No. 77
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Tuesday, December 22, 1998.
11:45a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Philip E. Hoffman.
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
Bennett--present Gast--present Posthumus--present
Berryman--absent Geake--present Rogers--present
Bouchard--present Gougeon--present Schuette--absent
Bullard--absent Hart--absent Schwarz--absent
Byrum--present Hoffman--present Shugars--present
Cherry--present Jaye--absent A. Smith--present
Cisky--absent Koivisto--absent V. Smith--absent
Conroy--absent McManus--absent Steil--absent
DeBeaussaert--present Miller--absent Stille--present
DeGrow--present Murphy--absent VanRegenmorter--absent
Dingell--present North--present Vaughn--present
Dunaskiss--absent O'Brien--absent Young--absent
Emmons--absent Peters--absent
Senator Jackie Vaughn III of the 4th District offered the following invocation:
In ancient times when men and women felt helpless, separated, and left out from each other, they prayed to God. Today when we feel helpless, estranged, and left out in a different and perhaps more frightening way, we are called on to pray.
Spirit of the loving God, You call us to be daring, stewards, and co-creators of Your world to care for Your generation. Be with this important body which is charged, entrusted, and empowered with so much. By love, which is justice, grant us passion in law to care for the poor, the oppressed, and the least among us. By love, which is compassion, help us to overcome parochial and crippling divisions to transcend law alone, for it is love that binds us together.
Hear our prayer, O Lord, and give ear unto our cries. Hold not Thy peace at my tears for I am a stranger with Thee in the land and a sojourner, as our foreparents were.
This is my prayer for Christ's sake. Amen.
Motions and Communications
The following communications were received:
Joint Committee on Administrative Rules
Certificates of Approval
Date: December 9, 1998
Subject: Trans. No.98-76
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Education, Proprietary School Unit pertaining to Proprietary Schools, dated August 6, 1998.
Date: December 9, 1998
Subject: Trans. No.98-77
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Drinking Water and Radiological Protection Division pertaining to Supplying Water to the Public, dated July 31, 1998.
Date: December 9, 1998
Subject: Trans. No.98-78
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Surface Water Quality Division pertaining to Sewerage Systems, dated October 28, 1998.
Date: December 9, 1998
Subject: Trans. No.98-79
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Underground Storage Tank Division pertaining to Underground Storage Tanks, dated August 31, 1998.
Date: December 9, 1998
Subject: Trans. No.98-87
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office, pertaining to Construction Code--Michigan Uniform Energy Code (Part 10), dated December 7, 1998.
Sincerely,
Senator Walter H. North
Chair
The communications were referred to the Secretary for record.
The following communications were received:
Joint Committee on Administrative Rules
December 9, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-80 submitted by the Department of Environmental Quality, Air Quality Division pertaining to Air Pollution Control.
December 9, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-81 submitted by the Department of Consumer and Industry Services, Director's Office, pertaining to Construction Code--Plumbing Code (Part 7).
December 9, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 ofthe Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-83 submitted by the Department of Consumer and Industry Services, Carnival-Amusement Safety Board pertaining to General Rules (Part 4. Participatory Rides--Go-Karts).
December 9, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-84 submitted by the Department of Community Health pertaining to Health Legislation and Policy Development-- Communicable and Related Diseases.
December 9, 1998
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 ofthe Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-86 submitted by the Department of Consumer and Industry Services, Director's Office pertaining to Marriage and Family Therapy.
Sincerely,
Senator Walter H. North
Chair
The communications were referred to the Secretary for record.
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submits the following:
Meeting held on Wednesday, December 9, 1998, at 8:30a.m., Rooms 402 and 403, Capitol Building
Present: Senators North (C), Schwarz, Dingell and Byrum
Absent: Senator VanRegenmorter
The following communications were received:
Office of the Auditor General
December 10, 1998
Enclosed is a copy of the following audit report/or executive digest:
Financial Audit, Including the Provisions of the Single Audit Act, of the Family Independence Agency and Michigan Commission for the Blind Federal Programs, Within the Department of Consumer and Industry Services, October 1, 1994, through September 30, 1996.
December 10, 1998
Enclosed is a copy of the following audit report/or executive digest:
Performance and Financial Related Audit of the Michigan Information Processing Center, Department of Management and Budget, December 1998.
December 11, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of Mid Michigan Community College, December 1998.
December 17, 1998
Enclosed is a copy of the following audit report/or executive digest:
Performance and Financial Related Audit of the Hospital Patients' Trust Fund, Department of Community Health, December 1998.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Secretary for record.
The following communication was received:
Michigan Higher Education Assistance Authority
Michigan Higher Education Student Loan Authority
December 11, 1998
Public Act 77 of 1960, as amended, requires that the Michigan Higher Education Assistance Authority submit an annual report to the Governor and the Legislature. Enclosed, for your review, is the Annual Report for 1996-97 of both the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority.
Sincerely,
H. Jack Nelson
Executive Director
The communication was referred to the Secretary for record.
