sj02062t.008

No. 8

STATE OF MICHIGAN

Journal of the Senate

91st Legislature

REGULAR SESSION OF 2002

Senate Chamber, Lansing, Wednesday, February 6, 2002.

10:00 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Philip E. Hoffman.

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

Bennett--present Gougeon--present Sanborn--present

Bullard--present Hammerstrom--present Schuette--present

Byrum--present Hart--present Schwarz--present

Cherry--present Hoffman--present Scott--present

DeBeaussaert--present Johnson--present Shugars--present

DeGrow--present Koivisto--present Sikkema--present

Dingell--present Leland--present Smith--present

Dunaskiss--excused McCotter--present Steil--present

Emerson--present McManus--present Stille--present

Emmons--present Miller--present Van Regenmorter--present

Garcia--present Murphy--present Vaughn--excused

Gast--present North--present Young--present

Goschka--present Peters--present

Senator Gary Peters of the 14th District offered the following invocation:

O Mighty God, You have given us this great land as our heritage. We humbly pray that we will always remember Your generosity and faithfully do Your will. Bless our land with honest industry, truthful education, and an honorable way of life. Defend our liberties, and strengthen the resolve of the people who have come from throughout the world to make America their home. Lead us to chose the harder right instead of the easier wrong. Help us to appreciate the opportunities that are ours as we struggle to bring harmony to an unsettled world. May we balance our concern for justice with the willingness to display mercy, and may our concern for security be tempered with the willingness to take risks which will produce worthwhile change for the good of all people.

O Lord, we pray for Your guidance as we work together for the best interests of our communities, our nation, our world, and the ultimate goal of peace. When times are prosperous, let our hearts be thankful, and in troubled times, may our deepest trust be in You. Amen.

Senators Garcia and Gougeon entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senators Bennett, DeGrow, Gast, Johnson, Schuette, McManus, Schwarz, Hammerstrom and Sikkema be temporarily excused from today's session.

The motion prevailed.

Senator Bennett entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 5:

House Bill Nos. 5404 5405 5406 5407 5408 5409 5410 5411 5511

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, February 5, for his approval the following bill:

Enrolled Senate Bill No. 434 at 3:31 p.m.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Emmons moved that consideration of the following concurrent resolution be postponed for today:

Senate Concurrent Resolution No. 11

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 161

Senate Resolution No. 162

The resolution consent calendar was adopted.

Senators Bullard, Young, Hammerstrom, North, McCotter, Garcia, Johnson, Bennett, Shugars, Goschka and Byrum offered the following resolution:

Senate Resolution No. 161.

A resolution commemorating the 100th Anniversary of the American Automobile Association (AAA).

Whereas, Tuesday, March 5, 2002, the American Automobile Association (AAA) will celebrate its 100th Anniversary. Established in 1902, AAA was founded in Chicago by a federation of touring and auto clubs; and

Whereas, AAA's earliest goal was to improve the nation's roads to better accommodate the automobile. In 1910, AAA sought passage of the federal registration bill, which was legislation to eliminate state barriers to interstate travel; and

Whereas, Emergency road service has been the hallmark of this association. AAA clubs across the nation have come to the rescue of nearly 30 million stranded motorists. The association provides a variety of emergency vehicle services, including flat tire service, towing, battery boosts, and lockout assistance. In response to concerns of motorists as to the price and availability of gasoline, AAA initiated the Fuel Gauge Report. The report is issued weekly and advises motorists of gasoline availability, prices, and station hours of operation; and

Whereas, AAA is the largest travel publisher in the world, publishing nearly 300 million copies of travel-related materials each year. With nearly 1,000 accredited, full-service travel agencies, AAA Travel is one of the largest leisure travel agencies in the United States. In 1963, AAA adopted a rating system that would evolve into the AAA Diamond Rating System; and

Whereas, AAA pioneered the concept of driver education. In reaction to an increasing number of automobiles on city streets, AAA formed the School Safety Patrol program. Today this program includes more than a half-million student patrollers in 50,000 schools across the nation; and

Whereas, Today AAA is the largest association in America. It is comprised of a not-for-profit federation offering an array of automotive, travel, insurance, and financial services to its 44 million members nationwide; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate the 100th Anniversary of the American Automobile Association (AAA); and be it further

Resolved, That a copy of this resolution be transmitted to AAA as a token of our esteem.

Senator DeBeaussaert was named co-sponsor of the resolution.

Senator McCotter offered the following resolution:

Senate Resolution No. 162.

A resolution honoring the USS Michigan.

Whereas, The USS Michigan was commissioned on September 11, 1982, and is the third United States Navy vessel to bear the name of this state; and

Whereas, The USS Michigan arrived in Bangor, Washington, on March 16, 1983, and has completed thirty-three strategic deterrent patrols; and

Whereas, The USS Michigan is the second Trident class nuclear-powered fleet ballistic missile submarine to have been constructed at the Electric Boat Division of General Dynamics Corporation in Groton, Connecticut; and

Whereas, This ballistic missile submarine, which serves in the Pacific Fleet, boasts an impressive full displacement of 16,782 tons; and

Whereas, The first USS Michigan, which was introduced in 1843 and remained active until 1922, was the first iron warship in the U.S. Navy and probably the first iron or steel warship of her size in the world; and

Whereas, The first USS Michigan was on duty on the Great Lakes during the Civil War but never engaged in battle; and

Whereas, The second USS Michigan, along with sister ship USS South Carolina, was the U.S. Navy's first class of dreadnoughts or all big-gun battleships; and

Whereas, During World War I, the second USS Michigan escorted convoys, trained recruits, and engaged in fleet maneuvers before being decommissioned on February 11, 1922, at the Philadelphia Navy Yard; now, therefore, it be

Resolved by the Senate, That we, the people of the state of Michigan, are proud to have the name of our great state adorn such a storied vessel and give thanks to the service the USS Michigan has given to our state and country; and be it further

Resolved, That copies of this resolution be transmitted to Commander Dietrich H. Kuhlmann, commanding officer of the USS Michigan, and the United States Navy as evidence of our gratitude.

