No. 17

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, March 3, 1998.

10:00a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Bennett--present Gast--present Rogers--present

Berryman--present Geake--present Schuette--present

Bouchard--present Gougeon--present Schwarz--present

Bullard--present Hart--present Shugars--present

Byrum--present Hoffman--present A. Smith--present

Cherry--present Jaye--present V. Smith--excused

Cisky--present Koivisto--present Stallings--absent

Conroy--present McManus--present Steil--present

DeBeaussaert--present Miller--present Stille--present

DeGrow--present North--present VanRegenmorter--present

Dingell--present O'Brien--present Vaughn--present

Dunaskiss--present Peters--present Young--present

Emmons--present Posthumus--present

Reverend Ronald F. Turner of Peace Baptist Church of Detroit offered the following invocation:

Eternal God, we come today thanking You for this opportunity to serve. We praise You because we recognize that You are the Supreme Ruler over all of our beings.

As we come here today, we ask that You would cause us to grow in our capacity for compassion and focus us with greater intent on those services that will aid and assist those persons to whom You have sent us to. We thank You for this body of legislators. We ask that as they continue to move forward discussing and dialoguing about various issues that will affect and impact the lives of persons everywhere, You would move them through sensitivity and with great selectivity as they seek to serve optimum effectiveness that may be derived for the benefit of the individual and for the whole of this state. We praise You, and we count it all done. In the name of Jesus, our Lord and Savior. Amen.

Motions and Communications

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

February 20, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:05a.m. this date, administrative rule (98-2-8) for the Department of Treasury, Revenue Division, entitled "Cigarette Tax," effective 15 days hereafter.

February 24, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:15a.m. this date, administrative rule (98-2-9) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Worker's Compensation Health Care Services," effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communications were received:

Office of the Auditor General

February 26, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Financial Audit of the Administration of Act 51, P.A. 1951, as Amended by the Michigan Department of Transportation and the Department of Treasury.

February 27, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Financial Audit, Including the Provisions of the Single Audit Act, of the Department of Management and Budget, October 1, 1994 through September 30, 1996.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 26:

House Bill Nos. 4297 5224 5344

The Secretary announced the enrollment printing and presentation to the Governor on March 2, for his approval the following bills:

Enrolled Senate Bill No.352 at 2:22p.m.

Enrolled Senate Bill No.353 at 2:24p.m.

Enrolled Senate Bill No.355 at 2:26p.m.

Enrolled Senate Bill No.357 at 2:28p.m.

Enrolled Senate Bill No.358 at 2:30p.m.

Enrolled Senate Bill No.359 at 2:32p.m.

Enrolled Senate Bill No.360 at 2:34p.m.

Enrolled Senate Bill No.828 at 2:36p.m.

The Secretary announced the printing and placement in the members' files on Thursday, February 26 of:

House Bill Nos. 5587 5588 5589 5590 5591 5592 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 5603 5604 5605

The Secretary announced the printing and placement in the members' files on Friday, February 27 of:

Senate Bill Nos. 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924

The Secretary announced the printing and placement in the members' files on Monday, March 2 of:

Senate Bill No. 953

The Secretary announced the printing and placement in the members' files on Monday, March 3 of:

House Bill Nos. 5606 5608 5609 5610 5611 5612 5613 5614 5615 5616 5617 5618

Senators Young, Hoffman, Bullard, VanRegenmorter, Steil, Bennett, Gast, Emmons, McManus, Schuette, Rogers, Gougeon, Cisky, Geake, Miller, Jaye and Dunaskiss entered the Senate Chamber.

A quorum of the Senate was present.

Senator DeGrow moved that the enrollment be vacated on the following bill:

Senate Bill No.361

The motion prevailed.

The following communication was read:

March 3, 1998

Mary Kay Scullion, Clerk

House of Representatives

State Capitol

Lansing, Michigan 48909

Dear Madam:

Pursuant to Joint Rule 12, this is to notify the House of Representatives that the Senate has found an error in Enrolled Senate Bill No.361. Senate Bill No.361 should be amended to read as follows:

1. Amend page 3, line 14, after "age," by striking out "handicap" and inserting "DISABILITY".

The Senate has agreed to the above amendment by a majority of the members elected and serving on March 3, 1998.

Sincerely,

Carol Morey Viventi, J.D.

Secretary of the Senate

Senators Bouchard, Stille and Posthumus entered the Senate Chamber.

