of service to veterans from all of America's wars. Organizations that work to help and advocate on behalf of veterans help fulfill a promise between our country and its defenders; and
Whereas, The Korean War Veterans Association is the only veterans organization comprised exclusively of Korean War veterans. This group has established an excellent record of service to those who served and suffered in Korea and their families; and
Whereas, However, the Korean War Veterans Association is one of the few veterans groups of its size operating without a federal charter. Legislation is currently pending in Congress in both the House of Representatives (H.R. 1043) and the Senate (S. 478) to grant a federal charter; and
Whereas, The long overdue granting of a federal charter would enable the association to significantly enhance its efforts to help needy Korean War veterans and their families. With a charter, which would extend to it the same status as other veterans groups, the Korean War Veterans Association would be able to further its work and participate more fully with other groups. A federal charter also would permit the organization to assist in processing claims for benefits; and
Whereas, As our nation marks the fiftieth anniversary of the end of military hostilities on the Korean Peninsula, granting the federal charter would be most appropriate; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact legislation to grant a federal charter to the Korean War Veterans Association; 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.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Senior Citizens and Veterans Affairs.
The motion prevailed.
Senators Allen, Cassis, Cropsey, Goschka, Van Woerkom, Cherry, Olshove and Sanborn were named co-sponsors of the concurrent resolution.
Senators Brater, Clark-Coleman, Basham and Bernero offered the following resolution:
Senate Resolution No.203.
A resolution to urge the Environmental Protection Agency to reconsider and reverse its proposal to ease restrictions on mercury emissions.
Whereas, Among the proposed rules being put forth by the Environmental Protection Agency are policies that, as reported, would significantly lessen the target for reducing mercury emissions from power plants. With the proven threat mercury presents to public health, the proposed rules seek to treat this serious issue in a manner that is very disturbing; and
Whereas, The draft plan would put in place a "cap and trade" system similar to the program established to reduce acid rain. While that system has effectively reduced emissions that cause acid rain, the nature of mercury makes this same "cap and trade" approach unacceptable to many in the public health community. Mercury is known to be far more dangerous to health than the pollutants in acid rain. The most hazardous chemical forms of mercury emitted by power plants are known to accumulate near the emissions source. To remove mercury from the list of most toxic pollutants, which the proposed plan does, would be major step backward for our country to take in working for cleaner air and a healthier environment for our people; and
Whereas, If the planned rules were to be approved, it would represent a reversal of progress we have made in cleaning up our air quality. For people living near coal-burning power plants, the cumulative effects of mercury would contribute to the buildup of "hot spots" for mercury contamination; and
Whereas, The threat that mercury poses to our country is real. The Centers for Disease Control and Prevention found that eight percent of women of childbearing age have unsafe levels of mercury in their blood. Nearly all states have issued warnings about fish being contaminated by mercury. Michigan has issued warnings that women of childbearing age and children should not eat fish caught in inland lakes. Any measure taken by the EPA that does not reduce mercury in the air in every instance is inappropriate public policy; now, therefore, be it
Resolved by the Senate, That we urge the Environmental Protection Agency to reconsider and reverse its proposal to ease restrictions on mercury emissions; and be it further
Resolved, That copies of this resolution be transmitted to the Environmental Protection Agency, 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 Natural Resources and Environmental Affairs.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Brater and Cassis asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Brater's statement is as follows:
I wish to make a statement regarding Senate Resolution No.186, which passed by so quickly just a moment ago. It is part of the package of resolutions asking Congress to give citizens more protection of their Social Security number. This particular resolution prohibited the use of the Social Security number for any purpose other than the purpose intended under the Social Security Act. We've had a huge proliferation of entities--banks, health care entities, and schools--using the Social Security number as an identifier, which has become very problematic in terms of protecting your credit and other privacy issues, and especially since the Congress just recently pre-empted our ability at the state level to protect citizens' privacies. It is even more important that we urge the Congress to move forward to protect our Social Security numbers.