Senator Emmons moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Emmons moved that rule 3.902 be suspended to allow the guests of Senator McCotter admittance to the Senate floor, including the center aisle.

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

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

The motion prevailed, the time being 10:07 a.m.

10:11 a.m.

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

During the recess, Senator McCotter introduced to the Senate Commander Dietrich Kuhlmann, Lieutenant Brian Bialek, Major Murray, and Lieutenant Gregory Griffin of the USS Michigan and presented them with a special tribute.

Commander Kuhlmann responded briefly and presented Senator McCotter with a plaque from the officers and crew.

During the recess, Senators Johnson, Stille, Gast and McManus entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:12 a.m.

10:22 a.m.

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

During the recess, Senators Hammerstrom, Sikkema, Schuette and DeGrow entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 930

Senate Bill No. 803

Senate Bill No. 730

Senate Bill No. 931

Senate Bill No. 1005

Senate Bill No. 806

Senate Bill No. 934

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 940

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 946

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 1006

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 930, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.

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. 4 Yeas--32

Bennett Emmons Koivisto Sanborn

Bullard Garcia Leland Schuette

Byrum Gast McCotter Shugars

Cherry Goschka McManus Sikkema

DeBeaussaert Hammerstrom Miller Steil

DeGrow Hart Murphy Stille

Dingell Hoffman North Van Regenmorter

Emerson Johnson Peters Young

Nays--2

Scott Smith

Excused--3

Dunaskiss Schwarz Vaughn

Not Voting--1

Gougeon

In The Chair: Hoffman

The Senate agreed to the title of the bill.

Protests

Senators Smith and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 930.

Senator Smith's statement is as follows:

I voted "no" on Senate Bill No. 930 for a number of reasons. The primary reason is that I believe that the definition of terrorism is unconstitutionally vague and that it catches in a net people who have legitimate reasons for public protests. While we would always hope that public protest doesn't became violent, we know that in the past it has. In the history of this country, legitimate public protest for any number of reasons against labor agreements, against the government for wars that the public believes are unsustainable, and against its policies. To make those acts potentially acts of terrorism, I think, is not only unconstitutional, but I think it's unsanctioned.

One of the other reasons I voted "no" on this bill is that the federal government has adopted to itself a responsibility for terrorism, inspection investigation, and prosecution. I believe that is appropriately a federal role. I think the states need to have the resources available to coordinate with the federal government, and I think that's something that we can do separately from creating an act that talks about anti-terrorism.

There is nothing in this legislation before us today that this body has just approved that would have prevented the acts of September 11. We would have had no way of anticipating people who might have been involved in 9-11. Nothing in this act gives us any ability to better predict who might participate in acts of terrorism. I, therefore, voted "no" on Senate Bill No. 930.

Senator Scott's statement is as follows:

I voted "no" on this bill, known as the Michigan Anti-Terrorism Act. It contains a number of troubling aspects. While everyone agrees that individuals responsible for such horrific acts as occurred on September 11 must be punished, this bill would not have prevented the tragedy that occurred on that day. While Michigan does not have a law specifically making terrorism a crime, current law already provides for criminal punishment for such terrorist acts as murder, attempted murder, arson, and kidnapping.

I am concerned that the proposed definition of an act of terrorism is overly broad. The Federal Patriot Act is limited to actions that include mass destruction, assassination, or kidnapping, while this bill would include all violent felonies. I am concerned that the definition of terrorism is overly vague and could include public protest that gets out of hand. Every day responsible citizens attempt to influence our government, and if they commit a violent felony while doing so, we already have laws to punish them. This is clearly not what most people would think of as terrorism.

For these reasons, I voted "no."

Senator Emmons moved that Senator Gougeon be temporarily excused from the balance of today's session.

The motion prevailed.

Senator Gougeon entered the Senate Chamber.

Senator Gougeon stated that had he been present when the vote was taken on the passage of the following bill, he would have voted "yea":

Senate Bill No. 930

Senator Schwarz entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 803, entitled

A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Emmons moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

Senate Bill No. 505

The motion prevailed.

Recess

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

The motion prevailed, the time being 11:09 a.m.

12:01 p.m.

The Senate was called to order by the President pro tempore, Senator Schwarz.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 730, entitled

A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending sections 1, 4, and 5 (MCL 780.651, 780.654, and 780.655), section 1 as amended by 1990 PA 43.

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. 5 Yeas--26

Bennett Gast McCotter Schuette

Bullard Goschka McManus Schwarz

Byrum Gougeon Miller Shugars

DeGrow Hammerstrom North Sikkema

Dingell Hoffman Peters Steil

Emmons Johnson Sanborn Van Regenmorter

Garcia Koivisto

Nays--9

Cherry Hart Murphy Smith

DeBeaussaert Leland Scott Young

Emerson

Excused--2

Dunaskiss Vaughn

Not Voting--1

Stille

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Protests

Senators Scott and Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 730.

