sj09289t.061

No. 61

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, September 28, 1999.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Dick Posthumus.

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

Bennett--present Hammerstrom--present Rogers--present

Bullard--present Hart--present Schuette--present

Byrum--present Hoffman--present Schwarz--excused

Cherry--present Jaye--present Shugars--present

DeBeaussaert--present Johnson--present Sikkema--present

DeGrow--present Koivisto--present A. Smith--present

Dingell--present Leland--present V. Smith--excused

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

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

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

Gast--present Murphy--present Vaughn--present

Goschka--present North--present Young--present

Gougeon--present Peters--present

Senator Kenneth R. Sikkema of the 31st District offered the following invocation:

Our Father and our God, we ask that You bless the proceedings of the Senate today--not just our session this morning, but all the committee meetings, informal conversations, and work that takes place. Regardless of our partisan affiliation, where we are from in the state, or our ideological persuasion, we ask that You give us the wisdom, understanding, courage, and the spirit of cooperation that's necessary to be about the people's business.

Finally, Lord, we thank You for this opportunity to serve in this institution, and we thank You for how You have richly blessed our communities and this state in the years gone by.

This, and more, we ask of Your name. Amen.

Motions and Communications

Senator Rogers moved that Senator Schwarz be excused from today's session.

The motion prevailed.

Senator Schwarz is conducting a lecture at the University of Michigan for a public policy class on the role of the state in higher education.

Senators Dunaskiss and A. Smith entered the Senate Chamber.

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

The motion prevailed.

Senator Leland entered the Senate Chamber.

Senator Rogers moved that rule 3.902 be suspended to allow the guests of Lieutenant Governor Posthumus admittance to the Senate floor.

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

Senator Rogers moved that rule 3.901 be suspended to allow photographs to be taken on the Senate floor, including the center aisle and Gallery.

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

Recess

Senator Rogers moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:05 a.m.

10:10 a.m.

The Senate was called to order by the President, Lieutenant Governor Posthumus.

During the recess, the President of the Senate introduced Jim Dreyer, who swam Lake Michigan and Lake Huron on behalf of the Big Brothers/Big Sisters program, and was presented a special tribute.

Mr. Dreyer responded briefly.

The following communication was received:

Department of Environmental Quality

September 17, 1999

I am submitting a list of ten research projects approved for funding under the Michigan Great Lakes Protection Fund in compliance with Act 156 of the Public Acts of 1989. Section 10.(1) of the Act requires that this list be submitted annually to the legislature. This is the second round of grants awarded in fiscal year 1999.

These projects were recommended by the Michigan Great Lakes Protection Fund Technical Advisory Board after extensive review. Also enclosed is a listing of the criteria used in assigning priority to the projects.

If you have any questions, please contact Mark Coscarelli at 335-4227, or you may contact me.

Sincerely,

G. Tracy Mehan, III, Director

Office of the Great Lakes

517-335-4056

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 23:

House Bill Nos. 4414 4599 4600 4601

The Secretary announced the printing and placement in the members' files on Thursday, September 23 of:

House Bill No. 4843

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

Senate Bill Nos. 681 682 683 684 685 686 687 688 689 690 691 692 693 694

695 696 697 698 699 700 701 702 703 704 705 706 707 708

709 710 711 712 713 714 715 716 717 718 719 720 721 722

723 724 725 726 727 728 729 730 731 732 733 734 735 736

737 738 739 740

House Bill Nos. 4834 4835 4836 4837 4838 4839 4840 4841 4842 4844 4845 4846 4847 4848

4849 4850 4851 4852

Messages from the Governor

The following messages from the Governor were received and read:

September 24, 1999

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

State Board of Land Surveyors

Ms. Lori Ellen Beyer, 2230 Rivenoak Court, Ann Arbor, Michigan 48103, county of Washtenaw, as a member representing land surveyors, succeeding Mr. James H. Granger of Cheboygan, who has resigned, for a term expiring on March 31, 2001.

Mr. Robert Andrew Goodreau, 445 Maple Street, Kingsford, Michigan 49802, county of Dickinson, as a member representing land surveyors, succeeding Mr. Earl W. Applekamp of Ewen, whose term has expired, for a term expiring on March 31, 2003.

September 24, 1999

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

State Tax Commission

Mr. Mark A. Hilpert, 23210 Gilbar, Novi, Michigan 48375, county of Oakland, as a member representing Republicans and as Chair, succeeding himself, for a term expiring on September 13, 2005.