Senator Berryman moved that Senator Cherry be temporarily excused from today's session.

The motion prevailed.

Senator Berryman moved that Senator V. Smith be excused from today's session.

The motion prevailed.

Messages from the Governor

The following messages from the Governor were received and read:

February 26, 1998

There is herewith presented for consideration and confirmation by the Senate, the following reappointment to office:

Michigan Law Enforcement Officer's Training Council

Chief Richard Wayne Butler, 3773 Glengarry Avenue, Kalamazoo, Michigan 49004, county of Kalamazoo, as a member representing the Michigan Association of Chiefs of Police, succeeding himself, for a term expiring on January 1, 2001.

March 2, 1998

There is herewith presented for consideration and confirmation by the Senate, the following reappointment to office:

Michigan Natural Resources Trust Fund Board

Mr.John D. Rock, 111 Swallowtail Lane, Okemos, Michigan 48864, county of Ingham, as a member representing the general public, succeeding himself, for a term expiring on October 1, 2001.

March 2, 1998

There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:

State Assessors Board

Mr.Mark A. Hilpert, 5080 Meridian Road, Williamston, Michigan 48895-9658, county of Ingham, as a member representing the State Tax Commission as Chair, succeeding Mr.Frederick B. Headen of Haslett, who has resigned, for a term expiring at the pleasure of the Governor.

March 2, 1998

There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:

State Tax Commission

Mr.Mark A. Hilpert, 5080 Meridian Road, Williamston, Michigan 48895-9658, county of Ingham, as a member representing Republicans and as Chair, succeeding Mr.Frederick B. Headen of Haslett, who has resigned, for a term expiring on September 13, 1999.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator DeGrow moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schwarz, designated Senator Bullard as Chairperson.

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

House Bill No.5418, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 8134, 8142, and 8159 (MCL 500.8134, 500.8142, and 500.8159), section 8134 as added by 1989 PA 302 and sections 8142 and 8159 as amended by 1996 PA 429.

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:

House Bill No.5473, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82126 (MCL 324.82126), as amended by 1996 PA 500.

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.

Resolutions

Senator DeGrow moved that consideration of the following resolutions be postponed for today:

Senate Resolution No.71

Senate Concurrent Resolution No.52

Senate Resolution No.112

Senate Resolution No.134

The motion prevailed.

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

Senate Resolution No.146

Senate Resolution No.149

The resolution consent calendar was adopted.

Senators A. Smith, DeBeaussaert, Young, Conroy, Byrum, Dingell, North, McManus, Schwarz, Cisky, Peters, Vaughn, V. Smith, Berryman, Miller, Hart, Hoffman, Bouchard, Geake, Gast, Stille, Steil, Dunaskiss, DeGrow, Rogers, Koivisto and Cherry offered the following resolution:

Senate Resolution No.146.

A resolution to honor Justina Hierta, recipient of the 1998 Prudential Spirit of Community Award as Michigan's top high school student volunteer.

Whereas, Justina Hierta, a resident of Ann Arbor, Michigan and a student at Community High School, has achieved national recognition for exemplary volunteer service by receiving a 1998 Prudential Spirit of Community Award; and

Whereas, This prestigious award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

Whereas, Justina earned this award by giving generously of her time and energy to create positive change in her school by founding Youth Empowerment (YE!), a group which encourages the integration of volunteerism into the school's curriculum, and by creating Arbor Renaissance, an organization which uses discount cards from local businesses to encourage student volunteerism; and

Whereas, Justina is an outstanding role model for other young people. She gives generously of her time in several endeavors: tutoring refugees in English, helping young organ transplant patients, educating middle school students about discrimination, and serving as grants co-chair for the Ann Arbor Youth Council; and

Whereas, The success of the state of Michigan, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Justina who use their considerable talents and resources to serve others; now, therefore, be it

Resolved by the Senate, That tribute be accorded to Justina Hierta, recipient of the 1998 Prudential Spirit of Community Award; and be it further

Resolved, That a copy of this resolution be transmitted to Justina as evidence of our admiration and esteem.

Senator Bouchard offered the following resolution:

Senate Resolution No.149.

A resolution commemorating March 13, 1998, from 1:00p.m. to 1:30p.m. as a time to Drop Everything and Read in Michigan.