Senator Scott moved that the statement she made during the discussion of the bill be printed as her reasons for voting "no."

The motion prevailed.

Senator Scott's statement, in which Senator Smith concurred, is as follows:

I rise in opposition to this bill because it is unnecessary and arguably unconstitutional. It appears that the intent of this bill is to prevent the subjects of search warrants from learning the identity of the witnesses who supplied the information used to obtain the warrant. This bill is unnecessary because current law already allows the police to withhold the identity of a confidential informant in the search warrant affidavit.

More troubling is that this bill is unconstitutional because it allows an affidavit to be suppressed until the end of a case. By allowing an affidavit to be suppressed until the end of a case, a person would not be able to challenge the truthfulness of the information used to search and seize their property until a verdict has already been rendered in their case. The U.S. Supreme Court has specifically held in Franks v Delaware that the Fourth Amendment guarantees a person whose premises have been searched or whose property has been seized an opportunity to challenge the truthfulness of the search warrant affidavit and a motion to suppress the evidence. For that reason, I oppose the passage of this bill, and I would ask my colleagues to do the same.

Senator Smith's statement is as follows:

Senator Van Regenmorter has assured us that this bill is not unconstitutional, and I have heard that assurance from the other side of the aisle on a number of occasions when, in fact, the courts have ruled the legislation that we passed to be unconstitutional. So I'm not reassured. I would also like to point out that this is a piece of legislation where a person can be subject to a search about which they know nothing. So it's a search where you can't ask because you don't know, and then we're not going to tell you. I think that is definitely unconstitutional.

Senator Emmons moved that Senator Stille be excused from the balance of today's session and tomorrow's session.

The motion prevailed.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 803, entitled

(The bill was read a third time earlier today and consideration postponed. See p. 102.)

The question being on the passage of the bill,

Senator Leland offered the following amendment:

1. Amend page 17, following line 22, by inserting:

"(3) The attorney general shall not approve an application for an interception if the attorney general determines that the law enforcement agency that will execute the interception, or any of its employees, is the subject of an investigation or prosecution by a state or federal agency for a crime or practice that, in the opinion of the attorney general, tends to indicate that the law enforcement agency cannot reliably execute the interception without a risk of abusing the civil rights of any citizen." and renumbering the remaining subsection.

The question being on the adoption of the amendment,

Senator Leland 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. 6 Yeas--10

Cherry Hart Peters Smith

DeBeaussaert Leland Scott Young

Emerson Murphy

Nays--25

Bennett Gast Koivisto Schuette

Bullard Goschka McCotter Schwarz

Byrum Gougeon McManus Shugars

DeGrow Hammerstrom Miller Sikkema

Dingell Hoffman North Steil

Emmons Johnson Sanborn Van Regenmorter

Garcia

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

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. 7 Yeas--27

Bennett Garcia Koivisto Schuette

Bullard Gast McCotter Schwarz

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeGrow Hammerstrom North Steil

Dingell Hoffman Peters Van Regenmorter

Emmons Johnson Sanborn

Nays--8

DeBeaussaert Hart Murphy Smith

Emerson Leland Scott Young

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Protests

Senators Scott, Leland, Smith and Hart, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 803.

Senators Scott, Leland and Hart moved that the statements they made during the discussion of the bill be printed as their reasons for voting "no."

The motion prevailed.

Senator Scott's first statement is as follows:

This is really some troubling legislation. Some have argued that electronic surveillance will allow the AG and local prosecutors to apprehend major drug dealers, thus reducing drug crime. In fact, the vast majority of major drug busts in Michigan are achieved by teams of federal, state, and local law enforcement agencies. Each of the components of these teams bring resources to the table. In the case of the federal agencies, they bring their ability to seek wiretapping warrants. If the key organizations that fight major drug dealings already have access to wiretapping, why does the state need separate authority, especially since it's so costly? I heard it's anywhere from $30,000.00, $60,000.00 to $90,000.00 for each wiretap. Why not let the federal government absorb this cost? We are in a deep deficit, you know.

Also electronic surveillance is permitted in 42 other states, none of which have significantly lesser drug enforcement problems. For example, Florida, a major drug import/export state, permits wiretapping, yet remains a major base of operation for the illegal drug market.

And besides, as long as illegal drug distribution remains such a lucrative market, the apprehension and incarceration of major operators will only result in new operators taking their place, often after a bloody turf war among criminal elements. It is unrealistic to suppose that wiretapping will change that dynamic of the drug market. Therefore, it is questionable that it would be worthwhile to surrender citizen protection against governmental intrusion for such ambiguous results. I am just as supportive as any one of my colleagues in this body in stopping the destruction caused by drugs. I have probably seen more of this destruction than many of you, yet I cannot in good conscience approve of this new method of fighting the war against drugs.

I might also point out that major drug operators are difficult to apprehend because they take measures against being incriminated. In the case of electronic surveillance, private security companies can perform sweeps for electronic devices for $500.00 to $1,000.00 per sweep. That is considered a reasonable cost of doing business for a major drug dealer. But it does not take such a significant investment to provide some countermeasure against wiretapping. Simply attaching a caller ID device to a phone without subscribing to the service provides some warning because once the PIN registers and trap and trace devices are hooked up to your line, the caller ID device will start working, warning the suspect that the phone is tapped.