Senator Cassis' statement is as follows:
In adopting Senate Bill Nos. 672 and 673, I am confident that my esteemed members of the Senate have agreed that as important as it is to balance the state budget, it is equally critical to ensure a healthy, strong Michigan economy and the revenues to support essential and necessary governmental services. Phasing out the tax penalty on health care, paid by the private sector employers, is intended to retain and create jobs, make Michigan's economy more competitive by reducing an unfair tax burden, and lastly, to continue to foster private health care to workers, lessening the reliance on our already strapped government programs.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senators Stamas, Bishop, Allen, Barcia, Kuipers, Olshove, Hardiman and Brown introduced
Senate Bill No.894, entitled
A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; to provide for protection from certain liability; and to provide for remedies.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hardiman, Stamas, Kuipers, Barcia, Allen, Bishop and Brown introduced
Senate Bill No.895, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hardiman, Stamas, Kuipers, Barcia, Allen, Bishop and Brown introduced
Senate Bill No.896, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406r.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Bernero, Brater, Schauer and Clarke introduced
Senate Bill No.897, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 4g and 25 (MCL 205.54g and 205.75), section 4g as amended by 2000 PA 417 and section 25 as amended by 2003 PA 139.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Birkholz, Bernero, George, Switalski, Van Woerkom and Schauer introduced
Senate Bill No.898, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," (MCL 252.301 to 252.325) by adding section 24a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Schauer, George, Brater, Switalski and Toy introduced
Senate Bill No.899, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending section 7 (MCL 252.307), as amended by 1998 PA 533.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators George, Bernero, Switalski, Van Woerkom, Toy and Schauer introduced
Senate Bill No.900, entitled
A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 2002 PA 150.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator George introduced
Senate Bill No.901, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," (MCL 252.301 to 252.325) by adding section 9a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.4308, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 328, 732, 732a, and 907 (MCL 257.328, 257.732, 257.732a, and 257.907), section 328 as amended by 1995 PA 287, section 732 as amended by 2002 PA 534, section 732a as added by 2003 PA 165, and section 907 as amended by 2003 PA 73.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No.4927, entitled
A bill to amend 1949 PA300, entitled "Michigan vehicle code," (MCL257.1 to257.923) by adding sections 217o and 217p.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.5009, entitled
A bill to amend 1953 PA 192, entitled "An act to create a county department of veterans' affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers' relief commission in such counties," by amending section 1 (MCL 35.621), as amended by 1996 PA 108.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.
House Bill No.5074, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2002 PA 709.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.5139, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124, and by adding sections 811p and 811q; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.5154, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8303, 8304, 8306, and 8316 (MCL 324.8303, 324.8304, 324.8306, and 324.8316), sections 8303, 8304, and 8306 as amended by 2002 PA 418.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
House Bill No.5234, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.5246, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2002 PA 726.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
House Bill No.5254, entitled
A bill to amend 2002 PA49, entitled "Michigan broadband development authority act," by amending section 7(MCL 484.3207).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
House Bill No.5255, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 4, 5, 6, 8, and 10 (MCL 207.803, 207.804, 207.805, 207.806, 207.808, and 207.810), section 3 as amended by 2000 PA 428 and sections 6 and 8 as amended by 2000 PA 144, and by adding section 8a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
House Bill No.5280, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.5322, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
House Bill No.5333, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 30a (MCL 46.30a).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
House Bill No.5344, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2003 PA 199.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
Committee Reports
The Committee on Judiciary reported
House Bill No.4249, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.
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.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5216, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44, and by adding section 4q.
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.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5217, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4r.
With the recommendation that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5218, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.
With the recommendation that the following amendment be adopted and that the bill then pass:
1. Amend page 1, line 11, after "of" by inserting "blight".
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill and the amendment recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5219, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8313 (MCL 600.8313), as amended by 1995 PA 54.
With the recommendation that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5220, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 7 (MCL 125.587), as amended by 1994 PA 25.
With the recommendation that the following amendment be adopted and that the bill then pass:
1. Amend page 2, line 5, after "city" by striking out "or village".
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill and the amendment recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5224, entitled
A bill to amend 1941 PA 359, entitled "An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts," by amending section 4 (MCL 247.64), as amended by 1994 PA 26.