Whereas, For the fifth year, the children of Michigan have set aside a time to Drop Everything and Read (DEAR). Last year, over 300,000 students participated in this excellent program, which was created by Therese C. Roekle, Curriculum Director for Lamphere Schools in Madison Heights, Michigan. This year, we again encourage the entire state to get involved in DEAR to focus our attention upon reading as an enjoyable and necessary pursuit; and

Whereas, For five consecutive years, young people in southeastern Michigan have, at the same time of day on a Friday in March, let every other project but reading rest for 30 minutes. Grandmothers, businesspeople, mayors, teachers, and others have also put aside their regular work to let the students know of the importance of reading. The entire community has joined together in this effort, gathering books, meeting in classrooms or other areas, and reading stories and tales to one another; and

Whereas, By involving the community, DEAR has become more than a reading experience. It is an opportunity for local businesses and community partners to demonstrate to Michigan children the value of reading. The DEAR program came to Oakland County via Imlay City in 1990. What was initiated as a one-school reading incentive activity has quickly grown into a statewide celebration of reading. DEAR is an innovative and inspiring program that clearly should be practiced statewide; now, therefore, be it

Resolved by the Senate, That members of this legislative body commemorate March 13, 1998, from 1:00p.m. to 1:30p.m. as Drop Everything and Read in Michigan. We would also like to commend Therese C. Roekle for her role in organizing and promoting the DEAR program in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Therese C. Roekle and Lamphere Schools in Madison Heights.

Senators North, McManus and Koivisto offered the following resolution:

Senate Resolution No.147.

A resolution to memorialize the Congress of the United States to provide full funding for harbor maintenance and lamprey control in the Great Lakes and to urge other Great Lake states to join in this effort.

Whereas, The Great Lakes are unique and priceless resources. In addition to their importance as the world's most accessible source of fresh water, this network of inland seas plays pivotal roles in transportation and in the economies of the bordering states and Ontario; and

Whereas, A key component of Michigan's maritime infrastructure is our system of small harbors. These harbors are in jeopardy of losing the federal funding that provides for maintenance through the U.S. Army Corps of Engineers. The Corps of Engineers has reportedly informed the Michigan Department of Natural Resources that it plans to eliminate funds for small harbor dredging and maintaining seawalls and docks. For many years, the federal government and the state have operated a partnership in keeping the small harbors. While these are not major contributors to commercial interests, the nearly fifty small harbors presently in jeopardy are very important to boating and fishing activities in this state. Boating and fishing represent as much as one fifth of the state's tourism industry, a fundamental part of our economy; and

Whereas, Another federal program in danger of being eliminated or inadequately funded is the work of combating the sea lamprey in the Great Lakes. This species is a persistent threat to fishing. Individual states should not be required to bear this economic burden alone. The federal government has underfunded the lamprey control program to an extent that forces Michigan to spend much more than it should to deal with a problem facing several states and our neighbors in Canada; and

Whereas, If the federal government abandons its commitments in the areas of small harbor maintenance and lamprey control, the ultimate result will be higher costs and more difficulties for the region's economy and countless communities. To eliminate or seriously cut federal investment in the Great Lakes is a short-sighted approach to take; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to provide full funding for harbor maintenance and lamprey control in the Great Lakes and to urge other Great Lake states to join in this effort; 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, the members of the Michigan congressional delegation, and the legislatures and governors of the other states bordering the Great Lakes.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Young and Stille were named co-sponsors of the resolution.

Senate Concurrent Resolution No.41.

A concurrent resolution to urge the U.S. Army Corps of Engineers to restore the original harbor of refuge at Grand Marais, Michigan.

(For text of resolution, see Senate Journal No.61 of 1997, p. 1209.)

The House of Representatives has adopted the concurrent resolution and named Reps. Rhead, Voorhees, McManus, McBryde, Martinez, Gernaat, Bodem, Dalman, Prusi, Kukuk, Jelinek, Tesanovich, Profit, Goschka, Green, Anthony, Llewellyn, Galloway, Dobb, London, Cherry, Scranton, Hammerstrom, Birkholz, Lowe, Raczkowski and LaForge as co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Senator Cherry entered the Senate Chamber.

Introduction and Referral of Bills

Senator Shugars introduced

Senate Bill No.957, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 10c.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senators Bouchard and Shugars introduced

Senate Bill No.958, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.

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

Senators DeGrow and Shugars introduced

Senate Bill No.959, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403) and by adding sections 403d and 403e.

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

Senator Shugars introduced

Senate Bill No.960, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 502 (MCL 550.1502), as amended by 1997 PA 184, and by adding section 403c.