Now some may argue that judges will ensure that probable cause is properly established before permitting warrants authorizing wiretapping to be issued. However, according to figures compiled by the Administrative Office of the United States Courts, it is extremely rare that wiretapping warrant applications are turned down by a state or a federal judge. During the year 2000, 1,190 wiretaps were requested, and 1,190 were granted. From 1988 through 2000, only five requests were denied.

Some have said that civil and criminal penalties contained in the bill will ensure that law enforcement agencies will not abuse wiretapping powers. But I know that similar penalties are contained in the wiretapping statutes of other states and in federal legislation. However, such provisions did not prevent police agencies in Ohio and Illinois from conducting illegal and unauthorized wiretapping within the past 15 years.

As for the FBI, it has been found to have conducted unauthorized wiretaps of prominent dissidents such as Martin Luther King, Jr., anti-Vietnam War activists, feminist organizations, and others. More recently, the agency improperly gathered information on thousands of Americans opposed to President Reagan's Central America policies, including the Maryknoll Sisters Roman Catholic Order of Chicago, union locals, and the Women's Rape Crisis Center in Norfolk, Virginia. During the Persian Gulf War, the agency conducted illegal intelligence gathering of innocent Arab Americans. Once a law enforcement agency is permitted to acquire and use wiretapping equipment, there is no guarantee that it will not be abused. This is especially true since there is often no trace of the use of such equipment, and if the intelligence that is gathered is never offered in a court proceeding, there is no institutional accountability.

Some have said that properly authorized wiretapping is no different from other searches that are currently permitted by warrants. Now, this might be true if standard search warrants also allowed the police to conduct a search of the home of a suspect's family, friends, and lovers. According to the Administrative Office of the United States Courts, only one in five calls intercepted by federal wiretapping involves an incriminating conversation. The average wiretap will listen in on 1,769 calls and 196 different people before the interception operation is terminated. For each hour of incriminating conversation, hundreds and sometimes thousands of hours of innocent conversations are monitored.

In addition, permitting any level of wiretapping will lead to requests that such authority be expanded, such as recently occurred at the federal level, where law enforcement agencies sought to gain approval for roving wiretapping warrants allowing the agency to tap any location where a suspect might go without having to show individual probable cause for each location.

This bill only permits wiretapping for drug crimes and terrorism, but the Michigan Senate has already considered variations that would permit wiretapping for any RICO offense and a variety of gambling offenses. How long would it take for police agencies to seek to expand this authority to other crimes? Who remembers when the advocates of mandatory seat belt use promised that if the current law were passed, they would never seek primary enforcement laws? But we know what happened, don't we?

Although this type of legislation is often referred to as wiretapping authority, in fact, it permits a wide array of electronic surveillance, including the use of miniature transmitting microphones and parabolic listening devices. In fact, this legislation also allows the use of so-called roving wiretaps, a power that our Congress has only recently granted to federal agencies.

I have also heard that wiretapping authority would only be used sparingly in special circumstances. But if wiretapping would be used so infrequently, why does the bill authorize any county prosecutor to seek a wiretapping warrant with AG approval? If the use of this authority will be so rare, why not permit only the Attorney General to use it?

I have also heard it argued that forbidding the use of wiretap evidence in state criminal proceedings ties the hands of state and local law enforcement agencies. But current state law permits the admission of wiretap evidence gathered by federal agencies in the Michigan courts.

Finally, some have claimed that electronic surveillance will allow state law enforcement agencies to fight international terrorism. Let's get this straight. State law enforcement agencies are charged with fighting normal types of domestic organized crime such as gambling, drug dealing, and racketeering. There is no evidence that state and local law enforcement agencies have access to the level of intelligence information that would be needed to target specific individuals and organizations who might be conspiring to commit terrorism crimes. There is also no evidence that the federal agencies that have access to such information, such as the Central Intelligence Agency or the National Security Agency, would be willing to share such sensitive information with state and local law enforcement agencies. The suggestion that this bill will protect Michigan citizens from terrorism is just a spoonful of sugar to help the medicine go down.

Senator Scott's second statement is as follows:

The chair of the committee, the Senator from the 22nd District, sort of trivialized what I indicated regarding the seat belts. I only used that analogy because I just wanted you to see how they will tell you that we're only going to do just a certain thing. Then it's blown up. So that's what I mean by these bills. They will continue to add to it, and those who are innocent will be a part of this anti-terrorism bill.

Senator Leland's statement is as follows:

Senate Bill No. 803 is not a prevention bill; it is a reaction. Because of the events of 9-11, some folks look to this as an opportunity to pass wiretap legislation. Everything in Senate Bill No. 803 is already allowed in federal wiretapping. The sponsor would have us believe we need this to combat terrorist action, but in reality, this bill is a wiretap for drug enforcement. The proponents of this bill claim that we need this legislation to save time, and a wiretap through the AG and the circuit court would expedite the procedure. Well, our staff called the U.S. Attorney's office in Detroit, and we were told that approval of a wiretapping could be done in about one week. Many investigations are inter-jurisdictional, they're long, and they're ongoing. Some of them take weeks and even months to complete. A wiretap approval from the feds could be granted during that time. There is no need or urgency to get a wiretap approval turned around in one or two days.

I represent a community in Detroit known as the Brightmoor Community. There are more drug houses in that four-square-mile district per capita than anywhere else in Michigan. If the police did good work--follow-up--and timely prosecution, there would be significantly more arrests, and the locals could use the forfeiture law to snatch up the houses. Virgil Smith, our former colleague, from the Wayne County Prosecutor's Office agreed with me on this.

