No. 2
JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, January 28, 1997.
 
6:15 p.m.
 
The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.
 
The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present.
 
 
Bennett--presentEmmons--presentRogers--present
Berryman--presentGast--presentSchuette--present
Bouchard--presentGeake--presentSchwarz--present
Bullard--excusedGougeon--presentShugars--present
Byrum--presentHart--presentA. Smith--present
Carl--presentHoffman--presentV. Smith--present
Cherry--presentKoivisto--presentStallings--excused
Cisky--presentMcManus--presentSteil--present
Conroy--presentMiller--excusedStille--present
DeBeaussaert--presentNorth--presentVan Regenmorter--present
DeGrow--presentO'Brien--presentVaughn--present
Dingell--presentPeters--presentYoung--excused
Dunaskiss--present Posthumus--present
 
Senator Dale L. Shugars of the 21st District offered the following invocation:
Lord, thank You for allowing us to gather here tonight for a special occasion and listen to Governor Engler's plan for the future of Michigan. As we begin in the eighty-ninth legislative session, let us remember that we are here to represent the people of our districts with integrity and honor. Allow us to make our community a safer place for this generation and for the generations of the future. With Your guidance, Lord, we will have a productive legislative session and Michigan will continue to prosper and become an exemplary state. You have truly blessed our lives by giving us the opportunity to serve the people of this wonderful state. Please keep us and our families safe as we embark on this new year. Thank you, Lord. In Your name we pray. Amen.
 
 
Motions and Communications
 
 
Senator DeGrow moved that Senator Bullard be excused from today's session.
The motion prevailed.
 
Senator V. Smith moved that Senators Miller, Stallings and Young be excused from today's session.
The motion prevailed.
 
 
The following communication was received:
Central Michigan University
December 6, 1997
Central Michigan University's 1995-96 Financial Report is presented on behalf of the university's Board of Trustees. The report, audited by Ernst & Young LLP, Independent Auditors, shows revenues and expenditures for the various programs maintained by the university. It also shows the financial condition of the various funds.
In 1995-96, CMU continued its emphasis on providing quality programs that meet the needs of students, their families and Michigan's citizens. The university also reinforced its academic offerings, integrated its student support efforts to improve services, and managed costs in order to remain accessible. The university's continued accreditation, granted by the North Central Association after a site visit in the spring of 1996, attests to its on-going academic and financial viability.
Responding to national concerns about the length of time it takes to earn a college degree, CMU initiated the first guaranteed four-year degree program offered by a public university in Michigan. Students who select the Degree Partners Plan and meet its requirements are guaranteed that they'll complete their undergraduate degrees in four years--or the university will pay for the additional courses needed.
CMU's excellent faculty continue to be known for the quality of their teaching and their interest in the successes of students. Professors appropriately balance teaching responsibilities with research and service benefiting the state. In addition, they encourage students at all levels to seek internship and community service opportunities to aid the learning process and prepare them for their careers.
CMU retains its quality and accessibility with the assistance of the people of the State of Michigan and their elected officials. Their support of higher education as a statewide priority is greatly appreciated.
Kim Ellerston
Vice President, Business and Finance
Leonard E. Plachta
President
The communication was referred to the Secretary for record.
 
 
The following communication was received:
State Court Administrative Office
December 12, 1996
As you are aware, Section 314 of Public Act 375 requests that the State Court Administrative Office report to the Legislature certain information regarding fiscal and program operations pursuant to the Circuit Court Family Counseling Services Act of 1964 (1964 PA 155, as amended by 1980 PA 16). Since enactment of 1980 PA 16, the State Court Administrative Office has encouraged use of the funds by circuit courts. In many instances, responsibility for fund operation has been delegated by the chief circuit judge to the local Friend of the Court to better facilitate counseling, referrals, evaluation and other programs for parties involved in domestic relations matters. In addition, full utilization and enhancement of these services will further the values of accountability, responsiveness and effectiveness of the judiciary articulated by the Supreme Court in its Plan for Reform of the Michigan Judiciary.
Collection and analysis of detailed financial and management information regarding family counseling services will be beneficial to the Supreme Court and the Legislature for policy making purposes, and will also assist the Supreme Court in its oversight of judicial system operations and performance. Accordingly, and in response to Section 314 of 1996 PA 375, we reviewed the feasibility of various approaches to gathering and analyzing this information.
To gather all of the information enumerated in the section will require a number of steps. At the outset, determination must be made for the period of time for which funds are to be accounted. Subsection (1) indicates that "...a report concerning the total funds collected..." and subsection (2) (a) reads "An accounting of marriage license and family counseling fees collected..." The language in Section 314 is unclear whether the reporting should represent total funds collected for a period of one or more years, or since enactment in 1964 (or amendment in 1980) of the statute.
Due to the fact that many governmental entities do not keep detailed financial records longer than six years, we will request information for no more than that period of time. We are conducting a telephone poll of a sample of courts to determine the level of effort, local costs, and feasibility of locating and providing up to six years of financial data. Unless we find that the cost and level of effort is beyond the means of local courts and their funding units, or that for some other reason collection of data for that period is not feasible, we intend to request detailed financial data for six years. Otherwise, in order to obtain accurate data on a timely and efficient basis, we may need to adjust the reporting period for financial data.
Development, distribution, collection and analysis of a statewide survey will take four months and will cost approximately $5,000, in addition to staff resources at the state level. The cost to trial courts in unknown at this time. Our estimate of the time required for collection and analysis is based on the assumption that funding and staff resources are available and not re-directed in the interim.
A limited amount of information is maintained by our office that we will be able to supply by mid-January. The end of year Family Court Fund balance has been reported by Friends of the Court since 1988, along with an indication of whether responsibility for the fund has been delegated to the Friend of the Court.
We will keep you informed of our progress on this project. We will provide you with a copy of the survey instrument that we prepare for data collection before it is distributed. In the meantime, if you should have any questions or concerns, please contact me.
Sincerely,
John D. Ferry, Jr.
Deputy State Court Administrator
The communication was referred to the Secretary for record.
 