With the recommendation that the following amendments be adopted and that the bill then pass:
1. Amend page 3, line 13, after "the" by striking out "township, city, or village" and inserting "city".
2. Amend page 3, line 16, after "the" by striking out "township, city, or village" and inserting "city".
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
Nays: None
The bill and the amendments recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, December 9, 2003, at 1:00p.m., Room 210, Farnum Building
Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Bernero and Brater
The Committee on Education reported
House Bill No.4508, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 3, 373, 375, 403a, 404b, 412a, 413a, 414a, 415, 416, 417a, 418a, 422, 424, 431a, 432, 433, 434, 441, 442, 443, 445, 449, 451, 461, 462, 472, and 485 (MCL 380.3, 380.373, 380.375, 380.403a, 380.404b, 380.412a, 380.413a, 380.414a, 380.415, 380.416, 380.417a, 380.418a,380.422, 380.424, 380.431a, 380.432, 380.433, 380.434, 380.441, 380.442, 380.443, 380.445, 380.449, 380.451, 380.461,380.462, 380.472, and 380.485), sections 3 and 416 as amended by 1995 PA 289, section 373 as amended by 2000 PA 230, sections 375 and 449 as added by 1999 PA 10, sections 403a, 418a, and 431a as amended and sections 404b and 485 as added by 1982 PA 71, section 412a as amended by 1989 PA 268, sections 413a and 414a as added by 1981 PA 96, section 417a as amended by 1985 PA 86, section 442 as amended by 2002 PA 58, section 443 as amended by 1983 PA 118, and section 445 as amended by 2002 PA 334, and by adding sections 420 and 421; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Wayne Kuipers
Chairperson
To Report Out:
Yeas: Senators Kuipers, Cassis and Van Woerkom
Nays: Senators Clark-Coleman and Leland
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, December 9, 2003, at 11:30a.m., Room 100, Farnum Building
Present: Senators Kuipers (C), Cassis, Van Woerkom, Clark-Coleman and Leland
The Committee on Natural Resources and Environmental Affairs reported
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.
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.
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.
The Committee on Natural Resources and Environmental Affairs reported
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.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.653, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 1999 PA 30.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.853, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 35903 (MCL 324.35903), as added by 1996 PA 88.
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.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.854, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 174.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.855, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 35803 (MCL 324.35803), as added by 1996 PA 89.
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.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.856, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 8911, 8913, and 8915.
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.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.857, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section72105a (MCL 324.72105a), as added by 1997 PA 129.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.858, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74104 (MCL 324.74104), as added by 1995 PA 58.
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.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Brater and Basham
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.860, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 8905f.
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.
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.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.861, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 17305.
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.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.4914, 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.
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.
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, December 9, 2003, at 3:00p.m., Room 110, Farnum Building
Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham
The Committee on Finance reported
Senate Bill No.672, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2002 PA 603.
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.
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.673, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 4a.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
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, December 10, 2003, at 1:03p.m., Room 110, Farnum Building
Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater
The Committee on Local, Urban and State Affairs reported
Senate Bill No.881, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending sections 9 and 10 (MCL 45.559 and 45.560), section 9 as amended by 1980 PA 100, and by adding section 9a.
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.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Bernero
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local, Urban and State Affairs submitted the following:
Meeting held on Wednesday, December 10, 2003, at 3:00p.m., Room 100, Farnum Building
Present: Senators Toy (C), Goschka, Basham and Bernero
Excused: Senator Birkholz
The Committee on Government Operations reported the following appointments to office:
Michigan State Waterways Commission
Ms.Janet M. Mansfield of 4991 French Road, Alpena, Michigan 49707, county of Alpena, succeeding Robert G. Spicer, whose term has expired, representing persons north of townline 16 in the Lower Peninsula, for a term commencing October 15, 2003 and expiring September 18, 2006.
Ms.Carol B. Oakley of 3389 Middlefield Drive, Trenton, Michigan 48183, county of Wayne, succeeding Jon G. VanderMolen, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
With the recommendation that the Senate advise and consent to the said appointments.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Emerson, Jacobs and Thomas
Nays: None
The appointments were placed on the order of Messages from the Governor.
The Committee on Government Operations reported the following appointment to office:
Michigan State Waterways Commission
Mr.Curtis A. Hertel, Sr., of 1464 Blairmoor Court, Grosse Pointe Woods, Michigan 48236, County of Wayne, succeedingE. Peter Beauregard, whose term has expired, for a term commencing October 15, 2003 and expiring September 18, 2006.