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

Senators Geake, Gast, Rogers, Cisky, Dingell, Peters, V. Smith and Jaye introduced

Senate Bill No.961, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 15 (MCL 552.15), as amended by 1996 PA 9.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senators Hoffman, Bennett and Jaye introduced

Senate Bill No.962, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Gougeon, Bennett and Jaye introduced

Senate Bill No.963, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43517 and 43520 (MCL 324.43517 and 324.43520), as added by 1995 PA 57.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bennett, Gougeon, Jaye and Shugars introduced

Senate Bill No.964, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40109a

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators North, Bennett, Shugars and Jaye introduced

Senate Bill No.965, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40113b.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Rogers, Bennett, Jaye and Shugars introduced

Senate Bill No.966, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1996 PA 585, and by adding section 504a.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Miller, Bennett, Shugars and Jaye introduced

Senate Bill No.967, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 12a (MCL 28.432a).

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bouchard, Bennett, Jaye and Shugars introduced

Senate Bill No.968, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bullard and Jaye introduced

Senate Bill No.969, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 6 (MCL 28.426), as amended by 1994 PA 338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senator Cherry introduced

Senate Bill No.970, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2, 3, and 6 (MCL 28.422, 28.423, and 28.426), sections 2 and 6 as amended by 1994 PA 338 and section 3 as added by 1991 PA 130.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Emmons, Bennett, Jaye and Shugars introduced

Senate Bill No.971, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 4 and 6 (MCL 28.424 and 28.426), section 4 as added by 1992 PA 219 and section 6 as amended by 1994 PA338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bullard, Bennett and Jaye introduced

Senate Bill No.972, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bullard and Jaye introduced

Senate Bill No.973, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 6 (MCL 28.426), as amended by 1994 PA 338.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Stille, Gougeon, Bennett, Jaye and Shugars introduced

Senate Bill No.974, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40113b.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Byrum, Bennett, Jaye and Shugars introduced

Senate Bill No.975, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43510 and 43513 (MCL 324.43510 and 324.43513), as amended by 1996 PA 585; 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 Hunting, Fishing and Forestry.

Senators North, Bennett and Jaye introduced

Senate Bill No.976, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 12a (MCL 28.432a).

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Gougeon, Shugars and Jaye introduced

Senate Bill No.977, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43526 (MCL 324.43526), as amended by 1996 PA 585.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Dunaskiss, Bennett and Jaye introduced

Senate Bill No.978, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40113b.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Steil, Bennett and Jaye introduced

Senate Bill No.979, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 1996 PA 171.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Gougeon, Bennett and Jaye introduced

Senate Bill No.980, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509u (MCL 168.509u), as added by 1994 PA 441.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators McManus, Bennett, Steil and Jaye introduced

Senate Bill No.981, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51701 and 51702 (MCL 324.51701 and 324.51702), as added by 1995 PA 57.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Shugars, Steil and Jaye introduced

Senate Bill No.982, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1606 (MCL 324.1606), as added by 1995 PA 60.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bullard and Jaye introduced

Senate Bill No.983, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5; 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 Hunting, Fishing and Forestry.

Senators V. Smith, Bennett, Jaye and Shugars introduced

Senate Bill No.984, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5e.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Bennett, Gougeon, Jaye and Shugars introduced

Senate Bill No.985, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5a; 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 Hunting, Fishing and Forestry.

Senators Hoffman, Gougeon, Bennett and Shugars introduced

Senate Bill No.986, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5p.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senators Jaye, Bennett, Gougeon, Miller and Shugars introduced

Senate Bill No.987, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 8 and 12 (MCL 28.428 and 28.432), the title as amended by 1990 PA 320, and by adding sections 5b, 5c, 5d, 5f, 5g, 5h, 5i, 5l, 5m, 5n, and 5o; 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 Hunting, Fishing and Forestry.

Senators Geake, Bennett and Jaye introduced

Senate Bill No.988, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," (MCL 691.1401 to 691.1415) by adding section 7a.

The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Forestry.

Senator VanRegenmorter introduced

Senate Bill No.989, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 33b (MCL 436.33b), as amended by 1996 PA 492.

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

Senator Bullard introduced

Senate Bill No.990, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1980 PA 159, and section 479a as amended by 1996 PA 586.