 
The following communication was received:
Department of State
Administrative Rules
Notices of Filing
December 30, 1996
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 3:00 p.m. this date, administrative rule (96-12-8) for the Department of Management and Budget, Building Division, entitled "Public Building Accommodations for Physically Handicapped Persons," effective 15 days hereafter.
 
 
December 30, 1996
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 3:02 p.m. this date, administrative rule (96-12-9) for the Family Independence Agency, Part 1. Public Assistance, entitled "General Rules," effective 15 days hereafter.
 
 
December 30, 1996
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 3:04 p.m. this date, administrative rule (96-12-10) for the Family Independence Agency, Medical Services Administration, entitled "General Assistance Medical Program Authorization," effective 15 days hereafter.
 
 
December 30, 1996
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 3:06 p.m. this date, administrative rule (96-12-11) for the Family Independence Agency, R 400.211 to R 400.216, entitled "General Rules," effective 15 days hereafter.
December 30, 1996
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 3:08 p.m. this date, administrative rule (96-12-12) for the Department of Community Health, Administrative Services Division, entitled "General Rules," 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 communication was received:
Office of the Auditor General
January 10, 1997
Enclosed is a copy of the following audit report and/or executive digest: Performance Audit of Statewide Bonding Activities January 1997.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Secretary for record.
 
 
The following communication was received:
Department of State
January 15, 1997
It is my pleasure to present to you A Summary of Driver Performance For Driver Education Programs. As required by Public Act 193 of 1991, the Michigan Department of State has prepared the attached report for your review and information.
The following report examines the relationship between students required to meet academic and/or attendance standards in order to enroll in driver education (policy drivers), as compared to those who were not subject to the academic and/or attendance standards in order to enroll in driver education (non-policy drivers). The data used in the report was applied to 12, 24, and 36 month periods. The primary variables of comparison between the two driver populations were: Penalty Point Levels; Crash Involvement; and Convictions.
Based on the findings of the study, the report concludes there is no significant difference in the penalty point levels, crash involvement, or the number of convictions between policy and non-policy student driver populations.
Should you have any questions, please contact Denise DeCook, Office of Government Affairs, First Floor Treasury Building, Lansing, MI 48918-2100 or by telephone at (517) 373-0980.
Sincerely,
Candice S. Miller
Secretary of State
The communication was referred to the Secretary for record.
 
 
The Secretary submits, pursuant to Senate Rule 1.208 the following report on out-of-state travel by Members on Legislative business for the quarter ending December 31, 1996:
 
Senator Michael Bouchard October 1 - 3 Toll Fellowship Conference
Lexington, KY $ 112.00
 
December 6 - 7 Council of State Governments
Annual Meeting
Cleveland, OH $ 600.83
The communication was referred to the Secretary for record.
 
 
The Secretary announced the printing and placement in the members' files on Tuesday, January 14 of:
Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Senate Joint Resolutions A B
The Secretary announced the printing and placement in the members' files on Wednesday, January 15 of:
House Bill Nos. 40014002400340044005400640074008400940104011401240134014
40154016401740184019402040214022402340244025402640274028
40294030403140324033403440354036403740384039404040414042
40434044404540464047404840494050405140524053405440554056
405740584059406040614062406340644065406640674068
House Joint Resolutions A B C D E
 
 
Messages from the Governor
 
 
The following message from the Governor was received and read:
 
EXECUTIVE ORDER
1997-1
 
Michigan Travel Bureau
Travel Michigan
Michigan Jobs Commission
 
Whereas, Michigan's tourist industry is crucial to the economic well-being of the state; and,
Whereas, the role of the Michigan Travel Bureau in marketing Michigan and bolstering tourism is an essential ingredient in assuring a strong tourism industry; and,
Whereas, the Michigan Travel Bureau was created by Act No. 145 of the Public Acts of 1975, as amended, being section 2.102a of the Michigan Compiled Laws;
Now, Therefore, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:
1. The Michigan Travel Bureau is hereby renamed Travel Michigan.
2. Any and all statutory references to the Travel Bureau or Michigan Travel Bureau are hereinafter to be deemed a reference to Travel Michigan.
In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 15th day of January, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The Executive Order was referred to the secretary for record.
 
 
The following messages from the Governor were received and read:
January 9, 1997
Please be advised that the appointees succession on the letter dated December 30, 1996 was incorrect and should read as follows:
Ferris State University Board of Control
Mr. Jack R. Bates, 17005 Timberdunes Drive, Grand Haven, Michigan 49417, county of Ottawa, as a member representing the general public, succeeding Ms. Hurticene Hardaway Shepherd of Southfield, whose term has expired, for a term expiring on December 31, 2004.
 
 
January 10, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:
Director, Bureau of Workers' Disability Compensation
Mr. Jack F. Wheatley, 5842 North River Road, Grand Ledge, Michigan 48837, county of Eaton, as Director, succeeding himself, for a term expiring February 1, 2000.
Investment Advisory Committee
Dr. Paul W. McCracken, 2564 Hawthorne Road, Ann Arbor, Michigan 48104, county of Washtenaw, as Chair, succeeding himself, for a term expiring on December 15, 1999.
 