The concern of Senate Bill No. 803 is the cost. It's been estimated that the cost could be anywhere from $60,000.00 to $90,000.00. What information that comes out of that wiretap could be used for other purposes? We know that cops often go into the LEIN system for personal information unrelated to the crime. They violate the LEIN system all the time; we know this. If wiretapping were approved, what happens to the information that does not have a criminal bearing? Wiretapping is a particularly intrusive investigative tactic, and these tactics should be of great concern. Remember, privacy is a fundamental freedom, and that is something this body should never take away.

We have it all wrong with our drug enforcement policy in this country. We go after--in this country--the supply side of the problem. Stopping the supply of drugs in this country is like trying to stop sex; it's never ever going to happen. You stop the drug problem by cutting off the demand. Let's treat people rather than lock them up and put them in prison. You know, we have 47,000 people in Michigan prisons in this state, and over half of them are related to drug crimes, and half of the prison population is African American. The drug policy in this country is a failed policy. It's nothing more than a jobs program for judges, for prosecutors, for lawyers, for police officers, and for probation officers. Let's not kid ourselves. This bill is not about terrorism; it's about drugs. The last thing we should do is to allow the terror of 9-11 take away another one of our civil liberties. I ask the members to please, please vote against Senate Bill No. 803.

Senator Smith's statement is as follows:

I guess in the case of Senate Bill No. 803, dangerous times call for dangerous measures. In response to September 11, we have decided to justify a dangerous intrusion on personal privacy. We argue that it was meant to give us some pre-emptive opportunities on potential terrorist elements. Well, our information that we have on wiretaps is that it really can only effectively deal with things that have been in place for a long time--racketeering, drugs, gambling, and other vice crimes; that it isn't effective on a kind of quick response/quick anticipation issue. It takes six months to do an investigation before you can ask for a wiretap according to some experts.

So people are willing to give up a little personal privacy for a little time because they don't see it affecting them. But with this wiretap bill, we're going to catch them in a net that they don't anticipate being caught in because we don't do precision point wiretaps as frequently as we used to. We get in and we capture the information on AOL for a whole network of individuals, and the innocent are included in that net. We can go into the libraries and capture information on library computer systems of all the users, and all of their information and all of their communications on the Internet become available to scrutiny by the law enforcement agencies.

I'm supposed to feel comforted this time because we are including a review by the office of the Attorney General that would require an approval not only by the Attorney General, but by a member of the court. The problem is that they are reviewing the legalities of the application for the wiretap and not the facts and the honesty of the underlying information. It is a problem of personal privacy loss, it is a problem of intrusion on personal privacy, and it is a blanket ability to wiretap individuals that we already have and that we really have not justified expanding to local units of government.

Senator Hart's statement is as follows:

While I am deeply saddened by the horrific events on September 11, I do not believe that we should use this as an excuse to intrude on the lives of innocent people. I believe that wiretapping would dramatically reduce the privacy rights of innocent Michigan citizens by increasing the number of conversations intercepted by law enforcement officials.

Already too many innocent conversations are intercepted in law enforcement wiretaps and other forms of electronic surveillance. Wiretapping and other forms of electronic surveillance are proven to be invasive, expensive, expanding, and increasingly inefficient. Not to mention, through federal officials, we already have the ability to perform this type of surveillance if needed.

I believe that most of the bills in this anti-terrorism package have merit, and I support them by and large. They have the real ability to protect the lives of Michigan citizens. However, wiretapping innocent citizens is a step in the wrong direction.

Let me say in conclusion that any semblance of abuse is just too frequent.

The following bill was read a third time:

Senate Bill No. 931, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), section 1 as amended and section 1a as added by 1997 PA 99 and section 2 as amended by 2001 PA 238.

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. 8 Yeas--27

Bennett Garcia Koivisto Schuette

Bullard Gast McCotter Schwarz

Byrum Goschka McManus Shugars

DeBeaussaert Gougeon Miller Sikkema

DeGrow Hammerstrom North Steil

Dingell Hoffman Peters Van Regenmorter

Emmons Johnson Sanborn

Nays--7

Emerson Leland Scott Young

Hart Murphy Smith

Excused--3

Dunaskiss Stille Vaughn

Not Voting--1

Cherry

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1005, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 1993 PA 79.

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. 9 Yeas--35

Bennett Garcia Leland Schwarz

Bullard Gast McCotter Scott

Byrum Goschka McManus Shugars

Cherry Gougeon Miller Sikkema

DeBeaussaert Hammerstrom Murphy Smith

DeGrow Hart North Steil

Dingell Hoffman Peters Van Regenmorter

Emerson Johnson Sanborn Young

Emmons Koivisto Schuette

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 806, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2001 PA 136.

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. 10 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 934, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," (MCL 259.1 to 259.208) by adding section 85a.

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. 11 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 936, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 19f of chapter VII (MCL 767.19f).

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. 12 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 939, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543r.

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. 13 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senator Shugars moved that consideration of the following bill be postponed temporarily:

Senate Bill No. 940

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 942, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543p.

The question being on the passage of the bill,

Senator Hammerstrom offered the following amendments:

1. Amend page 1, line 1, after "SEC. 543P." by inserting "(1)".

2. Amend page 1, line 3, after "SYSTEM" by striking out "THAT IS NOT SUBJECT TO THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION".

3. Amend page 2, following line 8, by inserting:

"(2) THIS SECTION DOES NOT APPLY TO AN ENTITY LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION.".