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

Senator Geake introduced

Senate Bill No.991, entitled

A bill to amend 1931 PA 214, entitled "An act to enact a law to define the offense of felonious driving, when committed by the operation of a vehicle and to prescribe penalties therefor," by amending section 2 (MCL 752.192).

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

House Bill No.4297, entitled

A bill to provide for the establishment of cultural and recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.

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

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

House Bill No.5224, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2845 (MCL 500.2845), as amended by 1990 PA 305.

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 Financial Services.

House Bill No.5344, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2227.

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 Financial Services.

Statements

Senators Berryman, Bouchard and Emmons asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Berryman's statement is as follows:

I rise today because there is a groundbreaking ceremony that will going on, I guess today, in Lake County. It's a county that I don't represent, but I believe the Governor is going to be at this groundbreaking ceremony for the children's prison.

It is my opinion that it's unfortunate you have to make an occasion and a press kit out of building a children's prison. I don't think it is a day for celebration. I don't think it's a day for a media event. I think that is a sad day in the state's history that we actually have to build a prison for children. A prison patterned after what, I think, is a failed adult correctional system. A system that doesn't rehabilitate prisoners. If a prisoner is rehabilitated, that he or she is rehabilitated in spite of this system, and not because of this system. Then to pattern a children's prison after that, I think, is admitting that we have a failed policy on children in the state of Michigan. I'll be the first to admit that there are some very bad 14-, 15- or 16-year-old kids who can do some horrendous crimes. I think there are other facilities that are in existence to care for those individuals--to build a $60 million prison for children is not the answer.

Early intervention programs, prevention programs--that is the key. That will make a difference for children before they get to the point that they have to be incarcerated. The budget coming up is minus community policing--another plus that could help children before they get to that point of needing to be incarcerated. I know there isn't a lot of attention being paid on the floor, and that's unfortunate because I think today's dedication of a privatized children's facility is a very sad day in the state of Michigan. Having that facility privatized makes the administrators of that facility, the guards of that facility not accountable to elected officials, but accountable to a CEO. I think all the way around, the state of Michigan today should not be having a celebration and a photo opportunity for a prison dedication--a prison for children, but that we should re-dedicate our thoughts and our energies to making a difference with kids early-on, early intervention prevention programs--that's where you can make a difference with a child--not rehabilitation, but prevention; making a difference in a child's life much, much earlier than after the fact.

The President, Lieutenant Governor Binsfeld, assumed the Chair.

Senator Bouchard's statement is as follows:

I rise to make a statement concerning the same issue my good friend and colleague just rose to speak about, and that is the so-called "punk prisons."

I guess I have a completely different take on the issue. I see that today's groundbreaking ceremony is not a celebration of that event but as an affirmation of the policy of this state. That policy in regards to violent offenders, be they young or be they old, there will be a punishment for their actions. They will be held accountable for their deeds. They can't run; they can't hide because of their age or any other factor. If they commit a violent act, they be held accountable.

The second policy I see as an affirmation in this groundbreaking is that we recognize that there are other needs out there--early intervention, education, at-risk programs and other important tools to help the next generation not fall into this hole. Because of those needs, we have to constantly seek cost-effective means of doing business. That means exploring privatization and other alternatives--that's what this is doing. I believe as the good Senator spoke we need to be involved in prevention, and that is why we need to free up money from those who have already gone beyond the preventative sector and their resource drain in a cost-efficient way so we can re-direct that resource to prevent other young people from falling into that same unfortunate path. It is a two-headed strategy if you will: Prevention on one hand by being cost-effective in the resources saved, and secondly, holding all those who do the crime to pay with the time.

Senator Emmons' statement is as follows:

These children who were mentioned by the last couple of speakers are criminals. They have committed crimes generally against the weaker members of this society. To pretend that they are only children and not criminals is missing the point. If indeed you have a murderer, if indeed you have a rapist, if indeed you have a person under 20 who is doing things that hurt people, we as a society have a responsibility to lock them up. It's not something that is happy, not a celebration that we should be glad about, but it's a necessity to protect society against predators who whatever age have become a danger to people, women, and children walking around in our society. The saddest thing that I can think of is being someone who is weak in this society, having to live in a neighborhood, walk down a sidewalk and be afraid. Freedom is a very important thing, and we must protect the freedom of those people who don't carry guns and wear armored suits and live in safe neighborhoods because we, with our nonaction about not taking these predators who are criminals, even though they are young, must remove them and put them behind bars to protect society. That's exactly what that prison up in Lake County is designed to do. For every woman and child who lives in those neighborhoods that those predators were removed from, I celebrate this day that maybe one day that they may be able to walk freely through their own neighborhoods.

