1998-SJ-11-05-067

No. 67

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, November 5, 1998.

10:00a.m.

The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

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

Bennett--present Gast--present Posthumus--present

Berryman--present Geake--present Rogers--present

Bouchard--present Gougeon--present Schuette--present

Bullard--present Hart--present Schwarz--present

Byrum--present Hoffman--present Shugars--present

Cherry--present Jaye--present A. Smith--present

Cisky--present Koivisto--present V. Smith--present

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

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

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

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

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

Emmons--present

Pastor David Hansen of the Immanuel Baptist Church of Roscommon offered the following invocation:

Our heavenly Father, we thank You for Jesus Christ, and we thank You for Calvary. We thank You for Your hand in history. Dear God, we're very proud this morning to stand as Americans, citizens of the greatest country on the earth, and I'm so proud to be called an American and a Christian. Dear God, these men and these women have come and given their lives to serving people, a job that oftentimes, if not unnoticed, is sometimes criticized, sometimes belittled. Dear God, these men and these women spend long hours, long days seeking to make a better life for us.

Dear God, along with being glad to be a Christian, being glad to be an American, I'm glad to be a Michigander. Thank You for allowing me to live all of my life and grow up in this state and now to be able to serve much as these people do. I pray that You bless them today. I pray that You give them wisdom, only the wisdom that God can give. I pray that their decisions would be prudent, just, fair, equitable. I pray for their families today, dear God, each one of these ladies here has a husband or a friend who is maybe doing another job or at home. I pray that You bless them. Each one of these men who is married also has a wife, maybe they have children I pray that You bless them today. May God's hand of blessing fall upon our country. Thank You for allowing us to exercise that great privilege of democracy just Tuesday when we were able to vote; what a shame that more people don't. But Lord, thank You for these people who have given their lives to the political process, and I pray that You would give them wisdom from heaven today as they do God's business and the business of this state. Thank You for Your love, and I pray that You would bless this chamber and these men and these ladies. In Jesus' name. Amen.

Motions and Communications

Senator Emmons entered the Senate Chamber.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

July 28, 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 2:03p.m. this date, administrative rule (98-07-4) for the Department of Corrections, County Jail Services Unit, entitled "Jails and Lockups," effective 15 days hereafter.

October 2, 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 10:07a.m. this date, administrative rule (98-10-1) for the Department of Treasury, Revenue Division, entitled "Intangibles Tax," effective 15 days hereafter.

October 16, 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 11:40 a.m. this date, administrative rule (98-10-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Building Officials, Plan Reviewers, and Inspectors," 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

September 16, 1998

Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six month period ended March 31, 1998.

If you have questions regarding this report, please call me; Michael J Mayhew, C.P.A., Director of Audit Operations; or Michael R. Becker, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.

September 18, 1998

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

Performance Audit of the Reporting of Driver License Points and the Collection and Disposition of Fines and Fees, September 1998.

September 22, 1998

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

Performance Audit of the Intake to Parole Process, Department of Corrections, September 1998.

September 28, 1998

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

Performance Audit of the Request for Proposal for the Children's Specialty and Children's Comprehensive Health Care Plan, Department of Community Health and Department of Management and Budget, September 1998.

October 5, 1998

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

Performance Audit of the Federal Cash Management Improvement Act Program, Department of Treasury, October 1998.

October 20, 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 Military and Veterans Affairs, October 1, 1995, through September 30, 1997.

October 22, 1998

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

Financial Audit of the School Aid Fund, Department of Education, October 1, 1994 through September 30, 1997.

October 26, 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 Michigan Department of State Police, October 1, 1995, through September 30, 1997.

October 29, 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 Corrections, October 1, 1995, through September 30, 1997.

November 2, 1998

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

Performance Audit of Cash Functions, Department of Natural Resources, November 1998.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The following communication was received:

Schoolcraft College

October 12, 1998

As required, we are enclosing a copy of the audited financial statements and the management letter for Schoolcraft College for the fiscal year ended June 30, 1998.

Sincerely,

Jill O'Sullivan, Executive Director

Financial Services

The communication was referred to the Secretary for record.

The following communication was received:

Northern Michigan University

October 19, 1998

Enclosed for your information is a copy of the Financial Report for Northern Michigan University for the year ended June 30, 1998.

Yours very truly,

Michael J. Roy

Vice President

The communication was referred to the Secretary for record.

The Secretary announced that pursuant to rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from April 1, 1998 through June 30, 1998, and are available in the Secretary's office during business hours for public inspection:

Committee Chairperson

Appropriations Senator Harry Gast

Economic Development, International Trade and Senator Bill Schuette

Regulatory Affairs

Education Senator Joanne Emmons

Families, Mental Health and Human Services Senator Joel Gougeon

Farming, Agribusiness and Food Systems Senator George McManus

Finance Senator Joanne Emmons

Financial Services Senator Michael Bouchard

Gaming and Casino Oversight Senator Michael Bouchard

Government Operations Senator Bill Bullard

Health Policy and Senior Citizens Senator Dale Shugars

Human Resources, Labor and Veterans Affairs Senator Mike Rogers

Hunting, Fishing and Forestry Senator Dave Jaye

Judiciary Senator William VanRegenmorter

Local, Urban and State Affairs Senator Leon Stille

Natural Resources and Environmental Affairs Senator Loren Bennett

Technology and Energy Senator Mat Dunaskiss

Transportation and Tourism Senator Walter North

Appropriations Subcommittee on Community Senator Robert Geake

Health

Appropriations Subcommittee on Corrections Senator Jon Cisky

Appropriations Subcommittee on Family Senator Robert Geake

Independence Agency

Appropriations Subcommittee on Higher Senator John Schwarz

Education

Appropriations Subcommittee on State Police Senator Jon Cisky

and Military Affairs

Appropriations Subcommittee on Transportation Senator Philip Hoffman

The Secretary submitted, pursuant to Senate Rule 1.208, the following report on out-of-state travel by Members on Legislative business for the quarter ending September 30, 1998:

Senator John Cherry August 2-5 Attend Midwestern Legislative

Conference of CSG $1,595.85

Indianapolis, IN

Senator Jon Cisky July 19-24 Attend NCSL annual meeting $1,599.50

Las Vegas, NV

Senator Joe Conroy July 19-24 Attend NCSL annual meeting $1,212.12

Las Vegas, NV

Senator Christopher Dingell July 24-27 Attend NCCUSL annual meeting $1,530.56

Cleveland, OH

September 17-20 Attend NCCUSL Uniform $1,542.64

Commercial Code Revision

meeting

Dallas, TX

Senator Mat Dunaskiss August 18-22 Attend ALEC annual meeting $1,918.69

Chicago, IL

Senator Joanne Emmons July 19-23 Attend NCSL annual meeting $1,053.50

Las Vegas, NV

August 18-21 Attend ALEC annual meeting $1,709.35

Chicago, IL

Senator Philip Hoffman August 17-23 Attend ALEC annual meeting $1,133.92

Chicago, IL

Senator Mike Rogers August 18-23 Attend ALEC annual meeting $1,284.38

Chicago, IL

Senator Dale Shugars August 18-21 Attend ALEC annual meeting $1,804.84

Chicago, IL

Senator Alma Smith July 21-23 Attend NCSL annual meeting $1,668.80

Las Vegas, NV

August 2-4 Attend Midwestern Legislative $1,419.25

Conference of CSG Indianapolis, IN

Senator Virgil Smith July 17-26 Attend NCSL annual meeting $1,149.75

Las Vegas, NV

Senator Leon Stille August 19-21 Attend ALEC annual meeting $1,522.07

Chicago, IL

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 24:

House Bill Nos. 4343 5830 5861 5862 5890 5891 5906 5924 5986 5987 6007 6016 6017 6039 6045

The Secretary announced the enrollment printing and presentation to the Governor on Friday, September 25, for his approval the following bill:

Enrolled Senate Bill No.908 at 11:38a.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, September 29, for his approval the following bill:

Enrolled Senate Bill No.677 at 4:06p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, October 7, for his approval the following bills:

Enrolled Senate Bill No.57 at 2:54p.m.

Enrolled Senate Bill No.268 at 2:56p.m.

Enrolled Senate Bill No.269 at 2:58p.m.

Enrolled Senate Bill No.625 at 3:00p.m.

Enrolled Senate Bill No.627 at 3:02p.m.

Enrolled Senate Bill No.776 at 3:04p.m.

Enrolled Senate Bill No.855 at 3:06p.m.

Enrolled Senate Bill No.869 at 3:08p.m.

Enrolled Senate Bill No.870 at 3:10p.m.

Enrolled Senate Bill No.953 at 3:12p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Friday, October 9, for his approval the following bills:

Enrolled Senate Bill No.181 at 11:43a.m.

Enrolled Senate Bill No.778 at 11:45a.m.

Enrolled Senate Bill No.941 at 11:47a.m.

Enrolled Senate Bill No.1025 at 11:49a.m.

Enrolled Senate Bill No.1128 at 11:51a.m.

Enrolled Senate Bill No.1149 at 11:53a.m.

Enrolled Senate Bill No.1209 at 11:55a.m.

The Secretary announced the enrollment printing and presentation to the Governor on Monday, October 12, for his approval the following bill:

Enrolled Senate Bill No.1136 at 3:25p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, October 27, for his approval the following bill:

Enrolled Senate Bill No.209 at 11:30a.m.

The Secretary announced the printing and placement in the members' files on Thursday, September 24 of:

House Bill Nos. 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172

The Secretary announced the printing and placement in the members' files on Monday, September 28 of:

Senate Bill Nos. 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333

House Bill Nos. 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185

The Secretary announced the printing and placement in the members' files on Wednesday, September 30 of:

Senate Bill Nos. 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1352

House Bill Nos. 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213

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

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

The following messages from the Governor were received:

Date: September 30, 1998

Time: 10:05a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.677 (Public Act No.337), being

An act to amend 1963 PA 181, entitled "An act to promote safety upon the public highways by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal certain acts and parts of acts," (MCL 480.11 to 480.22) by adding section 5.

(Filed with the Secretary of State on September 30, 1998, at 11:27a.m.)

Date: October 16, 1998

Time: 10:05a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.269 (Public Act No.345), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 776.22) by adding section 1f to chapter IX.

(Filed with the Secretary of State on October 16, 1998, at 3:15p.m.)

Date: October 16, 1998

Time: 10:07a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.625 (Public Act No.346), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 204a, 219, 233, 320e, and 323 (MCL 257.204a, 257.219, 257.233, 257.320e, and 257.323), section 204a as amended by 1996 PA 102, section 219 as amended by 1985 PA 67, section 233 as amended by 1980 PA 398, section 320e as amended by 1996 PA 493, and section 323 as amended by 1994 PA 449.

(Filed with the Secretary of State on October 16, 1998, at 3:17p.m.)

Date: October 16, 1998

Time: 10:09a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.627 (Public Act No.347), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 258, 319, 602a, and 625m (MCL 257.258, 257.319, 257.602a, and 257.625m), sections 319 and 602a as amended by 1996 PA 587 and section 625m as amended by 1996 PA 491, and by adding section 204b.

(Filed with the Secretary of State on October 16, 1998, at 3:19p.m.)

Date: October 16, 1998

Time: 10:11a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.869 (Public Act No.348), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 727 and 732 (MCL 257.727 and 257.732), section 727 as amended by 1993 PA 301 and section 732 as amended by 1996 PA 493.

(Filed with the Secretary of State on October 16, 1998, at 3:21p.m.)

Date: October 16, 1998

Time: 10:15a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.870 (Public Act No.350), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 320a, 625, and 625c (MCL 257.320a, 257.625, and 257.625c), section 320a as amended by 1996 PA 493, section 625 as amended by 1996 PA 491, and section 625c as amended by 1994 PA 450.

(Filed with the Secretary of State on October 16, 1998, at 3:25p.m.)

Date: October 16, 1998

Time: 10:17a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.953 (Public Act No.351), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 303 and 625a (MCL 257.303 and 257.625a),section 303 as amended by 1996 PA 587 and section 625a as amended by 1996 PA 491.

(Filed with the Secretary of State on October 16, 1998, at 3:27p.m.)

Date: October 16, 1998

Time: 10:25a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.268 (Public Act No.355), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 81134 (MCL 324.81134), as amended by 1996 PA 175.

(Filed with the Secretary of State on October 16, 1998, at 3:35p.m.)

Date: October 20, 1998

Time: 10:00a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.1136 (Public Act No.375), being

An act to amend 1989 PA 292, entitled "An act to authorize local governmental units to create metropolitan councils; to prescribe the powers and duties of metropolitan councils; to authorize metropolitan councils to levy a property tax; and to prescribe penalties and provide remedies," (MCL 124.651 to 124.685) by adding sections 43, 45, 47, 49, 51, 59, 61, and 63.

(Filed with the Secretary of State on October 20, 1998, at 1:42p.m.)

Date: October 21, 1998

Time: 9:34a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.57 (Public Act No.376), being

An act to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 42 (MCL 800.42), as added by 1989 PA 168, and by adding section 44.

(Filed with the Secretary of State on October 21, 1998, at 1:11p.m.)

Date: October 21, 1998

Time: 9:38a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.855 (Public Act No.377), being

An act to amend 1978 PA 34, entitled "An act to revise the laws relating to fences on certain lands and fence viewers; and to repeal certain acts and parts of acts," by amending sections 4, 5, and 6 (MCL 43.54, 43.55, and 43.56).

(Filed with the Secretary of State on October 21, 1998, at 1:13p.m.)

Date: October 21, 1998

Time: 9:40a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.776 (Public Act No.378), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act," by amending section 107 (MCL 211.107), as amended by 1982 PA 539.

(Filed with the Secretary of State on October 21, 1998, at 1:15p.m.)