The following communication was received:
Office of the Mackinac County Prosecuting Attorney
December 14, 1998
Enclosed please find the annual Citizen Advisory Committee Report of Activities for Mackinac County.
Should you have any questions regarding this report, please contact this office.
Sincerely,
W. Clayton Graham
Prosecuting Attorney
The communication was referred to the Secretary for record.
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 15, for his approval the following bills:
Enrolled Senate Bill No.152 at 3:44p.m.
Enrolled Senate Bill No.728 at 3:46p.m.
Enrolled Senate Bill No.752 at 3:48p.m.
Enrolled Senate Bill No.1086 at 3:50p.m.
Enrolled Senate Bill No.1087 at 3:52p.m.
Enrolled Senate Bill No.1088 at 3:54p.m.
Enrolled Senate Bill No.1148 at 3:56p.m.
Enrolled Senate Bill No.1170 at 3:58p.m.
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 16, for his approval the following bills:
Enrolled Senate Bill No.5 at 2:55p.m.
Enrolled Senate Bill No.184 at 2:57p.m.
Enrolled Senate Bill No.375 at 2:59p.m.
Enrolled Senate Bill No.378 at 3:01p.m.
Enrolled Senate Bill No.379 at 3:03p.m.
Enrolled Senate Bill No.380 at 3:05p.m.
The Secretary announced the enrollment printing and presentation to the Governor on Monday, December 21, for his approval the following bills:
Enrolled Senate Bill No.479 at 1:10p.m.
Enrolled Senate Bill No.1007 at 1:12p.m.
Enrolled Senate Bill No.1096 at 1:14p.m.
Enrolled Senate Bill No.1283 at 1:16p.m.
The Secretary announced the printing and placement in the members' files on Friday, December 11 of:
House Bill Nos. 6317 6318
The Secretary announced the printing and placement in the members' files on Tuesday, December 15 of:
House Bill No. 6319
House Joint Resolution KK
Messages from the Governor
Senator Bouchard entered the Senate Chamber.
The following messages from the Governor were received:
Date: December 17, 1998
Time: 10:04a.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.1148 (Public Act No.393), being
An act to amend 1972 PA 239, entitled "An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties," by amending section 12 (MCL 432.12), as amended by 1996 PA 167.
(Filed with the Secretary of State on December 17, 1998, at 2:42p.m.)
Date: December 18, 1998
Time: 10:37a.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.1086 (Public Act No.411), being
An act to amend 1986 PA 268, entitled "An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates," (MCL 4.1101 to 4.1901) by adding section 204f.
(Filed with the Secretary of State on December 21, 1998, at 11:14a.m.)
Date: December 18, 1998
Time: 2:48p.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.152 (Public Act No.412), being
An act to amend 1980 PA 350, entitled "An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates forhealth care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts," (MCL 550.1101 to 550.1704) by adding section 401f.
(Filed with the Secretary of State on December 21, 1998, at 11:16a.m.)
Date: December 18, 1998
Time: 2:52p.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.1088 (Public Act No.413), being
An act to amend 1986 PA 268, entitled "An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates," (MCL 4.1101 to 4.1901) by adding section 204d.
(Filed with the Secretary of State on December 21, 1998, at 11:18a.m.)
Date: December 18, 1998
Time: 2:54p.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.1087 (Public Act No.414), being
An act to amend 1986 PA 268, entitled "An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates," (MCL 4.1101 to 4.1901) by adding section 204c.
(Filed with the Secretary of State on December 21, 1998, at 11:20a.m.)
Date: December 18, 1998
Time: 3:07p.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No.752 (Public Act No.415), being
An act to amend 1956 PA 5, entitled "An act to establish and promote a uniform system of municipal courts in cities; to consolidate justice courts in cities into a system of municipal courts; to change the name of existing justice courts and justices of the peace in cities to municipal courts and municipal judges; to promote uniformity in practice and procedure in such courts; to prescribe the powers, duties and functions of such courts; and to provide for substitute municipal judges in cities in cases of death, absence, disability or removal of the regularly elected or appointed municipal judges and in cases where temporary judicial assistance is needed in such courts," by amending section 23 (MCL 730.523) and by adding section 23a.
(Filed with the Secretary of State on December 21, 1998, at 11:22a.m.)
Respectfully,
John Engler
Governor
The following messages from the Governor were received and read:
December 18, 1998
There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:
Commission on Services to the Aging
Dr.Nancy G. Boykin, 17224 Fairfield, Detroit, Michigan 48221, county of Wayne, as a member representing Republicans, succeeding herself, for a term expiring on July 28, 2001.
Mr.Donald Hoffman, 7575 Woodbridge Lane, Portage, Michigan 49024, county of Kalamazoo, as a member representing Democrats, succeeding himself, for a term expiring on July 28, 2001.
Mr.John M. Gonzales, 531 Townsend Drive, Apt. 2, Imlay City, Michigan 48444, county of Lapeer, as a member representing Independents, succeeding himself, for a term expiring on July 28, 2001.