 
January 13, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointments and reappointments to office:
State Fire Safety Board
Mr. William G. Gruppen, 516 W. Lawrence, Zeeland, Michigan 49464, county of Ottawa, as a member representing organized Lower Peninsula fire departments, succeeding himself, for a term expiring on July 15, 1999.
Mr. William George Vincent, 1914 Hawley Road, Leslie, Michigan 49251, county of Ingham, as a member representing hospital administrations, succeeding himself, for a term expiring on July 15, 1999.
Mr. Ronald Alan VanDenBerg, 977 Lee Street, Martin, Michigan 49070, county of Allegan, as a member representing flammable liquids industry, succeeding himself, for a term expiring on July 15, 1999.
Mr. Daune Smith, 1515 Pine Street, Covington, Michigan 49919, county of Baraga, as a member representing organized Upper Peninsula fire departments, succeeding himself, for a term expiring on July 15, 1999.
Mr. Robert P. Michalik, 18414 Five Points, Detroit, Michigan 48240, county of Wayne, as a member representing organized Lower Peninsula fire departments, succeeding Mr. Ivory Morris of Muskegon Heights, who has resigned, for a term expiring on July 15, 1998.
Mr. David Kurtz, 42588 Scenic Lane, Northville, Michigan 48167, county of Wayne, as a member representing licensed contractors or master electricians, succeeding Mr. Clarence Iles of Saginaw, whose term has expired, for a term expiring on July 15, 1999.
Mr. Thomas M. Reilly, 3051 Riverwood Heights Drive, Port Huron, Michigan 48060, county of St. Clair, as a member representing flammable compressed gases, succeeding Mr. William B. McHenry of Muskegon, whose term has expired, for a term expiring on July 15, 1999.
Mr. David O. Young, 916-E Montevideo Drive, Lansing, Michigan 48909-7188, county of Ingham, as a member representing adult foster care facilities, for a term expiring on July 15, 1999.
Mr. Scott Hill, 10345 Newburg Highway, Tecumseh, Michigan 49236, county of Lenawee, as a member representing the building trades, succeeding Mr. Robert J. Williams of Dearborn, whose term has expired, for a term expiring on July 15, 1999.
 
 
January 16, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointments to office:
Michigan Travel Commission
Mr. Jeffrey J. Tuma, 645 W. Broomfield, Mt. Pleasant, Michigan 48858, county of Isabella, as a member representing small business in the private sector, succeeding himself, for a term expiring on August 20, 2000.
Mr. Terry D. Schieber, RR3 East Torch Lake Drive, Bellaire, Michigan 49615, county of Antrim, as a member representing the private sector, succeeding himself, for a term expiring on August 20, 2000.
Mr. Steve K. Hamp, 1520 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, as a member representing the travel industry, succeeding Dr. Harold K. Skramstad, Jr. of Dearborn, who has resigned, for a term expiring on August 20, 1997.
 
 
January 20, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment to office:
Board of State Canvassers
Ms. Dorothy E. Jones, 263 Kirk, Ypsilanti, Michigan 48197, county of Washtenaw, as a member representing Democrats, succeeding Michael Pyne of Lansing, whose term has expired, for a term expiring February 1, 2001.
 
 
January 20, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointment to office:
Board of State Canvassers
Ms. Linda Shinkle, 3910 North Williamston Road, Williamston, Michigan 48895, county of Ingham, as a member, succeeding herself, for a term expiring February 1, 2001.
January 21, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:
Workers' Compensation Board of Magistrates
Ms. Nancy Jean Day, 8370 Center Road, Fenton, Michigan 48430, county of Genesee, as a member representing the general public, succeeding herself, for a term expiring January 26, 2001.
Mr. Patrick L. Fuller, 2169 Woodfield, Okemos, Michigan 48864, county of Ingham, as a member representing the general public, succeeding himself, for a term expiring January 26, 2001.
Ms. LaNita Haith, 7453 Timbers Edge Boulevard, West Bloomfield, Michigan 48322, county of Oakland, as a member representing the general public, succeeding herself, for a term expiring January 26, 2001.
Mr. Michael Wagner, 5529 Heritage Way, Traverse City, Michigan 49684, county of Grand Traverse, as a member representing the general public, succeeding himself, for a term expiring January 26, 2001.
Ms. Susan B. Cope, 4177 Seymour Drive, Troy, Michigan 48098, county of Oakland, as a member representing the general public, succeeding herself, for a term expiring January 26, 2001.
Mr. Dale Edward Malewska, 2844 W. Townsend, St. Johns, Michigan 48879, county of Clinton, as a member representing the general public, succeeding himself, for a term expiring January 26, 2001.
Mr. Andrew G. Sloss, 20406 Fleetwood, Harper Woods, Michigan 48225, county of Wayne, as a member representing the general public, succeeding himself, for a term expiring January 26, 2001.
Mr. John J. Hurbis, 159 Bassett Place, Bloomfield, Michigan 48301, county of Oakland, representing the general public, succeeding himself, for a term expiring January 26, 2001.
 