Date: October 21, 1998

Time: 9:42a.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.778 (Public Act No.379), being

An act to authorize municipalities to collect delinquent property taxes and other delinquent assessments and charges by selling the liens related to delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to establish procedures for collecting delinquent taxes and enforcing tax liens; to authorize the imposition of fees, charges, interest, and penalties upon delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to create certain entities or to utilize certain existing entities to facilitate the sale and purchase of liens related to delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to issue certain obligations secured by liens related to delinquent property taxes and other delinquent assessments and charges; to provide for the issuance of, and terms and conditions for, obligations secured by liens related to delinquent property taxes and other delinquent assessments and charges; and to exempt the property, income, bonds, notes, and interest on bonds and notes of certain entities from certain taxes.

(Filed with the Secretary of State on October 21, 1998, at 1:17p.m.)

Date: October 22, 1998

Time: 4:40p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.1149 (Public Act No.380), being

An act to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 725 (MCL 339.725), as added by 1997 PA 10.

(Filed with the Secretary of State on October 23, 1998, at 10:05a.m.)

Date: October 22, 1998

Time: 4:42p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.1025 (Public Act No.381), being

An act to define certain fruit, vegetable, dairy product, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons.

(Filed with the Secretary of State on October 23, 1998, at 10:07a.m.)

Date: October 22, 1998

Time: 4:50p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.181 (Public Act No.382), being

An act to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 476 and 525 (MCL 330.1476 and 330.1525), as amended by 1995 PA 290.

(Filed with the Secretary of State on October 23, 1998, at 10:09a.m.)

Date: October 22, 1998

Time: 4:55p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.1209 (Public Act No.383), being

An act to amend 1975 PA 238, entitled "An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 18 (MCL 722.638), as added by 1997 PA 168.

(Filed with the Secretary of State on October 23, 1998, at 10:11a.m.)

Date: October 22, 1998

Time: 5:00p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.941 (Public Act No.384), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 41a, 226a, 248, 251, 801, and 807 (MCL 257.41a, 257.226a, 257.248, 257.251, 257.801, and 257.807), sections 41a, 248, 251, and 807 as amended by 1993 PA 300, section 226a as amended by 1996 PA 59, and section 801 as amended by 1997 PA 80.

(Filed with the Secretary of State on October 23, 1998, at 10:13a.m.)

Date: October 22, 1998

Time: 5:05p.m.

To the President of the Senate:

Madam--I have this day approved and signed

Enrolled Senate Bill No.1128 (Public Act No.385), being

An act to amend 1941 PA 250, entitled "An act to provide for the creation of urban redevelopment corporations for the purpose of clearing, replanning, rehabilitating, modernizing, beautifying, and reconstructing substandard and insanitary areas; to provide for the powers and duties of urban redevelopment corporations and certain local units of government; to grant limited tax exemptions and powers of condemnation; and to provide for certain regulations and control by public agencies," by amending section 12 (MCL 125.912) and by adding sections 12a and 12b.

(Filed with the Secretary of State on October 23, 1998, at 10:15a.m.)

Respectfully,

John Engler

Governor

The following message from the Governor was received on October 2, 1998, and read:

EXECUTIVE ORDER

No.1998 - 6

National Guard Assistance

Whereas, on September 26, 1998, severe winds struck the County of Otsego; and

Whereas, the severe winds have resulted in numerous injuries, widespread power outages, debris in streets, and security problems; and

Whereas, the severe winds have caused severe damage to homes, businesses, and public facilities; and

Whereas, I have previously declared a state of disaster to exist in the County of Otsego;

Now, therefore, by virtue of the constitutional authority vested in me as Commander-in-Chief of the military forces of the State of Michigan and pursuant to Section 151 of Act No.150 of the Public Acts of 1967, the Adjutant General is hereby directed to order to active state service, units and individuals of the Michigan National Guard which in his discretion he deems appropriate to meet general mission assignments as determined by the state director of emergency management, or his authorized representative. Units or individuals called to active state service will terminate at such time as determined by the Adjutant General after consultation with the state director of emergency management or his representative.

Further, the Emergency Management Division of the Department of State Police shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard which may be activated to state service to assist local units of government affected pursuant to the Michigan Emergency Management Plan.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this twenty-seventh day of September, in the Year of our Lord, One Thousand Nine Hundred Ninety-eight.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on October 2, 1998, and read:

PROCLAMATION

STATE OF DISASTER

Whereas, on Saturday, September 26, 1998, severe winds struck the County of Ostego resulting in widespread and severe damage; and

Whereas, numerous injuries have resulted from the severe winds; and

Whereas, the severe winds have caused damage to many homes, businesses, public facilities, and caused extensive debris removal problems, placing many citizens in danger; and

Whereas, the conditions causing the disaster resulted from a natural cause; and

Whereas, the County of Otsego has declared a local state of emergency and activated the disaster response and recovery aspects of their emergency operations plan to cope with the situation;

Now, therefore, I John Engler, Governor of the State of Michigan, pursuant to the Constitution of the State of Michigan and provisions of Act No.390 of the Public Acts of 1976, as amended by public Act No.50 of 1990, do hereby proclaim a state of disaster exists in the aforementioned local political subdivision; and

Further, the Emergency Management Division of the Department of State Police shall coordinate and maximize all state efforts which may be activated to state service to assist the local political subdivision and may call upon all state departments to utilize resources at their avail to assist in the disaster area pursuant to the Michigan Emergency Management Plan; and

Further, termination of this disaster will occur at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of this disaster, but in no case longer than October 11, 1998, unless extended as provided by Act No.390.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this twenty-seventh day of September, in the Year of our Lord, One Thousand Nine Hundred Ninety-eight.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Proclamation was referred to the Secretary for record.

The following messages from the Governor were received and read:

September 24, 1998

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

Michigan Tax Tribunal

Mr.Michael A. Stimpson, 121 E. Summit, Chelsea, Michigan 48118, county of Washtenaw, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2002.

September 24, 1998

There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:

Workers' Compensation Appellate Commission

Mr.James Edward Wyszynski, Jr., 912 Cedar Street, Grand Ledge, Michigan 48837, county of Eaton, as a member representing the general public, succeeding himself, for a term expiring on October 1, 2002.

Ms.Joy L. Witte, 904 Turner Street, DeWitt, Michigan 48820, county of Clinton, as a member representing the general public, succeeding herself, for a term expiring on October 1, 2002.

September 28, 1998

There are herewith presented for consideration and confirmation by the Senate, the following appointments and reappointments to office:

Michigan Board of Counseling

Mrs.Barbara K. Globensky, 355 Ridgeway, St. Joseph, Michigan 49085, county of Berrien, as a member representing the general public, succeeding herself, for a term expiring on June 30, 2002.

Mr.Patrick J. McGraw, 5220 Overhill, Saginaw, Michigan 48603, county of Saginaw, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2002.

Mr.Robert L. Carr, 915 Patricia, Ann Arbor, Michigan 48103, county of Washtenaw, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2002.

Mr.Michael J. Wood, 7716 Tobemory Court, S.E., Ada, Michigan 49301, county of Kent, as a member representing the general public, succeeding Mr.Ronald Irwin Fredman of Lansing, who has resigned, for a term expiring on June 30, 2001.