Mr.Theodore W. Breitenbach, 116 South 22nd Street, Escanaba, Michigan 49829, county of Delta, as a member representing Independents, succeeding himself, for a term expiring on July 28, 2001.
Ms.Ann Marie Shoop, 23899 Lynwood Drive, Novi, Michigan 48374, county of Oakland, as a member representing Independents, succeeding herself, for a term expiring on July 28, 2001.
December 21, 1998
There is herewith presented for consideration and confirmation by the Senate, the following reappointment to office:
Michigan Natural Resources Trust Fund Board
Dr.Gordon E. Guyer, 862 Whitman, East Lansing, Michigan 48823, county of Ingham, as a member representing the general public, succeeding himself, for a term expiring on October 1, 2002.
December 21, 1998
There is herewith presented for consideration and confirmation by the Senate, the following reappointment to office:
Michigan Gaming Control Board
The Honorable Michael L. Stacey, 6414 Countryshire Lane, West Bloomfield, Michigan 48323, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on December 20, 2002.
Sincerely,
John Engler
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
The following message was received and read:
December 22, 1998
I herewith return to the Senate the following Senate Bills, Joint Resolutions and Senate Concurrent Resolutions which failed of passage or adoption by the House of Representatives:
Senate Bill Nos. 18 33 34 35 36 50 52 72 78 101 102 104 113 126 146 151 153 163 188 190 193 199 202 207 224 226 235 236 251 255 271 280 288 289 290 291 292 293 298 300 306 312 341 351 354 356 366 410 411 435 436 437 438 456 459 460 461 462 463 466 467 473 474 475 476 480 486 493 494 502 507 509 512 513 528 529 530 532 535 536 537 538 539 549 555 556 557 558 559 560 561 562 563 564 565 567 573 576 580 584 585 588 589 593 594 599 610 611 615 623 626 633 634 636 640 647 648 649 666 669 680 683 689 694 695 715 718 749 753 755 757 760761 785 786 805 809 814 816 818 825 827 852 853 860 876 877 881 886 888 890 891 898 942
943 944 945 947 949 957 962 964 965 966 968 974 975 978 988 989 990 991 994 995 1008 1009 1010 1011 1012 1020 1021 1026 1027 1040 1046 1049 1050 1051 1052 1056 1057 1058 1071 1079 1080 1081 1082 1083 1091 1095 1097 1109 1110 1111 1122 1123 1132 1143 1150 1159 1163 1164 1165 1166 1168 1181 1213 1214 1228 1231 1258 1340 1342
Senate Joint Resolutions L R
Senate Concurrent Resolution Nos. 9 11 16 17 26 30 31 36 52 59 75 77 78 87 90 105
Very respectfully,
Mary Kay Scullion, Clerk
House of Representatives
The following message was received and read:
December 22, 1998
I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die.
Very respectfully,
Mary Kay Scullion, Clerk
House of Representatives
Statements
Senator Byrum asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Byrum's statement is as follows:
I will be speaking to Senator Bob Geake because it was my first year as a state Representative, and pretty darn green I might add, that the two of us paired up and were able to put together a four-bill package of legislation that I thought really was landmark legislation and ended up being the toughest anti-stalking law in the nation. I just wanted to acknowledge how much I appreciated the good Senator--his willingness to work with this young Democrat, understanding that it did take both sides of the aisle in both houses in order to put this package together. I think we did real good work, and it stood constitutional muster. In fact, it has been a pattern for a lot of other states to follow. I'm was just grateful and pleased that I was able to be here and play a part in that role.
I wish you the very best in your retirement. I'm sure there's going to be lots yet ahead for you and that you will make your mark yet again. Thank you and God's speed.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Senate Bill No.514 submits the following:
Meeting held on Tuesday, December 8, 1998, at 3:00 p.m., Room S-208, Capitol Building
Present: Senator Shugars (C)
Excused: Senators Schwarz and Byrum
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submits the following:
Meeting held on Wednesday, December 9, 1998, at 8:30a.m. Rooms 402 and 403, Capitol Building
Present: Senators North (C), Schwarz, Dingell and Byrum
Excused: Senator VanRegenmorter
COMMITTEE ATTENDANCE REPORT
The Legislative Retirement Board of Trustees submits the following:
Meeting held on Wednesday, December 9, 1998, at 12:00p.m., Elijah Myers Room, Capitol Building
Present: Senator Conroy
Excused: Senators McManus (C), Emmons and Schwarz
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Senate Bill 514 submits the following:
Meeting held on Thursday, December 10, 1998, at 9:45a.m., Room S-208, Capitol Building
Present: Senator Shugars (C)
Excused: Senators Schwarz and Byrum
COMMITTEE ATTENDANCE REPORT
The Trial Court Assessment Commission submits the following:
Meeting held on Friday, December 11, 1998 at 9:00a.m., 8th Floor Conference Room, Farnum Building
Present: Senator Dingell
Excused: Senator VanRegenmorter
The hour of 12:00 Noon having arrived,
Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Assistant President pro tempore, Senator Hoffman, declared the Senate adjourned without day.
CAROL MOREY VIVENTI
Secretary of the Senate.