Committee Reports

The Committee on Appropriations reported

Senate Concurrent Resolution No.55.

A concurrent resolution to increase the total project cost of the Kellogg Community College Great Lakes Fire Training Institute project.

(For text of resolution, see Senate Journal No.90 of 1997, p. 1904.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.61.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Grand Rapids Community College relative to the Grand Rapids Community College Science Facility.

(For text of resolution, see Senate Journal No. 11, p. 152.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.62.

A concurrent resolution to change the scope of the Remodeling and Upgrade of the College of Engineering and Applied Sciences Buildings project at Western Michigan University.

(For text of resolution, see Senate Journal No. 11, p. 153.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.64.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections St. Louis Correctional Facility.

(For text of resolution, see Senate Journal No. 11, p. 154.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.65.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the Mid Michigan Community College Instructional Classrooms, Laboratories, and Student Services Facilities Harrison Campus.

(For text of resolution, see Senate Journal No. 11, p. 155.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.66.

A concurrent resolution approving an increase in the total facility cost and a lease among the State of Michigan, the State Building Authority, and Eastern Michigan University relative to the Eastern Michigan University College of Education Building (Renovation of Existing Library).

(For text of resolution, see Senate Journal No. 11, p. 156.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.67.

A concurrent resolution approving an increase in the total facility cost and a lease among the State of Michigan, the State Building Authority, and Oakland Community College relative to the Oakland Community College Renovation of Building "F".

(For text of resolution, see Senate Journal No. 11, p. 157.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.68.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Animal Agriculture-Farms Buildings Modernization.

(For text of resolution, see Senate Journal No. 11, p. 158.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.69.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Elastomer Institute.

(For text of resolution, see Senate Journal No. 11, p. 159.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.70.

A concurrent resolution to increase the total project cost of the Grand Valley State University School of Business and Graduate Library project.

(For text of resolution, see Senate Journal No. 14, p. 215.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No.71.

A concurrent resolution to increase the total project cost and change the scope of the University of Michigan-Flint Professional Studies and Classroom Building project.

(For text of resolution, see Senate Journal No. 14, p. 216.)

With the recommendation that the concurrent resolution be adopted.

Harry Gast

Chairperson

To Report Out:

Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submits the following:

Meeting held on Wednesday, February 25, 1998, at 2:00p.m., Senate Appropriations Room, Capitol Building

Present: Senators Gast (C), Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert

The Committee on Education reported

House Bill No.5237, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 19 (MCL 29.19).

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.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Schuette, DeGrow, DeBeaussaert and Peters

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Education submits the following:

Meeting held on Wednesday, February 25, 1998, at 1:05p.m., Rooms 402 and 403, Capitol Building

Present: Senators Emmons (C), Schuette, DeGrow, DeBeaussaert and Peters

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees, Subcommittee for Investment Issues submits the following:

Meeting held on Thursday, February 19, 1998, at 1:00p.m., 6th Floor Conference Room, Farnum Building

Present: Senator Schwarz (C)

Excused: Senators Conroy and McManus

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submits the following:

Meeting held on Wednesday, February 25, 1998, at 12:00p.m., Elijah Myers Room, Capitol Building

Present: Senators McManus (C), Emmons, Schwarz and Conroy

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submits the following:

Meeting held on Wednesday, February 25, 1998, at 1:00p.m., Senate Appropriations Room, Capitol Building

Present: Senators Cisky (C), Hoffman and Vaughn

COMMITTEE ATTENDANCE REPORT

The Special Committee on Campaign Finance submits the following:

Meeting held on Thursday, February 26, 1998, at 1:00p.m., Room 405, Capitol Building

Present: Senators Geake (C), McManus, Byrum and Dingell

Scheduled Meetings

Economic Development, International Trade and Regulatory Affairs Committee - Wednesday, March 4, at 1:00p.m., Room 210, Farnum Building (3-7946).

Gaming and Casino Oversight Committee - Wednesday, March 4, at 2:00p.m., 8th Floor Conference Room, Farnum Building (3-2523).

Scheduled Meeting Changed

Families, Mental Health and Human Services Committee - Thursday, March 5, at 8:00a.m., Room 100, Farnum Building (3-1777).

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 10:47a.m.

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Wednesday, March 4, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.