Dr.John M. Rinke, 9021 Apple Orchard, Fenton, Michigan 48430, county of Genesee, as a member representing the administration of counseling services, succeeding Mr.Kenneth R. Behmer of Marshall, who has resigned, for a term expiring on June 30, 1999.

September 29, 1998

There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:

Board of Mechanical Rules

Mr.James J. Lapham, 4739 Rayfore Drive, Commerce, Michigan 48382, county of Oakland, as a member representing organized labor, succeeding himself, for a term expiring on October 1, 2000.

Mr.Maurice Bouchard, 33599 Colony Park Drive, Farmington Hills, Michigan 48331, county of Oakland, as a member representing HVAC equipment, succeeding himself, for a term expiring on October 1, 2000.

Mr.David Joseph Baker, P.O. Box 111, Kinross, Michigan 49752, county of Chippewa, as a member representing unlimited refrigeration and air conditioning service, succeeding himself, for a term expiring on October 1, 2000.

Mr.James A. Arnold, 443 N. Main Street, Marine City, Michigan 48039-3438, county of St. Clair, as a member representing refrigeration, succeeding himself, for a term expiring on October 1, 2000.

Mr.Thomas L. Vander Hyde, 2871 Four Mile Road, NW, Grand Rapids, Michigan 49544, county of Kent, as a member representing limited refrigeration and air conditioning service, succeeding himself, for a term expiring on October 1, 2000.

Mr.Lawrence James Wood, 3662 Collingwood, SW, Wyoming, Michigan 49507, county of Kent, as a member representing professional mechanical engineers, succeeding himself, for a term expiring on October 1, 2000.

Mr.Michael J. Lawrence, 21624 Greydale Court, Detroit, Michigan 48219-1847, county of Wayne, as a member representing fire suppression, succeeding himself, for a term expiring on October 1, 2000.

October 1, 1998

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

Michigan Board of Occupational Therapists

Mr.Donald C. Bielski, 603 Cherry Street, Manistee, Michigan 49660, county of Manistee, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2001.

Dr.Richard G. Cooper, 3762 Arbutus Trail, Kalamazoo, Michigan 49008, county of Kalamazoo, as a member representing professionals, succeeding himself, for a term expiring on December 31, 2001.

Mrs.Laura V. Miller, 50350 Hanford, Canton, Michigan 48187, county of Wayne, as a member representing the general public, succeeding herself, for a term expiring on December 31, 2001.

Mr.John B. Plowman, 202 Meadowdale Lane, Perry, Michigan 48872, county of Shiawassee, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2001.

Ms.Minte Merck, 15740 Hubbell, Detroit, Michigan 48227, county of Wayne, as a member representing professionals, succeeding Ms.Gail Ann Shafer-Crane of Lansing, whose term has expired, for a term expiring on December 31, 2001.

October 14, 1998

There are herewith presented for consideration and confirmation by the Senate, the following appointments to office:

Athletic Board of Control

Mr.David A. Sebastian, 1174 Lakeside, Birmingham, Michigan 48009, county of Oakland, as a member representing professionals, succeeding Mr.Bernard K. Teachout of Flint, who has resigned, for a term expiring on March 30, 2002.

Mr.Thomas F. Paruszkiewicz, 14067 Carlisle, Detroit, Michigan 48205-1204, county of Wayne, as a member representing professionals, succeeding Mr.Dale C. Grable of Clarkston, who has resigned, for a term expiring on March 30, 2000.

Mr.Jim R. Edwards, 1288 Glen Court, Highland, Michigan 48357, county of Oakland, as a member representing the general public, succeeding Mr.David A. Sebastian of Birmingham, whose term has expired, for a term expiring on March 30, 2002.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was received and read:

APPROPRIATIONS; DEPARTMENT OF COMMUNITY HEALTH

September 30, 1998

Today I have signed Enrolled Senate Bill 908, the fiscal year 1999 appropriation bill for the Department of Community Health. However, I am returning it to you because of items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific items vetoed are contained within the attached copy of the bill, which has been filed with the Secretary of State.

The bill you sent me has many positive aspects, but it also deviates in a number of ways from my recommendations. Significantly, the bill continues to fund the expansion of children's health insurance, the MIChild program, and supports full funding of community mental health services and the conversion of our mental health services delivery system into a managed care operation.

Unfortunately, this bill fails to include $44 million, $19 million general fund, in funding needed to pay for known Medicaid costs. I have directed the Office of the State Budget Director and the Department of Community Health to closely monitor Medicaid spending and to be prepared to implement reimbursement reductions if these unfunded costs cannot be offset by surpluses in other accounts.

In addition, I have vetoed the following provisions:

* Section 352 is vetoed because it inappropriately funds a program in the Department of Community Health to evaluate substance abuse services in the Department of Corrections.

* Sections 1119 and 1688 are vetoed because they make contingent appropriations. Even worse, if the conditions were not met, the effect would be to cause appropriations for this department to exceed agreed upon levels--in effect, backdoor budget busting.

* Section 1410 is vetoed because the late passage of this appropriations bill makes it impossible to issue a new contract by October 15, 1998. Had this bill been passed in July, this provision would have been attainable.

I appreciate the Legislature's cooperation in the development of this appropriations bill.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on September 30, 1998, at 10:00a.m. (Filed with the Secretary of State on September 30, 1998, at 11:25a.m.) and assigned Public Act No.336.

The question being on the passage of the vetoed line items, the objections of the Governor to the contrary notwithstanding,

Senator DeGrow moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

Messages from the House

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

Senate Bill No.386

Senate Bill No.866

Senate Bill No.874

House Bill No.4259

House Bill No.5261

House Bill No.5317

The motion prevailed.

Senate Bill No.181, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 476 and 525 (MCL 330.1476 and 330.1525), as amended by 1995 PA 290.

(For Conference Report, see Senate Journal No.66, p. 1812.)

The House of Representatives has adopted the report of the Committee of Conference.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor on September 24, 1998.

Senate Bill No.485, entitled

A bill to repeal 1953 PA 173, entitled "An act to provide for the regulation of garbage and the feeding of garbage to swine; to provide for the powers and duties of the Michigan department of agriculture with respect thereto; and to prescribe penalties for the violations of the provisions of this act," (MCL 287.401 to 287.409).

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

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

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

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

Senate Bill No.1030, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 906.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The Senate agreed to the full title.

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

Senate Bill No.1173, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1992 PA 238.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The Senate agreed to the full title.

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

Senate Bill No.1209, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 18 (MCL 722.638), as added by 1997 PA 168.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor on September 24, 1998.

Senate Bill No.184, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.

The House of Representatives has appointed Reps. Palamara, Schauer and Hammerstrom as conferees to join with Senators Cisky, Shugars and Byrum.

The bill was referred to the Conference Committee on September 24, 1998.

Senate Bill No.623, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 40.

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

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," (MCL 169.201 to 169.282) by adding section 65a.

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

Senate Bill No.728, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 509 (MCL 324.503 and 324.509), section 503 as amended by 1996 PA 133.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding part 831.