 
January 22, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:
Michigan State Waterways Commission
Mr. Milan S. Reed II, 627 N. Lakeshore Drive, Ludington, Michigan 49431, county of Mason, as a member representing the Lower Peninsula North of Townline 16, succeeding himself, for a term expiring on September 18, 1999.
Mr. David R. Giffin, 7421 Kenrob Drive S.E., Grand Rapids, Michigan 49546, county of Kent, as a member representing the general public, succeeding Mr. Amos B. Crow of Alpena, whose term has expired, for a term expiring September 18, 1999.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointments to office:
Workers' Compensation Board of Magistrates
Ms. Molly Ann Cooke, 22445 Coventry Woods Lane, Southfield, Michigan 48034, county of Oakland, as a member, succeeding Mr. Earle H. Stevenson of Chelsea, whose term has expired, for a term expiring on January 26, 2001.
Mr. Stephen C. Oldstrom, 1435 Rosalind Road, SE, East Grand Rapids, Michigan 49506-4154, county of Kent, as a member, succeeding Mr. Sam F. Trentacosta of Clinton Township, whose term has expired, for a term expiring on January 26, 2001.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointments to office:
Board of Marriage and Family Therapy
Mrs. Linda Howard, 1332 9 Mile Road, Remus, Michigan 49340, county of Mecosta, as a member representing the general public, succeeding herself, for a term expiring on September 30, 2000.
Ms. Terry Moorer, 16147 Wildemere, Detroit, Michigan 48221, county of Wayne, as a member representing the general public, succeeding Michelle Segue of Detroit, who has resigned, for a term expiring on September 30, 1997.
Ms. Martha Wingerd Bristor, 5909 Shadow Lawn Drive, East Lansing, Michigan 48823, county of Ingham, as a member representing professionals, succeeding herself, for a term expiring on September 30, 2000.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:
State Board of Examiners of Social Workers
Ms. Cathy M. Longo, 2444 Coolidge, #204, Troy, Michigan 48084, county of Oakland, as a member representing the general public, succeeding herself, for a term expiring on September 30, 2000.
Mr. Matthew L. Lyberg, 510 Aberdeen, Howell, Michigan 48843, county of Livingston, as a member representing professionals, succeeding Mr. Robert Roberge of Marquette, whose term has expired, for a term expiring on September 30, 2000.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointment to office:
Michigan Board of Occupational Therapists
Ms. Cynthia R. Evans, 1717 Amberina Drive, Lansing, Michigan 48917, county of Ingham, as a member representing professionals, succeeding herself, for a term expiring on December 31, 2000.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment to office:
Michigan Board of Chiropractic
Ms. Donna L. Craft, D.C., 1360 Lake Shore Drive, Brooklyn, Michigan 49230, county of Jackson, as a member representing professionals, succeeding Dr. Maegan S. Davis of Charlotte, whose term has expired, for a term expiring on December 31, 2000.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointment to office:
State Building Authority Board of Trustees
Mr. Donald E. Snider, 1796 Alder Drive, West Bloomfield, Michigan 48324, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on August 21, 2000.
 
 
January 23, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointments 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 Mr. Douglas H. Keller of Plymouth, whose term has expired, for a term expiring on October 1, 1998.
Mr. Lawrence James Wood, 3662 Collingwood, SW, Wyoming, Michigan 49507, county of Kent, as a member representing professional mechanical engineers, succeeding Mr. Robert Joseph Powers of Alto, whose term has expired, for a term expiring on October 1, 1998.
Mr. Maurice Bouchard, 33599 Colony Park Drive, Farmington Hills, Michigan 48331, county of Oakland, as a member representing HVAC equipment, succeeding Mr. Raymond R. Rajala of Alpena, whose term has expired, for a term expiring on October 1, 1998.
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 Mr. Allan M. Johnson of Milford, whose term has expired, for a term expiring on October 1, 1998.
Mr. James A. Arnold, 443 N. Main Street, Marine City, Michigan 48039, county of St. Clair, as a member representing refrigeration, succeeding Mr. Gerald Holwerda of Grand Rapids, whose term has expired, for a term expiring on October 1, 1998.
Mr. W. John O'Neil, 850 Teaberry Place, Walled Lake, Michigan 48390, county of Oakland, as a member representing fire suppression, succeeding Mr. Lynn Oren Morgan of East Lansing, whose term has expired, for a term expiring on October 1, 1998.
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 Mr. Richard Reff of Birmingham, whose term has expired, for a term expiring on October 1, 1998.
 
 
January 28, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointments to office:
Domestic Violence Prevention and Treatment Board
Ms. Nancy J. Diehl, 1321 Orleans, Apt. 908W, Detroit, Michigan 48207, county of Wayne, as a member, succeeding Ms. Debra Cain of West Bloomfield, whose term has expired, for a term expiring on September 30, 1999.
Ms. Shannon Brower, 1234 Hazelton, Petoskey, Michigan 49770, county of Emmet, as Chair, succeeding The Honorable Edward Sosnick, who has resigned as Chair, for a term expiring at the pleasure of the Governor.
January 28, 1997
There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:
Michigan Board of Psychology
Mr. Jack P. Haynes, Ph.D., 1589 Tully Court, Bloomfield Hills, Michigan 48304, county of Oakland, as a member representing professionals, succeeding himself, for a term expiring on December 31, 2000.
Ms. Mary R. Nave, 19312 Beverly Road, Beverly Hills, Michigan 48025, county of Oakland, as a member representing nondoctoral psychologists, succeeding Ms. Virginia Freeborn of Marquette, whose term has expired, for a term expiring on December 31, 2000.
 
 
January 28, 1997
There are herewith presented for consideration and confirmation by the Senate, the following reappointments to office:
Board of Cosmetology
Mr. Christopher Flournoy, 4061 Leslie Avenue, Detroit, Michigan 48238, county of Wayne, as a member representing professionals, succeeding himself, for a term expiring December 31, 2000.
Ms. Cynthia A. Stramecky, 23750 Cherry Hill, Dearborn, Michigan 48124, county of Wayne, as a member representing professionals, succeeding herself, for a term expiring December 31, 2000.
Mrs. Pamela L. Dressel, 6403 US 223, Ottawa Lake, Michigan 49267, county of Monroe, as a member representing the general public, succeeding herself, for a term expiring December 31, 2000.
Sincerely,
John Engler
Governor
The appointments were referred to the Committee on Government Operations.
 
Senator DeGrow moved that the order of General Orders be postponed for today.
The motion prevailed.
 
By unanimous consent the Senate proceeded to the order of
Resolutions
 
 
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 3
Senate Resolution No. 7
Senate Resolution No. 9
The resolution consent calendar was adopted.
 