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 14 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 943, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2000 PA 298.

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. 15 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 946, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 22, 31, 37, and 49 of chapter XVII (MCL 777.22, 777.31, 777.37, and 777.49), section 22 as amended by 2000 PA 279, sections 31 and 49 as amended by 2001 PA 136, and section 37 as added by 1998 PA 317, and by adding section 49a.

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. 16 Yeas--34

Bennett Garcia Leland Schuette

Bullard Gast McCotter Schwarz

Byrum Goschka McManus Scott

Cherry Gougeon Miller Shugars

DeBeaussaert Hammerstrom Murphy Sikkema

DeGrow Hart North Steil

Dingell Hoffman Peters Van Regenmorter

Emerson Johnson Sanborn Young

Emmons Koivisto

Nays--1

Smith

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 948, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2001 PA 6.

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. 17 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 949, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as amended by 2001 PA 208.

The question being on the passage of the bill,

Senator Van Regenmorter offered the following amendment:

1. Amend page 4, following line 16, by inserting:

"(E) THE COST OF EXTRADITING A PERSON FROM ANOTHER STATE TO THIS STATE INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:

(i) TRANSPORTATION COSTS.

(ii) THE SALARIES OR WAGES OF LAW ENFORCEMENT AND PROSECUTION PERSONNEL, INCLUDING OVERTIME PAY, FOR PROCESSING THE EXTRADITION AND RETURNING THE PERSON TO THIS STATE.".

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

The question being on the passage of the bill,

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

Roll Call No. 18 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 995, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2000 PA 279.

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. 19 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 996, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16v of chapter XVII (MCL 777.16v), as amended by 2000 PA 279.

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. 20 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 997, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 1997 PA 75.

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. 21 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1006, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370.

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. 22 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senator Peters moved that he be named co-sponsor of the following bills:

Senate Bill No. 930

Senate Bill No. 1005

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 997

Senate Bill No. 1006

Senate Bill No. 940

The motion prevailed.

Senator Hoffman moved that he be named co-sponsor of the following bills:

Senate Bill No. 930

Senate Bill No. 730

Senate Bill No. 803

Senate Bill No. 931

Senate Bill No. 1005

Senate Bill No. 806

Senate Bill No. 934

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 946

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 1006

The motion prevailed.

Senator Byrum moved that she be named co-sponsor of the following bills:

Senate Bill No. 930

Senate Bill No. 730

Senate Bill No. 803

Senate Bill No. 931

Senate Bill No. 1005

Senate Bill No. 806

Senate Bill No. 934

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 946

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 997

Senate Bill No. 1006

Senate Bill No. 940

The motion prevailed.

Senator Leland moved that he be named co-sponsor of the following bills:

Senate Bill No. 934

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 946

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 1006

Senate Bill No. 940

The motion prevailed.

Senator Goschka moved that he be named co-sponsor of the following bills:

Senate Bill No. 803

Senate Bill No. 1005

Senate Bill No. 806

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 1006

The motion prevailed.

Senator McCotter moved that he be named co-sponsor of the following bills:

Senate Bill No. 930

Senate Bill No. 1005

Senate Bill No. 934

Senate Bill No. 936

Senate Bill No. 939

Senate Bill No. 942

Senate Bill No. 943

Senate Bill No. 946

Senate Bill No. 948

Senate Bill No. 949

Senate Bill No. 995

Senate Bill No. 996

Senate Bill No. 997

Senate Bill No. 1006

Senate Bill No. 940

The motion prevailed.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 940, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 212a (MCL 750.212a), as added by 1998 PA 207.

The above bill was read a third time.

The question being on the passage of the bill,

Senator Shugars offered the following amendment:

1. Amend page 2, following line 26, by inserting:

"(xi) A PUBLIC SERVICES PROVIDER. AS USED IN THIS SUBPARAGRAPH, "PUBLIC SERVICES PROVIDER" MEANS ANY OF THE FOLLOWING:

(A) A NATURAL GAS COMPANY SUBJECT TO THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION.

(B) AN ELECTRIC, STEAM, GAS, TELEPHONE, POWER, WATER, OR PIPELINE COMPANY, NUCLEAR REACTOR, OR NUCLEAR WASTE STORAGE FACILITY.".

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

The question being on the passage of the bill,

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

Roll Call No. 23 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senator Shugars asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Shugars' statement is as follows:

What this amendment does is it includes as vulnerable targets nuclear reactors and/or nuclear waste storage facilities. In our district in Kalamazoo, we're forty miles downwind from a couple of nuclear power facilities, one in South Haven and another in Bridgman. It would be very important that we have a deterrent to protect the people. Obviously, any attack to a nuclear facility would be a massive terrorist act. I urge my colleagues to support this amendment.

By unanimous consent the Senate returned to consideration of the following bill:

House Bill No. 4980, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 65.

The above bill was read a third time.

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. 24 Yeas--35

Nays--0

Excused--3

Dunaskiss Stille Vaughn

Not Voting--0

In The Chair: Schwarz

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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,".

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Resolutions

Senate Resolution No. 149.

A resolution to memorialize the Congress of the United States to increase the number of customs inspectors at Michigan's international border crossings.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator DeBeaussaert was named co-sponsor of the resolution.

Senate Resolution No. 150.

A resolution to urge United States and Canadian customs officials to consider relocating customs for border crossings so that inspections take place before the border is crossed.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator DeBeaussaert was named co-sponsor of the resolution.