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

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.71

Senate Resolution No.178

The motion prevailed.

Senate Resolution No.213.

A resolution to memorialize the Congress of the United States to enact the Automobile National Heritage Area Act.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Concurrent Resolution No.89.

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 State Prison of Southern Michigan Reorganization Project - Phase II.

The Assistant Secretary of the Senate made the following statement:

Madam President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.751 Yeas--36

Bennett DeGrow Jaye Schwarz

Berryman Dingell Koivisto Shugars

Bouchard Dunaskiss McManus Smith, A.

Bullard Emmons Miller Smith, V.

Byrum Gast North Steil

Cherry Geake Peters Stille

Cisky Gougeon Posthumus VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--0

Excused--1

O'Brien

Not Voting--0

In The Chair: President

Senate Concurrent Resolution No.95.

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 Control of Grand Valley State University relative to the Grand Valley State University School of Business and Graduate Library.

The Secretary of the Senate made the following statement:

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.752 Yeas--36

Bennett DeGrow Jaye Schwarz

Berryman Dingell Koivisto Shugars

Bouchard Dunaskiss McManus Smith, A.

Bullard Emmons Miller Smith, V.

Byrum Gast North Steil

Cherry Geake Peters Stille

Cisky Gougeon Posthumus VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--0

Excused--1

O'Brien

Not Voting--0

In The Chair: President

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

Senate Resolution No. 238

The resolution consent calendar was adopted.

Senator Young offered the following resolution:

Senate Resolution No.238.

A resolution honoring Gene Gonya on his retirement from the Gleaners Community Food Bank.

No man or woman can really be strong, gentle,
pure, and good without the world being better

for it.

--Phillips Brooks

Whereas, It is a privilege to acknowledge the commitment and leadership of Gene Gonya as he brings to a close 21 years of dedicated service to the poor and hungry in southeast Michigan. He is certainly deserving of our gratitude and praise for his contributions in helping to meet the needs of our community. We share the sentiments expressed as his many friends, family, and colleagues wished him well; and

Whereas, Mr.Gonya is credited with not only co-founding Gleaners Community Food Bank, but also the Second Harvest National Food Bank Network and the Food Bank Council of Michigan. His commitment to solicit surplus food, store it safely, and distribute it to the agencies that are the direct providers to the hungry is truly commendable; and

Whereas, Today, Gleaners Community Food Bank collects and distributes over 15 million pounds of food yearly to nearly 300 social service agencies serving the hungry throughout southeast Michigan. Under his leadership and guidance, numerous food banks and agencies have been established to assist in serving those in need; and

Whereas, Mr.Gonya also gives of his time and expertise serving on the advisory committees and boards of many community human service organizations, including COTS and the Mariner's Inn. He also serves on St. Lucy's Parish Council in St. Clair Shores. In his spare time, Mr.Gonya enjoys windsurfing, downhill skiing, and roller blading with his wife, Judy; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of tribute be accorded to Gene Gonya upon the occasion of his retirement after 21 years of distinguished service to the residents of southeast Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Gene Gonya as evidence of our support.

Senators Conroy, Young, A. Smith, Peters, Vaughn, Cisky, V. Smith and O'Brien offered the following concurrent resolution:

Senate Concurrent Resolution No.94.

A concurrent resolution to urge the publishers of Merriam-Webster dictionaries to remove racially derogatory words from future editions.

Whereas, For the well over two hundred years of our existence, our nation has grappled with racism and oppression of people on the basis of race, religion, national origins, or economic disadvantage. In several ways, otherwise respected institutions have contributed, unintentionally in many cases, to perpetuating discriminatory ideas. This has helped make certain terms, practices, and attitudes more acceptable; and

Whereas, Recently, some of the definitions used by Merriam-Webster in highly visible dictionaries have drawn the attention of many people. Dignifying hateful terms with a definition--especially without a clear description of their terrible purpose--only serves to keep these words in common usage, including in other printed materials; and

Whereas, Dictionaries are a common tool for students working on school assignments at home or in the classroom. As children learn their lessons, it is imperative that prejudice, which is, in fact, a learned trait also, not be encouraged or condoned in any way. A young person encountering definitions of discriminatory words among all other words may well be more inclined to accept their use. Even adults can become more accepting of some terms when they are seen regularly in print; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the publishers of Merriam-Webster dictionaries to remove racially derogatory words from future editions; and be it further

Resolved, That copies of this resolution be transmitted to officials of Merriam-Webster and other dictionary publishers.

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

Senators Hoffman, Berryman, McManus and Hart were named co-sponsors of the concurrent resolution.

Senators Conroy, Young, A. Smith, Peters, Vaughn, Cisky, V. Smith and O'Brien offered the following resolution:

Senate Resolution No.221.

A resolution to urge the publishers of Merriam-Webster dictionaries to remove racially derogatory words from future editions.

Resolved by the Senate, That we urge the publishers of Merriam-Webster dictionaries to remove racially derogatory words from future editions; and be it further

Resolved, That copies of this resolution be transmitted to officials of Merriam-Webster and other dictionary publishers.

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

Senators Hart, Berryman, Hoffman and McManus were named co-sponsors of the resolution.

Senators Stille, McManus, Gougeon and Bennett offered the following concurrent resolution:

Senate Concurrent Resolution No.96.

A concurrent resolution to memorialize the Congress and the President of the United States to enact legislation to require all agricultural products imported into our country to be labeled to show the country of origin.

Whereas, In recent years, Americans have become more aware of the risks involved with contamination of food. Reports of problems in several areas of the country with a variety of types of food have raised the level of public consciousness about the seriousness of the public health issue of food safety; and

Whereas, Apart from the obvious public health concerns, there are major financial ramifications every time there are reports of problems, illnesses, or deaths. When these situations arise, the damage often extends far beyond the food item or the area involved. Farms and food processors and handlers in Michigan or any other state can be hurt severely by disparaging news about a food item from another continent, while the same item grown and handled here is entirely safe; and

Whereas, Stronger steps in public information must be taken to minimize the harm done to food producers in our country. A key measure is to require that all foods imported into the country be clearly labeled to show the country of origin. Use of "Country of Origin," "Origins of Production," or a similar term can provide increased protection for both the public's health and American agriculture; and

Whereas, As a state that produces more types of crops than almost any other state in the nation, Michigan has a strong stake in efforts to help consumers make wise decisions on what they buy and eat. A requirement for proper labeling of food origins is a key step to take for many reasons; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress and the President of the United States to enact legislation to require all agricultural products imported into our country to be labeled to show the country of origin; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator DeGrow moved that the concurrent resolution be referred to the Committee on Farming, Agribusiness and Food Systems.

The motion prevailed.

Senators Young, Hoffman, Schuette, Schwarz and Berryman were named co-sponsors of the concurrent resolution.

Senators Stille, McManus, Gougeon and Bennett offered the following resolution:

Senate Resolution No.223.

A resolution to memorialize the Congress and the President of the United States to enact legislation to require all agricultural products imported into our country to be labeled to show the country of origin.