 
Senator Stille offered the following resolution:
Senate Resolution No. 3.
A resolution honoring Brian M. Cronin.
Whereas, It is with great respect and appreciation for the hard work and unyielding commitment he has displayed in his service to the Ottawa Shores Humane Society and to the Ottawa County community that we offer tribute to Brian M. Cronin, Executive Director. We offer thanks for his many contributions, and praise his efforts and dedication to the animals of Ottawa County. His guidance, experience, and knowledge will long be remembered throughout West Michigan; and
Whereas, Loyal to his mission and a sincere concern for the best interest of the Ottawa Shores Humane Society and the community, Brian Cronin has gone above and beyond the call of duty as executive director of this exemplary organization. He is a professional of the highest caliber, earning both the respect and confidence of staff and supporters; and
Whereas, Impressive leadership ability, commitment, and integrity have been reflected in all of Brian Cronin's endeavors throughout his tenure with the Ottawa Shores Humane Society. He has worked cooperatively with government officials and has played a significant role with the state legislature in enhancing animal welfare laws in the State of Michigan. His experience and expert authority will certainly be missed; now, therefore, be it
Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded Brian M. Cronin in recognition of his years of effective service with the Ottawa Shores Humane Society; and be it further
Resolved, That a copy of this resolution be transmitted to Mr. Cronin as evidence of our admiration and esteem.
Senators Hoffman, Schwarz, Vaughn and Conroy were named co-sponsors of the resolution.
Senator Dingell offered the following resolution:
Senate Resolution No. 7.
A resolution commemorating February 16-22, 1997 as National Engineers Week in Michigan.
Whereas, It is a distinct privilege to join with engineers throughout our nation and particularly in Michigan in celebrating National Engineers Week--February 16-22, 1997. This special week has been set aside to highlight the many contributions engineers have made and continue to make to the quality of our life. May all involved in this important profession know how much we value their contributions to our well-being; and
Whereas, National Engineers Week is always celebrated at the time of George Washington's birthday. Our nation's first president was a military and agricultural engineer and land surveyor. He was responsible for establishing the first United States engineering school at Valley Forge, Pennsylvania, which later became the United States Military Academy at West Point, New York. In the same traditions as our first president, American engineers have sought to improve society by turning ideas into reality; and
Whereas, Today, we can thank engineers for such marvels as weather radar, space travel, and artificial kidneys. Products of engineering, including such everyday mechanisms as a thermostat, a television set, and a telephone, became reality because of the vision, hard work, and creativity of engineers. With more than two million engineers developing new solutions to today's problems, we are on the threshold of even more fascinating engineering marvels; now, therefore, be it
Resolved by the Senate, That the week of February 16-22, 1997 be highly commemorated as National Engineers Week in Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to coordinators of this event and the National Society of Professional Engineers as a reflection of our regard for engineers and their contributions to our society.
Senators Hoffman, Schwarz, Vaughn and Conroy were named co-sponsors of the resolution.
 
 
Senator Bennett offered the following resolution:
Senate Resolution No. 9.
A resolution honoring the Belleville Symphony Band.
Whereas, It is with great respect that we congratulate the Belleville Symphony Band for its selection to perform at Carnegie Hall on March 29, 1997. We offer our congratulations and best wishes to the Belleville Symphony Band on this momentous occasion; and
Whereas, The Belleville Symphony Band and the entire community are most excited about this performance opportunity to show one of the many great things the State of Michigan has to offer; and
Whereas, The invitation to perform at Carnegie Hall, yet again, validates the hard work these young people have put into their music-making; now, therefore, be it
Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded the Belleville Symphony Band on the occasion of their performance at Carnegie Hall, March 29, 1997; and be it further
Resolved, That a copy of this resolution be transmitted to the Belleville Symphony Band as evidence of our admiration and esteem.
Senators Hoffman, Schwarz, Vaughn and Conroy were named co-sponsors of the resolution.
 
 
Senator Peters offered the following resolution:
Senate Resolution No. 8.
A resolution to call on the Governor, the State Board of Education, and the State Superintendent of Instruction to coordinate an inventory of the technology infrastructure in Michigan schools.
Whereas, As Michigan prepares for the challenges of the future in education, a key consideration is the quality and quantity of technology resources available for the benefit of students. The tools of teaching are changing dramatically. As this change occurs, it is appropriate to survey the needs, uses, and accessibility of technology for our students; and
Whereas, There seems to be substantial disparity in what is offered to Michigan students, based on what district, what individual school building, and even what classroom they find themselves. While there are examples of effective integration of technology and learning, Michigan's overall record apparently leaves significant room for improvement. A recent Government Accounting Office report ranked Michigan in the bottom fifth in the nation in school technology; and
Whereas, An inventory of the technology being used and needed for the future can serve an important function for Michigan. Any such study needs to include a mechanism to identify all levels of technology, including districts where a school has no computers and those that may have equipment that is outdated. This information can be a great help in preparing for the challenges to come; now, therefore, be it
Resolved by the Senate, That we call on the Governor, the State Board of Education, and the State Superintendent of Instruction to coordinate an inventory on the technology infrastructure in Michigan schools; and be it further
Resolved, That copies of this resolution be transmitted to the Governor, the State Board of Education, and the State Superintendent of Public Instruction.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senators Van Regenmorter and Dingell offered the following resolution:
Senate Resolution No. 10.
A resolution honoring Marilyn K. Hall.
Whereas, for her twenty-seven years of dedicated and loyal public service, it is with the utmost respect and admiration that we honor Marilyn K. Hall as she retires from her position as State Court Administrator, effective January 24, 1997. It is definitely a privilege to honor this individual for the contribution of her time and talents to the People of the State of Michigan; and
Whereas, a graduate, cum laude, of both Ohio State University and the Thomas M. Cooley Law School, Marilyn began her tenure of public service with the Michigan Department of Social Services in 1970. In 1975, she transferred to the Michigan Office of Criminal Justice where she held numerous administrative positions. Marilyn joined the Michigan Supreme Court staff in 1980, as Executive Director of the Judicial Coordinating Committee, where she developed programs leading to the passage of court reorganization legislation. Appointed State Court Administrator in July of 1988, she was responsible for overseeing the direct administration of the state's 242 trial courts with over 600 judges and 8,000 court personnel. In addition, she continued her role in the capacity as Executive Assistant to the Supreme Court Chief Justice, a position she has held since 1982, overseeing the finance, budget and legislative efforts of the Judiciary; and
Whereas, In the words of Chief Justice Brickley:
"The people of the State of Michigan are losing a remarkable public servant. In the very highest tradition of public service, Marilyn Hall served honorably and loyally, never drawing attention to herself. As State Court Administrator, she raised the level of performance of courts throughout this state. The Court shares her pride in the significant advances in court administration achieved during her tenure by the dedicated, helpful, and always professional efforts of the men and women of the State Court Administrative Office. As executive Assistant to the Chief Justice, she served with great distinction, giving five Chief Justices the benefit of her prudent and patient counsel. The legislative process was strengthened through her participation on the Supreme Court's behalf, and all who had contact with her enjoyed her gracious and wise presence. She leaves a void in the Judicial Branch that will be very difficult to fill. She is a woman of great character, and we will miss her."
; now, therefore, be it
Resolved by the Senate, That tribute be accorded to Marilyn K. Hall; and be it further
Resolved, That a copy of this resolution be transmitted to Marilyn K. Hall and the Michigan Supreme Court as evidence of our respect.
Senators Hoffman, Schwarz and Vaughn were named co-sponsors of the resolution.
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 further consideration of the resolution be postponed for today.
The motion prevailed.
 