Senate Resolution No. 151.

A resolution to memorialize the Congress of the United States to provide a program of low-interest loans for military personnel called to active duty.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator DeBeaussaert was named co-sponsor of the resolution.

Senator Garcia asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Garcia's statement is as follows:

This resolution would urge Congress to develop a low-interest loan for military members who leave the civilian sector to go answer their country's call to duty. There is a program that is called the Soldiers' and Sailors' Civil Relief Act which provides for a reduction in the interest rate. But many people answer their country's call and then are hit very hard financially. We're urging that Congress pass a low-interest loan program to help take care of these needs.

By unanimous consent the Senate proceeded to the order of

Statements

Senator Byrum asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Byrum's statement is as follows:

Today, I voted in support of Senate Bill No. 930. I believe that every effort has been made to develop this bill in a manner that provides the correct tools for our law enforcement agencies to apprehend and punish terrorists, while still allowing law-abiding citizens to express their views.

It is my understanding that this bill creates a new crime, that of terrorism. The bill defines an act of terrorism as "an act that would be a violent felony under the laws of this state, whether or not committed in this state, that is dangerous to human life and intended to intimidate or coerce a civilian population or influence or affect the conduct of a government or a unit of government through intimidation or coercion." The bill further defines the meaning of the term "dangerous to human life" and the term "violent felony."

It was my intent in voting to pass this bill that it be used to prosecute those who would use violence against the citizens of Michigan to further their political goals. However, it is my understanding that this bill, once enacted into law, would not be used to prosecute or harass any individual engaging in lawful dissident activities or activities related to the collective bargaining process, including strikes. It is certainly not my intent that this bill be used in such a manner.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Garcia, Bullard, Byrum and Peters introduced

Senate Bill No. 1086, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 2 (MCL 41.722), as amended by 1995 PA 139.

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

Senators Emmons, Garcia, McCotter, Shugars, Goschka, Sikkema, Murphy, Steil, McManus, Gougeon and Peters introduced

Senate Bill No. 1087, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17401 and 17432 (MCL 333.17401 and 333.17432), as amended by 1997 PA 151.

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

Senators Byrum, Garcia, Emmons, Sikkema, Goschka and Peters introduced

Senate Bill No. 1088, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2243, 3405, 3631, and 3709 (MCL 500.2243, 500.3405, 500.3631, and 500.3709), as amended by 1994 PA 438; and to repeal acts and parts of acts.

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

Senators Shugars, Garcia, McCotter, Hammerstrom, Gougeon, DeBeaussaert, Sikkema and Goschka introduced

Senate Bill No. 1089, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), as amended by 1998 PA 446.

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

Senators Hammerstrom, Garcia, McCotter, Sikkema and Goschka introduced

Senate Bill No. 1090, entitled

A bill to amend 1984 PA 233, entitled "Prudent purchaser act," by amending section 3 (MCL 550.53), as amended by 1996 PA 518.

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

Senators DeBeaussaert, Garcia, Goschka, Sikkema and Peters introduced

Senate Bill No. 1091, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 315 (MCL 418.315), as amended by 1998 PA 447.

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

House Bill No. 5404, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 442 (MCL 380.442), as amended by 1985 PA 22.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5405, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending section 4 (MCL 388.954), as amended by 1992 PA 228.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5406, entitled

A bill to repeal 1973 PA 12, entitled "An act to provide for emergency financial assistance for school districts; to prescribe certain powers and duties of the intermediate board of education in connection therewith; to provide certain powers and duties of the state board of education in connection therewith; to create an emergency loan revolving fund; and to make an appropriation," (MCL 388.251 to 388.271).

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5407, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 629 (MCL 380.629), as amended by 1997 PA 152.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5408, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 687 (MCL 380.687), as amended by 1995 PA 289.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5409, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1215 (MCL 380.1215).

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5410, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1216 (MCL 380.1216), as amended by 1992 PA 236.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5411, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1225 (MCL 380.1225), as amended by 1997 PA 152.

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.

Senator Emmons moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5511, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 212a (MCL 750.212a), as added by 1998 PA 207.

The House of Representatives has passed the bill.

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

Committee Reports

The Committee on Finance reported

Senate Bill No. 966, entitled

A bill to amend 1937 PA 79, entitled "An act to authorize any municipality, as herein defined, to borrow money and issue notes in anticipation of the collection of revenues other than taxes and special assessments; and to prescribe the powers and duties of certain state departments, commissions, and officials," by amending sections 2, 3, and 4 (MCL 141.222, 141.223, and 141.224), section 3 as amended by 1983 PA 50; 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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 967, entitled

A bill to amend 1943 PA 143, entitled "An act to empower boards of county road commissioners to borrow money in anticipation and upon the faith and credit of future receipts of revenues, derived from certain state collected taxes, for the purpose of purchasing road machinery or equipment or for improvement of county highways or for general county road purposes," by amending sections 1 and 2 (MCL 141.251 and 141.252), section 1 as amended by 1983 PA 51; 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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 968, entitled

A bill to amend 1969 PA 121, entitled "An act to authorize counties, cities, townships and villages to issue bonds or notes, and pledge deferred income from sale of capital assets, due and payable but which has not been received, for the payment of principal and interest thereon; and to authorize the county, city, township or village to pledge its full faith and credit for the payment of the bonds or notes," by amending sections 2 and 3 (MCL 141.382 and 141.383), section 3 as amended by 1983 PA 52.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 969, entitled