Resolved by the Senate, That we memorialize the Congress and the President of the United States to enact legislation to require all agricultural products imported into our country to be labeled to show the country of origin; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Farming, Agribusiness and Food Systems.

The motion prevailed.

Senators Hoffman, Young, McManus, Shugars and Berryman were named co-sponsors of the resolution.

Senators North, Koivisto, McManus, Young, Stille and Byrum offered the following resolution:

Senate Resolution No.225.

A resolution to support the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

Whereas, Michigan is a state with a strong respect for the sacrifices of the men and women who came before us and built the life we know today. One of the best examples of this is the interest our citizens have in the lore of the lakes. The Great Lakes Shipwreck Museum at Whitefish Point attracts 80,000 visitors per year and fosters admiration for our maritime heritage throughout all areas of Michigan; and

Whereas, A proposal is being developed to establish a Great Lakes Mariners' Memorial to perpetuate the memory of those who have been lost on the lakes over the generations. This ambitious undertaking reflects a deep understanding of the fact that our state's progress in all manner of commerce, settlement, and transportation is the direct result of the courage of many brave people; and

Whereas, The Whitefish Point location is an ideal place for a mariners' memorial. In this region along Lake Superior, numerous famous ships and countless unknown craft were lost. As the spot where the Edmund Fitzgerald sank in 1976, it ties together the losses of pioneers, Native Americans, immigrants, and travelers of long ago with the perils of modern shipping; and

Whereas, Plans for the Great Lakes Mariners' Memorial include technology to educate visitors on the history of lake travel. The facility is to include research capabilities and a data base of information on those known to have been lost on the lakes. Clearly, Michigan will benefit from this effort; now, therefore, be it

Resolved by the Senate, That we support the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Transportation and Tourism.

The motion prevailed.

Senators Hoffman, Vaughn, Shugars, Berryman, Schwarz and Dunaskiss were named co-sponsors of the resolution.

Senators North, Koivisto, McManus, Young, Stille and Byrum offered the following resolution:

Senate Resolution No.226.

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

Whereas, There are no more vivid symbols of Michigan's heritage as the Great Lake State than the lighthouses that dot the coastlines along America's inland seas. Michigan has 123 lighthouses, more than any other state in the country, and our citizens have enormous respect for the role these beacons have filled in contributing to safe passage on the lakes. The state has adopted the lighthouse as its image for a variety of materials, including numerous tourism materials; and

Whereas, Michigan adjoins four of the five Great Lakes, more than any other state. Mackinaw City is located where two of the Great Lakes meet and within sixty miles of a third. Mackinaw City is well known for its commitment to historic preservation. The Straits of Mackinac area has been illuminated by dozens of lighthouses, and twenty-one still stand within forty miles of the community. Mackinaw City attracts 1.7 million vacation trips annually; and

Whereas, Tourism is one of the cornerstones of Michigan's economy. Nearly 400,000 jobs and $9 billion of tourism revenues are generated each year. Much of our state's strength in attracting visitors from the region and elsewhere is based on our natural resources and respect for our history; and

Whereas, The State Ferry Dock at Mackinaw City, a former industrial site, offers an excellent option for development for a lighthouse museum facility, which is expected to attract 250,000 visitors, to create sixty-five full-time jobs, and to add $20 million to the economy annually. The proposed dock site is a prime spot for tourist development. It is a dramatic location typical of lighthouses and near a heavily traveled shipping lane. Clearly, a lighthouse museum is a project with much to offer our state; now, therefore, be it

Resolved by the Senate, That we support the establishment of a Great Lakes Lighthouse Center and Museum on the State Ferry Dock at Mackinaw City.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Transportation and Tourism.

The motion prevailed.

Senators Hoffman, Schwarz and Dunaskiss were named co-sponsors of the resolution.

Senators Emmons and Stille offered the following concurrent resolution:

Senate Concurrent Resolution No.97.

A concurrent resolution to memorialize the Congress of the United States to commence hearings on the impeachment of the President.

Whereas, With the release of the report of the independent prosecutor on the actions of President Clinton, the country is learning the extent of the allegations and supporting evidence of violations of the office and illegalities. The report discusses actions that include several grounds for impeachment, including perjury, tampering with witnesses, obstructing justice, and concealing evidence; and

Whereas, The country has already endured a prolonged and painful period of investigations, testimony, and legal actions. The prospect of months and months of legal wrangling does little to hearten the American people. A lengthy process can only serve to further erode the trust of the public in the institution of government. This trust has been shattered already with regard to the highest office in the land; and

Whereas, With the problems developing in many parts of the world and the increasing instability in several financial markets, the country needs to focus its resources and attention. Delays in dealing with the crisis facing the presidency can result in great harm in many ways. The people of this country deserve a swift resolution of the charges against the President; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to commence hearings on the impeachment of the President as soon as possible; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senator Hoffman was named co-sponsor of the concurrent resolution.

Senators Emmons and Stille offered the following resolution:

Senate Resolution No.228.

A resolution to call on the President of the United States to resign from office.

Whereas, The Starr report delivered to the Congress of the United States chronicles the illegal activity of the President of the United States in several areas. The allegations, supported by what seems to be a mountain of evidence, include eleven potential grounds for impeachment. The accusations range from obstruction of justice and witness tampering to perjury and concealing evidence; and

Whereas, The next steps of the process of dealing with the results of the report include consideration by the House Judiciary Committee. This marks the beginning of what could be a prolonged engagement of the legislative branch of government; and

Whereas, The people of the United States have the right to expect their President to represent them with the dignity, honesty, and decency befitting the office and the trust we extend. The President, by his own admission and the investigation recently concluded, has clearly violated the trust of the American people. His actions have also made it far less likely that he can represent the best interests of our nation as it faces both domestic and international challenges; and

Whereas, The country would not be served well by protracted legal actions on the process of impeachment of the President for high crimes and misdemeanors. It is in the best interests of the country to avoid any more damage; now, therefore, be it

Resolved by the Senate, That we call on the President of the United States to resign from office; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the President of the United States.

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

Senator Hoffman was named co-sponsor of the resolution.

Senators Emmons and Stille offered the following concurrent resolution:

Senate Concurrent Resolution No.98.

A concurrent resolution to call on the President of the United States to resign from office.

Resolved by the Senate (the House of Representatives concurring), That we call on the President of the United States to resign from office; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the President of the United States.

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

Senator Hoffman was named co-sponsor of the concurrent resolution.

Senators Emmons and Stille offered the following resolution:

Senate Resolution No.227.

A resolution to memorialize the Congress of the United States to commence hearings on the impeachment of the President.

Resolved by the Senate, That we memorialize the Congress of the United States to commence hearings on the impeachment of the President as soon as possible; and be it further

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

Senator Hoffman was named co-sponsor of the resolution.

Senators DeBeaussaert and Dingell offered the following resolution:

Senate Resolution No.234.

A resolution to urge the Federal Communications Commission (FCC) to adopt RM-9242 to create a new service of small, locally-owned FM stations.