With the recommendation that the Senate advise and consent to the said appointment.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Jacobs and Thomas
Nays: Senator Emerson
The appointment was placed on the order of Messages from the Governor.
The Committee on Government Operations reported:
Senate Bill No.800, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 3, 5, 24, 28, 39, 41, 41a, 42, 44, 45, 45a, 49, and 52 (MCL 24.203, 24.205, 24.224, 24.228, 24.239, 24.241, 24.241a, 24.242, 24.244, 24.245, 24.245a, 24.249, and 24.252), section 3 as amended by 1988 PA 277, sections 5, 24, 41a, 42, 44, 45, and 52 as amended and sections 28, 39, and 45a as added by 1999 PA 262, and section 41 as amended by 1993 PA 141.
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.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.801, entitled
A bill to amend 1899 PA 44, entitled "An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies," by amending section 2 (MCL 24.2), as amended by 1995 PA 179.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Emerson, Jacobs and Thomas
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.845, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 686 (MCL 168.686), as amended by 1999 PA 216.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Emerson, Jacobs and Thomas
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4820, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 14, 503, 613, 614, 616, 617, 629, 661, 681, 682, 687, 690, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 931, 932, 945, 1212, 1216, 1351, 1361, 1451, 1722, and 1724 (MCL 380.4, 380.5, 380.6, 380.11a, 380.14, 380.503, 380.613, 380.614, 380.616, 380.617, 380.629, 380.661, 380.681, 380.682, 380.687, 380.690, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.931, 380.932, 380.945, 380.1212, 380.1216, 380.1351, 380.1361, 380.1451, 380.1722, and 380.1724), sections 5 and 14 as amended by 1999 PA 23, sections 6, 503, and 690 as amended and section 11a as added by 1995 PA 289, sections 614 and 617 as amended by 2002 PA 157, section 629 as amended by 2002 PA 61, sections 681, 682, 705, 1451, and 1724 as amended by 1994 PA 258, section 687 as amended by 2002 PA 62, section 703 as amended by 1981 PA 87, sections 857 and 858 as amended by 1992 PA 263, section 859 as amended by 2002 PA 509, section 945 as added by 1984 PA 154, section 1212 as amended by 1993 PA 312, section 1216 as amended by 2002 PA 64, and section 1351 as amended by 2002 PA 67, and by adding section 1206; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis and Emerson
Nays: Senator Jacobs
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.877, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 641 (MCL 168.641); and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis and Emerson
Nays: Senator Jacobs
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4822, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4823, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 27 (MCL 124.677), as amended by 1998 PA 373.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4824, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972 (MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a, 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643, 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821, 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sections 2 and 971 as amended by 2002 PA 163, section 321 as amended by 1994 PA 277, section 322 as amended by 1999 PA 218, section 358a as amended by 1990 PA 235, section 370 as amended by 1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as amended by 1995 PA 87, section 509n as amended by 1999 PA 216, sections 509rand 509gg as added by 1994 PA 441, section 643 as amended by 1998 PA 364, section 646a as amended by 2002 PA 431, section 821 as amended by 1988 PA 275, section 963 as amended by 1999 PA 220, and section 972 as amended by 1989 PA 26, and by adding chapter XIV and sections 642, 642a, and 659; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis and Emerson
Nays: Senator Jacobs
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4825, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3, 117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and section 29 as amended by 1994 PA 17.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4826, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and 78.23), section 23 as amended by 1999 PA 258.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4827, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending sections 1, 3, 4, 5, 6, and 13 of chapter II, sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V, section 23 of chapter IX, section 3 of chapter XII, and sections 18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6, 62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and 74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2 and 7 of chapter III, and section 3 of chapter V as amended and section 3 of chapter III as added by 1998 PA 255 and section 3 of chapter XII and section 18a of chapter XIV as amended and section 23g of chapter XIV as added by 1998 PA 254.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