 
House Concurrent Resolution No. 3.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Tuesday, January 28, 1997, at 6:45 p.m., to receive the message of Governor John M. Engler.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
 
 
Senate Concurrent Resolution No. 1.
A concurrent resolution granting authority for adjournment for more than 2 days.
(For text of resolution, see Senate Journal No. 1, p. 7.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
 
 
Senate Concurrent Resolution No. 2.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
(For text of resolution, see Senate Journal No. 1, p. 7.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Senate Concurrent Resolution No. 3.
A concurrent resolution providing for a joint convention of the Senate and House of Representatives.
(For text of resolution, see Senate Journal No. 1, p. 7.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
 
 
Joint Convention
 
 
The Sergeant-at-Arms announced that a committee from the House of Representatives who, through their Chairperson, Representative Callahan, reported that the House was ready to meet with the Senate in Joint Convention.
The President, Lieutenant Governor Binsfeld, announced that the hour had arrived for the meeting of the two Houses in Joint Convention.
Senator DeGrow moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for Joint Convention.
The motion prevailed, the time being 6:26 p.m.
(For proceedings in Joint Convention, see House Journal No. 2, p. 50.)
The Senate reconvened at the expiration of the recess at 8:02 p.m. and was called to order by the President pro tempore, Senator Schwarz.
The President pro tempore, Senator Schwarz, announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State Message of Governor Engler.
 
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
 
 
Senator Carl introduced
Senate Joint Resolution C, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for a death penalty for capital murder.
The joint resolution was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator Bouchard introduced
Senate Joint Resolution D, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for the death penalty for first degree murder.
The joint resolution was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator Vaughn introduced
Senate Bill No. 23, entitled
A bill to prescribe the powers and duties of certain public officers and employees regarding the use of deadly force.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator Vaughn introduced
Senate Bill No. 24, entitled
A bill to create the Michigan distance learning consortium; and to prescribe its powers and duties.
The bill was read a first and second time by title and referred to the Committee on Education.
 
 
Senator Vaughn introduced
Senate Bill No. 25, entitled
A bill to create the Michigan nursing opportunity program to provide scholarships for certain students enrolled in certain nursing education programs; to provide for its administration; and to prescribe certain powers and duties of the Michigan higher education assistance authority.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Gougeon and Shugars introduced
Senate Bill No. 26, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 253.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senator Gougeon introduced
Senate Bill No. 27, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7ff.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
 
 
Senators Gougeon and Shugars introduced
Senate Bill No. 28, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senators Gougeon and Shugars introduced
Senate Bill No. 29, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 1993 PA 273.
The bill was read a first and second time by title and referred to the Committee on Agriculture and Forestry.
 
 
Senators Gougeon and Shugars introduced
Senate Bill No. 30, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1995 PA 230; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senator Gougeon introduced
Senate Bill No. 31, entitled
A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," by amending sections 33, 35, 35a, and 36 (MCL 408.1033, 408.1035, 408.1035a, and 408.1036), section 33 as amended by 1996 PA 87 and sections 35 and 36 as amended and section 35a as added by 1991 PA 105.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
 
 
Senator Gast introduced
Senate Bill No. 32, entitled
A bill to amend 1846 RS 33, entitled "Of certain state officers," by amending section 33 of chapter 12 (MCL 14.33).
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Gougeon and Geake introduced
Senate Bill No. 33, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970, by amending sections 3 and 6a (MCL 722.23 and 722.26a), section 3 as amended by 1993 PA 259 and section 6a as added by 1980 PA 434, and by adding sections 11 and 12.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senators Byrum, DeBeaussaert, Stille and Geake introduced
Senate Bill No. 34, entitled
A bill to amend 1984 PA 427, entitled "Municipal employees retirement act of 1984," (MCL 38.1501 to 38.1555) by adding section 10b.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Byrum, DeBeaussaert, Stille and Geake introduced
Senate Bill No. 35, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19g.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Byrum, DeBeaussaert, Stille and Geake introduced
Senate Bill No. 36, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1996 PA 390.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Byrum, DeBeaussaert, Stille and Geake introduced
Senate Bill No. 37, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," (MCL 38.1001 to 38.1080) by adding section 23f.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Byrum, DeBeaussaert, Stille and Geake introduced
Senate Bill No. 38, entitled
A bill to regulate benefits provided to certain public employee retirement system participants in this state; and to prescribe powers and duties of certain retirement systems, state departments, public officials, and public employees.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Byrum, Bennett and Geake introduced
Senate Bill No. 39, entitled
A bill to regulate contracts for physical fitness services; to require bonding of physical fitness services providers; to prescribe penalties; and to prescribe remedies.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senator Dingell introduced
Senate Bill No. 40, entitled
A bill to provide for actions on behalf of the people of the state for damages caused by unlawful burning; and to provide for remedies and sanctions.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 41, entitled
A bill to repeal section 32 of 1931 PA 328, entitled "The Michigan penal code," (MCL 750.32).
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator A. Smith introduced
Senate Bill No. 42, entitled
A bill to amend 1980 PA 469, entitled "The whistleblowers' protection act," by amending the title and section 2 (MCL 15.362).
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
 