Whereas, Twenty years ago, the FCC stopped issuing new "Class D" broadcasting licenses (stations of less than 100 watts). Today, to launch a station the FCC will consider licensing a minimum investment of $80,000 - $100,000, making it too difficult for the general public to launch a radio station; and

Whereas, A national grassroots movement has emerged to re-legalize community radio. A formal rule-making petition, RM-9242, would create a new service of small, locally-owned FM stations. This rule is now before the FCC; and

Whereas, Incorporation of our local airwaves is by far the main factor behind the withering of our state's once-thriving music industry, the home of Motown. Detroit's commercial stations devote under one percent of their air time to locally-produced music. The same thing is happening countrywide; and

Whereas, The result has been devastating to not only musicians, but also local clubs, music stores, record stores, studios, labels, and publishers; indeed, the entire local music economy; now, therefore, be it

Resolved by the Senate, That we memorialize the Federal Communications Commission to adopt RM-9242; and be it further

Resolved, That copies of this resolution be transmitted to the FCC chairman, William Kennard, and to the "Michigan Music is World Class" Campaign.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Technology and Energy.

The motion prevailed.

Senators A. Smith, Peters, Hoffman and Young were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senator Bouchard introduced

Senate Bill No.1346, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1997 PA 193.

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

Senator Hart introduced

Senate Bill No.1347, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21781 (MCL 333.21781) and by adding sections 21722 and 21723.

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

Senator North introduced

Senate Bill No.1348, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16277 and 20190.

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

Senator Bennett introduced

Senate Bill No.1349, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 107 (MCL 55.107), as amended by 1997 PA 60.

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

Senator Dingell introduced

Senate Bill No.1350, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 3.

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

Senators DeBeaussaert, Hart and Byrum introduced

Senate Bill No.1351, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310.

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

Senator DeBeaussaert introduced

Senate Bill No.1353, entitled

A bill to establish an energy efficiency loan program; and to prescribe the powers and duties of certain state agencies and officials.

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

Senator DeBeaussaert introduced

Senate Bill No.1354, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," (MCL 141.1051 to 141.1077) by adding section 16c.

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

Senator DeBeaussaert introduced

Senate Bill No.1355, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 253a.

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

Senator Jaye introduced

Senate Bill No.1356, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74103 (MCL 324.74103), as added by 1995 PA 58.

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

Senators Bullard and Emmons introduced

Senate Bill No.1357, entitled

A bill to amend 1952 PA 175, entitled "An act to authorize incorporated cities and villages to borrow money and issue bonds in anticipation of future payments from the motor vehicle highway fund, for any purpose or purposes for which said funds may be used and for the purpose of refunding such bonds; authorizing the pledging of the faith and credit of the issuing city or village, upon proper resolution of its governing body, as additional security for the payment of said bonds; and to prescribe procedures and conditions relative to the issuance of such bonds," by amending sections 1 and 4 (MCL 247.701 and 247.704), section 1 as amended by 1983 PA 117 and section 4 as amended by 1996 PA 125.

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

House Bill No.4343, entitled

A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and section 3 (MCL 252.303) and by adding sections 18a and 20.

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

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

House Bill No.5830, entitled

A bill to provide for the development, promotion, and maintenance of children's summer reading programs in public libraries; to prescribe the powers and duties of certain state agencies and officials; and to provide an appropriation.

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

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

House Bill No.5861, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411e (MCL 750.411e), as added by 1988 PA 476, and by adding section 552c.

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.

House Bill No.5862, entitled

A bill to amend 1905 PA 80, entitled "An act to authorize and empower certain state departments, and the board of control, board of trustees or governing board of certain state institutions, or the governing body of a municipal corporation, to make, prescribe and enforce rules and regulations for the care, order and preservation of buildings or property dedicated and appropriated to the public use and the conduct of those coming upon the property thereof; to prescribe penalties for a violation thereof and to repeal all acts or parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 19.142), as amended by 1996 PA 231.

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.

House Bill No.5890, entitled

A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.

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

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

House Bill No.5891, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," (MCL 408.751 to 408.776) by adding section 7c.

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

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

House Bill No.5906, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," (MCL 450.2101 to 450.3192) by adding section 501a.

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

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

House Bill No.5924, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621).

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 Health Policy and Senior Citizens.

House Bill No.5986, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 179.

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 Health Policy and Senior Citizens.

House Bill No.5987, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 82.

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

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

House Bill No.6007, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21543 (MCL 324.21543).

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

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

House Bill No.6016, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1997 PA 194.

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.6017, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

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.6039, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1989 PA 194.

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

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

House Bill No.6045, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7d (MCL 211.7d), as amended by 1987 PA 200.

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.

By unanimous consent the Senate returned to the order of

Messages from the House

The House of Representatives requested the return of

Senate Bill No.1170, entitled

A bill to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 226 (MCL 330.1226), as amended by 1996 PA 588.

Senator DeGrow moved that the request of the House be granted.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator DeGrow moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on its immediate passage:

Senate Bill No.1228

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

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.1228, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 10204 (MCL 333.10204), as amended by 1988 PA 63.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

Senator Stille offered the following amendments to the substitute:

1. Amend page 2, line 24, by striking out all of subsection (4) and inserting:

"(4) AN INDIVIDUAL WHO SURGICALLY REMOVES A HUMAN ORGAN FOR TRANSPLANTATION, IMPLANTATION, INFUSION, INJECTION, OR ANY OTHER MEDICAL OR SCIENTIFIC PURPOSE SHALL PERFORM THE SURGERY ONLY IN A HOSPITAL LICENSED UNDER ARTICLE 17 OR IN ANOTHER FACILITY APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH.

(5) AN INDIVIDUAL WHO VIOLATES SUBSECTION (3) OR (4) IS GUILTY OF A FELONY." and renumbering the remaining subsections.

2. Amend page 3, line 17, by striking out "(5)(A)" and inserting "(6)(A)".

The amendments to the substitute were adopted.

Senator Cherry moved that Senator V. Smith be temporarily excused from the balance of today's session.

The motion prevailed.

The substitute, as amended, was adopted, a majority of the members serving voting therefor.

Senator V. Smith entered the Senate Chamber.

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.753 Yeas--36

Bennett DeGrow Jaye Schwarz

Berryman Dingell Koivisto Shugars

Bouchard Dunaskiss McManus Smith, A.

Bullard Emmons Miller Smith, V.

Byrum Gast North Steil

Cherry Geake Peters Stille

Cisky Gougeon Posthumus VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--0

Excused--1

O'Brien

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Committee Reports

The Committee on Farming, Agribusiness and Food Systems reported

Senate Bill No.1307, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 10, 17, and 18 (MCL 431.310, 431.317, and 431.318).

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.

George A. McManus, Jr.

Chairperson

To Report Out:

Yeas: Senators McManus, Stille, Gougeon and Byrum

Nays: None

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

The Committee on Farming, Agribusiness and Food Systems reported

Senate Bill No.1314, entitled

A bill to amend 1951 PA 90, entitled "An act to regulate the conducting of racing meets in the state of Michigan; to provide for the possession, control and disposition of funds held by licensees for the payment of outstanding winning tickets not claimed or demanded by the lawful owners of such funds; and to prescribe penalties for violations of the provisions of this act," by amending sections 2, 3, and 4 (MCL 431.252, 431.253, and 431.254); 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.