House Bill No.4828, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 2, 12, 16, 17, 21, 32, 34, 34a, 36, 37, 38, 39, 42, 51, 52, 54, 55, 56, 57, 58, 59, 62, 83, 84, 86, 105, 107, 122, 144, and 152 (MCL 389.2, 389.12, 389.16, 389.17, 389.21, 389.32, 389.34, 389.34a, 389.36, 389.37, 389.38, 389.39, 389.42, 389.51, 389.52, 389.54, 389.55, 389.56, 389.57, 389.58, 389.59, 389.62, 389.83, 389.84, 389.86, 389.105, 389.107, 389.122, 389.144, and 389.152), section 2 as added by 1998 PA 153, sections 17, 21, 34, 37, 42, 54, 57, and 62 as amended and section 86 as added by 2000 PA 488, section 34a as amended by 1982 PA 381, section 83 as amended by 1992 PA 20, section 122 as amended by 2002 PA 72, section 144 as amended by 2002 PA 73, and section 152 as amended by 1990 PA 11; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis and Emerson
Nays: Senator Jacobs
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.432, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 31, 73, 283, 393, 509t, 509y, 509aa, 561a, 624, 624a, 686, 727, 745, 761, 769, 797a, 798c, 799a, 803, 842, and 931 (MCL 168.31, 168.73, 168.283, 168.393, 168.509t, 168.509y, 168.509aa, 168.561a, 168.624, 168.624a, 168.686, 168.727, 168.745, 168.761, 168.769, 168.797a, 168.798c, 168.799a, 168.803, 168.842, and 168.931), section 31 as amended by 1999 PA 220, sections 73, 283, 393, and 686 as amended by 1999 PA 216, section 509t as amended by 1998 PA 21, sections 509y and 509aa as added by 1994 PA 441, section 624 as amended by 1999 PA 218, section 624a as amended by 1988 PA 116, sections 727 and 769 as amended by 1995 PA 261, section 761 as amended by 1996 PA 207, sections 797a and 931 as amended by 1996 PA 583, section 798c as amended by 1990 PA 109, and sections 799a and 803 as amended by 1997 PA 137; and to repeal acts and parts of acts.
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.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Government Operations reported
Senate Bill No.350, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 560, 666, 706, and 777 (MCL 168.560, 168.666, 168.706, and 168.777), section 706 as amended by 1985 PA 160.
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.
Kenneth R. Sikkema
Chairperson
To Report Out:
Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development, Small Business and Regulatory Reform reported
Senate Bill No.862, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31a.
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.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Allen, Gilbert and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development, Small Business and Regulatory Reform reported
Senate Bill No.863, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 51f.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Allen and Gilbert
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, Small Business and Regulatory Reform reported
Senate Bill No.864, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Allen and Gilbert
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development, Small Business and Regulatory Reform reported
House Bill No.5306, entitled
A bill to create certain offices in the Michigan economic development corporation; to provide for the appointment of certain officers with the advice and consent of the senate; and to impose certain duties and responsibilities on those officers and on certain state employees and public employees.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Allen and Gilbert
Nays: Senators Jacobs and Basham
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development, Small Business and Regulatory Reform submitted the following:
Meeting held on Wednesday, December 10, 2003, at 3:03p.m., Rooms 402 and 403, Capitol Building
Present: Senators Sanborn (C), Allen, Gilbert, Jacobs and Basham
The Committee on Appropriations reported
House Bill No.4367, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Shirley Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, December 10, 2003, at 1:15p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), Stamas, Brown, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
The Committee on Commerce and Labor reported
Senate Bill No.811, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9b and 27 (MCL 211.9b and 211.27), section 9b as amended by 1994 PA 189 and section 27 as amended by 2002 PA 744.
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.
Jason Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Kuipers, Schauer and Olshove
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 Commerce and Labor submitted the following:
Meeting held on Thursday, December 11, 2003, at 9:00a.m., Room 810, Farnum Building
Present: Senators Allen (C), Kuipers, Schauer and Olshove
Excused: Senator McManus
The Committee on Appropriations reported
Senate Bill No.556, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2002 PA 521 and section 17b as amended by 2000 PA 297
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Shirley Johnson
Chairperson
To Report Out:
Yeas: Senators Johnson, Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submits the following:
Meeting held on Thursday, December 11, 2003, at 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), Stamas, Brown, Goschka, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
Excused: Senator Garcia