 
Senator A. Smith introduced
Senate Bill No. 43, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 237a (MCL 750.237a), as added by 1994 PA 158.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator A. Smith introduced
Senate Bill No. 44, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 3 (MCL 125.2303) and by adding section 7a.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
 
 
Senator A. Smith introduced
Senate Bill No. 45, entitled
A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," (MCL 4.411 to 4.431) by adding section 6c.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
 
 
Senator DeBeaussaert introduced
Senate Bill No. 46, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
 
 
Senator DeBeaussaert introduced
Senate Bill No. 47, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11513a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
 
 
Senators Shugars, Geake, Steil, North, Bullard, Hoffman, Bennett and Conroy introduced
Senate Bill No. 48, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1995 PA 208, and by adding sections 8 and 8a.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senators Shugars, Geake, Steil, North, Bullard, Hoffman, Bennett and Conroy introduced
Senate Bill No. 49, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 1, 7, and 7a (MCL 205.51, 205.57, and 205.57a), section 1 as amended by 1995 PA 209 and sections 7 and 7a as added by 1984 PA 32.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senators Bullard and Van Regenmorter introduced
Senate Bill No. 50, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senators Gast, Bennett and Dunaskiss introduced
Senate Bill No. 51, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40113a (MCL 324.40113a), as added by 1996 PA 377.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
 
 
Senator Gast introduced
Senate Bill No. 52, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 241a, 242, 244, 247, 248, 251, 303, 305, 342, 344, 350, 350a, 350d, 350e, 352, 355, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 451, 454, 461, 462, 484, 485, 486, 488, 492, and 493 (MCL 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1241a, 18.1242, 18.1244, 18.1247, 18.1248, 18.1251, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350d, 18.1350e, 18.1352, 18.1355, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1488, 18.1492, and 18.1493), sections 115, 203, 205, 217, 221, 244, 247, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 241a, 350a, 350d, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, 486, and 488 as added by 1986 PA 272; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senator A. Smith introduced
Senate Bill No. 53, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," (MCL 436.1 to 436.58) by adding section 24a.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senator A. Smith introduced
Senate Bill No. 54, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 726 (MCL 168.726) and by adding sections 750a and 750b.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
 
 
Senator A. Smith introduced
Senate Bill No. 55, entitled
A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 4 (MCL 4.414).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
 
 
Senator A. Smith introduced
Senate Bill No. 56, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 4 (MCL 16.104).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
 
 
Senator V. Smith introduced
Senate Bill No. 57, entitled
A bill 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.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 58, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 183 and 188 (MCL 750.183 and 750.188).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 59, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 237b.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator V. Smith introduced
Senate Bill No. 60, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 63b.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 61, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending section 5 (MCL 722.675).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 62, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535a (MCL 750.535a), as amended by 1988 PA 140.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator V. Smith introduced
Senate Bill No. 63, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224f (MCL 750.224f), as added by 1992 PA 217.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator V. Smith introduced
Senate Bill No. 64, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 6 (MCL 28.426), as amended by 1994 PA 338.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator A. Smith introduced
Senate Bill No. 65, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 5, 7, 9, 12, 45, 61, 62, 63, 64, 65, 66, 67, and 69 (MCL 169.205, 169.207, 169.209, 169.212, 169.245, 169.261, 169.262, 169.263, 169.264, 169.265, 169.266, 169.267, and 169.269), sections 5, 12, and 69 as amended by 1995 PA 264, section 7 as amended by 1994 PA 385, sections 9, 66, and 67 as amended by 1994 PA 411, and sections 61, 64, and 65 as amended by 1993 PA 262, and by adding sections 72, 73, 74, 75, 76, 77, 78, and 79.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators A. Smith and Byrum introduced
Senate Bill No. 66, entitled
A bill to regulate access to genetic information about individuals.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
 
 
Senators A. Smith and Byrum introduced
Senate Bill No. 67, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding sections 2027a and 3406f.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
 
 
Senators A. Smith and Byrum introduced
Senate Bill No. 68, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
 
 
Senators Byrum and A. Smith introduced
Senate Bill No. 69, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053c.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
 
 
Senators Byrum and A. Smith introduced
Senate Bill No. 70, entitled
A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 103, 502, 504, 505, and 506 as amended by 1992 PA 124, section 202 as amended by 1991 PA 11, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
 
 
Senators Geake, Conroy, Gougeon, Vaughn, Bennett and A. Smith introduced
Senate Bill No. 71, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 1993 PA 79.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senators Cisky and Gougeon introduced
Senate Bill No. 72, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 504 and 514 (MCL 380.504 and 380.514), section 504 as amended and section 514 as added by 1994 PA 416.
The bill was read a first and second time by title and referred to the Committee on Education.
 