George A. McManus, Jr.

Chairperson

To Report Out:

Yeas: Senators McManus, Stille, Gougeon and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Farming, Agribusiness and Food Systems reported

House Bill No.5057, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50 (MCL 750.50), as amended by 1996 PA 458.

With the recommendation that the bill pass.

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

George A. McManus, Jr.

Chairperson

To Report Out:

Yeas: Senators McManus, Stille, Gougeon and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Farming, Agribusiness and Food Systems reported

House Bill No.5792, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 22.

With the recommendation that the bill pass.

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

George A. McManus, Jr.

Chairperson

To Report Out:

Yeas: Senators McManus, Stille, Gougeon and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Farming, Agribusiness and Food Systems reported

House Bill No.5793, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9307, 9308, 9310, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9307, 324.9308, 324.9310, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9304a; 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.

George A. McManus, Jr.

Chairperson

To Report Out:

Yeas: Senators McManus, Stille, Gougeon and Byrum

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No.5637, entitled

A bill to create the Michigan freedom trail commission; and to prescribe the powers and duties of certain state departments, agencies, commissions, and officers.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Leon Stille

Chairperson

To Report Out:

Yeas: Senators Stille, Dunaskiss, Bennett and Hart

Nays: None

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

The Committee on Transportation and Tourism reported

Senate Bill No.1046, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Walter North

Chairperson

To Report Out:

Yeas: Senators North, Jaye and Hart

Nays: Senator Stille

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

The Committee on Transportation and Tourism reported

House Bill No.4139, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 716 (MCL 257.716), as amended by 1980 PA 311.

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.

Walter North

Chairperson

To Report Out:

Yeas: Senators North, Stille, Jaye and Hart

Nays: None

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

The Committee on Transportation and Tourism reported

House Bill No.4983, entitled

A bill to provide for certain liens on certain marine property repair, service, or storage in marinas, boatyards, and marine repair facilities; to provide for the sale of certain property subject to a lien; to provide for the liability of certain persons; to provide for powers and duties of certain state departments; and to provide for the enforcement of this act.

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.

Walter North

Chairperson

To Report Out:

Yeas: Senators North, Stille, Jaye, and Hart

Nays: None

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

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No.774, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending sections 1, 3, 6, and 9 (MCL 257.1401, 257.1403, 257.1406, and 257.1409).

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.

Bill Schuette

Chairperson

To Report Out:

Yeas: Senators Schuette, Shugars and Peters

Nays: None

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

The Committee on Hunting, Fishing and Forestry reported

Senate Bill No.1143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 35105 (MCL 324.35105), as amended by 1996 PA 290.

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

1. Amend page 2, line 23, after "PICK" by striking out "WILD MUSHROOMS" and inserting a comma and "FOR PERSONAL CONSUMPTION, NOT MORE THAN 1 BUSHEL OF WILD MUSHROOMS PER DAY".

Dave Jaye

Chairperson

To Report Out:

Yeas: Senators Jaye, McManus and Dingell

Nays: Senator Byrum

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

The Committee on Hunting, Fishing and Forestry reported

Senate Bill 1024, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1503.

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.

Dave Jaye

Chairperson

To Report Out:

Yeas: Senators Jaye, McManus and Dingell

Nays: Senator Byrum

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

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.908 submits the following:

Meeting held on Wednesday, September 15, 1998, at 9:15a.m., Senate Appropriations Room, Capitol Building

Present: Senators Geake (C), Schwarz and Conroy

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5596 submits the following:

Meeting held on Wednesday, September 16, 1998, at 11:00a.m., House Appropriations Committee Room, Capitol Building

Present: Senators DeGrow (C), Steil and A. Smith

COMMITTEE ATTENDANCE REPORT

The Legislative Council submits the following:

Meeting held on Tuesday, September 22, 1998, at 12:30p.m., Senate Appropriations Room, Capitol Building

Present: Senators Posthumus (C), DeGrow, Schwarz, Cherry, Steil, V. Smith and O'Brien

Excused: Senators Cisky and Schuette

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submits the following:

Meeting held on Wednesday, September 23, 1998, at 12:00p.m., Elijah Myers Room, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5516 submits the following:

Meeting held on Thursday, September 24, 1998, at 5:50p.m., Senate Appropriations Room, Capitol Building

Present: Senators DeGrow (C), Schwarz and Conroy

COMMITTEE ATTENDANCE REPORT

The Committee on Financial Services submits the following:

Meeting held on Friday, September 25, 1998, at 3:00p.m., Birmingham City Hall, Commission Room, 151 Martin, Birmingham, Michigan

Present: Senator Bouchard (C)

Excused: Senators Bennett, Bullard, Berryman and Miller

COMMITTEE ATTENDANCE REPORT

The Trial Court Assessment Commission submits the following:

Meeting held on Friday, October 9, 1998, at 10:00a.m., 8th Floor Conference Room, Farnum Building

Present: Senator Dingell

Excused: Senator VanRegenmorter

COMMITTEE ATTENDANCE REPORT

The Trial Court Revision Subcommittee on Alternative Dispute Resolution, Trial Court Assessment Commission, submits the following:

Meeting held on Thursday, October 22, 1998, at 9:30a.m., 8th Floor Conference Room, Farnum Building

Excused: Senator Dingell

Scheduled Meetings

Administrative Rules Joint Committee - Thursday, November 12, at 9:00a.m., Rooms 402 and 403, Capitol Building (3-6476).

Appropriations Committee - Tuesday, November 10, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Capital Outlay Joint Subcommittee - Tuesday, November 10, at 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Conference Committee on House Bill No.4738 - Tuesday, November 10, at 1:00p.m., Rooms 425 and 426, Capitol Building (3-7946).

Conference Committee on House Bill No.4740 - Tuesday, November 10, at 1:00p.m., Rooms 425 and 426, Capitol Building (3-7946).

Conference Committee on Senate Bill No.313 - Tuesday, November 10, at 1:00p.m., Room 210, Farnum Building (3-1635).

Families, Mental Health and Human Services Committee - Thursday, November 12, at 1:00p.m., Room 100, Farnum Building (3-1777).

Government Operations Committee - Tuesday, November 10, at 3:00p.m., Room 110, Farnum Building (3-1758).

Health Policy and Senior Citizens Committee - Tuesday, November 10, at 3:00p.m., Room 100, Farnum Building (3-7536).

Judiciary Committee - Tuesday, November 10, at 1:00p.m., Rooms 402 and 403, Capitol Building (3-6920).

Trial Court Assessment Commission - Friday, November 6, at 10:00a.m., Thursday, November 12, at 10:00a.m., and Friday, November 13, at 9:00a.m., 8th Floor Conference Room, Farnum Building (3-7000).

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:01a.m.

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Tuesday, November 10, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.