A bill to amend 1985 PA 217, entitled "An act to establish an employee-owned corporation revolving loan fund; to prescribe the powers and duties of certain state departments and employee-owned corporations; and to make an appropriation," (MCL 450.801 to 450.815).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 970, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24e (MCL 211.24e), as amended by 1995 PA 42.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 971, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87c (MCL 211.87c), as amended by 1999 PA 123; 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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 972, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87b (MCL 211.87b), as amended by 1994 PA 189.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 973, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89 (MCL 211.89), as amended by 1982 PA 503.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 976, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 3, 4a, 5, and 5f (MCL 117.3, 117.4a, 117.5, and 117.5f), section 3 as amended by 1999 PA 260, section 4a as amended by 1994 PA 324, section 5 as amended by 1988 PA 268, and section 5f as amended by 1990 PA 231.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 979, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 33 (MCL 125.233), as added by 1996 PA 569.

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

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. 980, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 33 (MCL 125.303), as added by 1996 PA 570.

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

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. 981, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 15 (MCL 125.595), as added by 1996 PA 571.

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

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. 982, entitled

A bill to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending sections 17 and 47 (MCL 125.667 and 125.697), as amended by 1996 PA 338; 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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 983, entitled

A bill to amend 1949 PA 208, entitled "An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act," by amending sections 6a and 6b (MCL 125.946a and 125.946b), as amended by 1983 PA 38.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 984, entitled

A bill to amend 1923 PA 118, entitled "An act to authorize counties to raise by loan, expend from unallocated moneys on hand, or borrow money for permanent improvements, to issue bonds, and to levy taxes to the extent necessary for the repayment of the bonds," by amending section 1 (MCL 141.61).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 985, entitled

A bill to amend 1957 PA 57, entitled "An act to authorize cities and villages in Michigan to raise money by taxes or bond issue within certain limits for the purpose of establishing a local improvement revolving fund; providing for the use of moneys in the fund and the reimbursement of moneys used therefrom; and other matters relating to the creation of the fund and its use," by amending sections 1 and 3 (MCL 141.371 and 141.373).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 986, entitled

A bill to amend 1964 PA 205, entitled "An act authorizing the purchase by municipalities of fire trucks, fire fighting apparatus and equipment on executory title retaining contracts and under chattel mortgage financing," by amending section 1 (MCL 141.451).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 988, entitled

A bill to amend 2000 PA 147, entitled "Safe drinking water financial assistance act," by amending sections 3 and 4 (MCL 141.1453 and 141.1454).

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Garcia, Peters and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Tuesday, February 5, 2002, at 1:00 p.m., Senate Hearing Room, Ground Floor, Michigan National Tower

Present: Senators Emmons (C), Bullard, Garcia, Peters and Byrum

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, January 30, 2002, at 3:00 p.m., Room 210, Farnum Building

Present: Senators Bennett (C), Johnson, Stille and Leland

Excused: Senator Peters

Scheduled Meetings

Appropriations - Wednesday, February 13, 2:00 p.m., and Tuesday, February 19, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Appropriations, Joint Senate/House - Thursday, February 7, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Agriculture - Tuesday, February 12, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Community Colleges - Wednesdays, February 13, 12:30 p.m., and February 20, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Corrections - Wednesdays, February 20 and February 27, 1:00 p.m., Room 100, Farnum Building, and Tuesday, March 5, 1:00 p.m., Room 210, Farnum Building (373-2413)

Environmental Quality - Tuesdays, February 19, February 26, and March 5, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7350)

Higher Education - Tuesday, February 12, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; Friday, February 15, 10:00 a.m., Saginaw Valley State University, 7400 Bay Road, Curtiss Hall, Emeriti Room, University Center; Friday, February 22, 9:30 a.m., Oakland University, Library Drive, 242 Elliott Hall, Rochester; Friday, March 1, 10:00 a.m., Calvin College, 3201 Burton S.E., Hekman Library, Meeter Center Lecture Hall, Grand Rapids; and Friday, March 8, 9:30 a.m., University of Michigan-Ann Arbor, 909 S. University Drive, William L. Clements Library, Ann Arbor (373-3447)

Natural Resources - Wednesdays, February 20, February 27, and March 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Government Operations - Thursday, February 7, 1:00 p.m., Room 110, Farnum Building (373-1707)

Senator Emmons moved that the Senate adjourn.

The motion prevailed, the time being 12:59 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, February 7, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

Bennett--present	Gougeon--present	Sanborn--present
Bullard--present	Hammerstrom--present	Schuette--present
Byrum--present	Hart--present	Schwarz--present
Cherry--present	Hoffman--present	Scott--present
DeBeaussaert--present	Johnson--present	Shugars--present
DeGrow--present	Koivisto--present	Sikkema--present
Dingell--present	Leland--present	Smith--present
Dunaskiss--excused	McCotter--present	Steil--present
Emerson--present	McManus--present	Stille--present
Emmons--present	Miller--present	Van Regenmorter--present
Garcia--present	Murphy--present	Vaughn--excused
Gast--present	North--present	Young--present
Goschka--present	Peters--present

Bennett	Emmons	Koivisto	Sanborn
Bullard	Garcia	Leland	Schuette
Byrum	Gast	McCotter	Shugars
Cherry	Goschka	McManus	Sikkema
DeBeaussaert	Hammerstrom	Miller	Steil
DeGrow	Hart	Murphy	Stille
Dingell	Hoffman	North	Van Regenmorter
Emerson	Johnson	Peters	Young