 
Senators Cisky and Gougeon introduced
Senate Bill No. 73, entitled
A bill to amend 1961 PA 88, entitled "Reciprocal retirement act," by amending section 4 (MCL 38.1104), as amended by 1990 PA 274.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Cisky and Gougeon introduced
Senate Bill No. 74, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2246.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
Senators Cisky and Gougeon introduced
Senate Bill No. 75, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21072.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senators Cisky and Gougeon introduced
Senate Bill No. 76, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1984 PA 66.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senator Cisky introduced
Senate Bill No. 77, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," (MCL 418.101 to 418.941) by adding section 181.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
 
 
Senators Cisky and Gougeon introduced
Senate Bill No. 78, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15d of chapter IV (MCL 764.15d), as added by 1987 PA 256.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senators Steil and Shugars introduced
Senate Bill No. 79, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 4 and 49 (MCL 208.4 and 208.49), section 4 as amended by 1995 PA 285.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senator Berryman introduced
Senate Bill No. 80, entitled
A bill to provide for the execution of a declaration directing certain medical procedures be provided, withdrawn, or withheld under certain circumstances; to provide that certain actions be taken and certain actions not be taken with respect to a declaration; to provide for the revocation of a declaration; to prohibit certain persons and organizations from requiring the execution of such a declaration as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to exempt certain persons from penalties and liabilities; and to prescribe liabilities.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senator Berryman introduced
Senate Bill No. 81, entitled
A bill to amend 1992 PA 270, entitled "An act to prohibit certain acts pertaining to the assistance of suicide; to provide for the development of legislative recommendations concerning certain issues related to death and dying, including assistance of suicide; to create the Michigan commission on death and dying; to prescribe its membership, powers, and duties; to prescribe penalties; and to repeal certain parts of this act on a specific date," (MCL 752.1021 to 752.1027) by amending the title, as amended by 1993 PA 3, and by adding section 8; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator Berryman introduced
Senate Bill No. 82, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1988 PA 372.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
Senator Berryman introduced
Senate Bill No. 83, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 13a of chapter XIIA, (MCL 712A.13a), as amended by 1996 PA 409.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator Berryman introduced
Senate Bill No. 84, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 244, 308, 744, 748, and 1050 (MCL 330.1244, 330.1308, 330.1744, 330.1748, and 330.2050), sections 244, 308, 744, and 748 as amended by 1995 PA 290, and by adding sections 243, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, and 1063.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator Berryman introduced
Senate Bill No. 85, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending section 13 (MCL 247.663), as amended by 1993 PA 294.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senator Miller introduced
Senate Bill No. 86, entitled
A bill to prohibit the disclosure of certain personal information about an individual under certain circumstances; and to provide for a civil remedy.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Dingell introduced
Senate Bill No. 88, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 36 and 38 (MCL 791.236 and 791.238), section 36 as amended by 1994 PA 287 and section 38 as amended by 1994 PA 217.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senator Peters introduced
Senate Bill No. 89, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senator Peters introduced
Senate Bill No. 90, entitled
A bill to amend 1996 PA 295, entitled "An act to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1996 and for the fiscal year ending September 30, 1997; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, and officers," by adding section 209.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senator Peters introduced
Senate Bill No. 91, entitled
A bill to provide grants for public school technology and infrastructure improvement; to create the public school technology and infrastructure improvement board in the department of education; to prescribe certain powers and duties of certain state departments, boards, and agencies; and for related purposes.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senator Byrum introduced
Senate Bill No. 92, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625b (MCL 257.625b), as amended by 1994 PA 450.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
 
 
Senator Stille introduced
Senate Bill No. 93, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending section 102 (MCL 560.102), as amended by 1996 PA 591.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
 
 
Senators Bullard, Schuette, Carl, Dunaskiss, Steil, Hoffman, Stille and North introduced
Senate Bill No. 94, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senators Bullard, Carl, Dunaskiss, Steil, Stille, Van Regenmorter and North introduced
Senate Bill No. 95, entitled
A bill to amend 1943 PA 184, entitled "The township rural zoning act," by amending section 1 (MCL 125.271), as amended by 1996 PA 47.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators Bullard and Steil introduced
Senate Bill No. 96, entitled
A bill to authorize governing bodies located within certain counties to levy and collect impact fees on developers to defray the cost of certain improvements required by land development; to provide for certain credits and exemptions; to allow the governing bodies to enter into agreements relating to impact fees; to prescribe powers and duties of the governing bodies; to prescribe the powers and duties of certain state agencies and officers; to create certain funds; and to prescribe remedies.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
 
 
Committee Reports
 
 
COMMITTEE ATTENDANCE REPORT
 
The Subcommittee on Policy, Michigan Sentencing Commission, submits the following:
Meeting held on Wednesday, January 15, 1997, at 6:30 p.m., 3rd Floor Conference Room, Michigan National Tower
Excused: Senator Van Regenmorter
 
 
COMMITTEE ATTENDANCE REPORT
 
The Committee on Human Resources, Labor and Veterans Affairs submits the following:
Meeting held on Thursday, January 16, 1997, at 1:10 p.m., Room 210, Farnum Building
Present: Senators Rogers and DeBeaussaert
Absent: Senators Steil, Stille and Stallings
 
 
Scheduled Meetings
 
 
Agriculture Appropriations Subcommittee - Tuesdays, February 25; March 4; March 11; at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-1725).
 
Human Resources, Labor and Veterans Affairs Committee - Thursday, January 30, at 1:00 p.m., Room 210, Farnum Building (3-2420).
 
Local, Urban and State Affairs Committee - Wednesday, January 29, at 1:00 p.m., Room 100, Farnum Building (3-1635).
 
Trial Court Assessment Commission - Friday, January 31, at 10:30 a.m., 8th Floor Conference Room, Farnum Building (3-7000).
 
 
Senator DeGrow moved that the Senate adjourn.
The motion prevailed, the time being 8:20 p.m.
 
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, January 29, at 10:00 a.m.
 
 
CAROL MOREY VIVENTI
Secretary of the Senate.