September 24, 1999

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

Michigan Board of Nursing

Mrs. Carolyn Taylor Boone, 1860 Hillside Farm Road, Grayling, Michigan 49738, county of Crawford, as a member representing the general public, succeeding herself, for a term expiring on June 30, 2003.

Ms. Dee M. White, 4132 Circle View Drive, Williamsburg, Michigan 49690, county of Grand Traverse, as a member representing the general public, succeeding Ms. Peggy R. Bransdorfer of Ada, whose term has expired, for a term expiring on June 30, 2003.

Dr. Patricia W. Underwood, 6435 Rothbury Street, Portage, Michigan 49024, county of Kalamazoo, as a member representing nurses with a master's degree who are engaged in nursing education, succeeding herself, for a term expiring on June 30, 2003.

Ms. Susan J. Meeker, 3105 E. Village Lane, Port Huron, Michigan 48060, county of St. Clair, as a member representing nurses with a master's degree who are engaged in nursing education, succeeding herself, for a term expiring on June 30, 2003.

Ms. Cynthia Ann Phillips, 118 Blenheim, Spring Arbor, Michigan 49283, county of Jackson, as member representing registered nurses without a baccalaureate degree who are engaged in the nursing practice or administration, succeeding herself, for a term expiring on June 30, 2003.

Ms. Rosemarie A. DeLoof, 204 St. Ives N., Lansing, Michigan 48906, county of Ingham, as a member representing licensed practical nurses, succeeding Ms. Jennifer Lanczak of Pinconning, whose term has expired, for a term expiring on June 30, 2003.

Ms. Gail E. Urness, 4930 Fairway Ridge Circle, West Bloomfield, Michigan 48323, county of Oakland, as a member representing nurses without a baccalaureate degree who are engaged in the nursing practice or administration, succeeding Ms. Patricia E. Pittenger of Lansing, who has resigned, for a term expiring on June 30, 2003.

Sandy Place, 411 North Street, Morenci, Michigan 49256, county of Lenawee, as a member representing nurses without a baccalaureate degree who are engaged in the nursing practice or administration, for a term expiring on June 30, 2003.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Posthumus, designated Senator Dingell as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Posthumus, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 633, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

Substitute (S-3).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 7, after "bombing," by striking out "or".

2. Amend page 2, line 7, after "bomb" by inserting a comma and "OR THREAT TO USE A HARMFUL DEVICE, SUBSTANCE, OR MATERIAL".

3. Amend page 4, following line 2, by inserting:

"(5) AS USED IN THIS SECTION:

(A) "HARMFUL DEVICE, SUBSTANCE, OR MATERIAL" INCLUDES, BUT IS NOT LIMITED TO, A DEVICE, SUBSTANCE, OR MATERIAL AS DEFINED IN SECTION 200H (E) TO (J) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.200H.

(B) "LOCAL UNIT OF GOVERNMENT" MEANS:

(i) A CITY, VILLAGE, TOWNSHIP, OR COUNTY.

(ii) A LOCAL OR INTERMEDIATE SCHOOL DISTRICT.

(iii) A PUBLIC SCHOOL ACADEMY.

(iv) A COMMUNITY COLLEGE.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 634, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as added by 1998 PA 317.

Substitute (S-2).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 27, after "the" by striking out the balance of the line and inserting "date this amendatory act is enacted.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 635, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as added by 1998 PA 345.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 5, line 22, after "means" by striking out the balance of the subdivision and inserting "ANY OF THE FOLLOWING:

(i) A CITY, VILLAGE, TOWNSHIP, OR COUNTY.

(ii) A LOCAL OR INTERMEDIATE SCHOOL DISTRICT.

(iii) A PUBLIC SCHOOL ACADEMY.

(iv) A COMMUNITY COLLEGE.".

2. Amend page 6, following line 6, by inserting:

"(F) "STATE" INCLUDES A STATE INSTITUTION OF HIGHER EDUCATION." and relettering the remaining subdivision.

3. Amend page 6, line 11, after "the" by striking out the balance of the line and inserting "date this amendatory act is enacted.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

Senators Rogers, McManus, Gougeon, Stille, Sikkema, Hoffman, Steil, Gast, Van Regenmorter, Hammerstrom, Johnson, North, Bullard, Schwarz, Goschka and Shugars offered the following concurrent resolution:

Senate Concurrent Resolution No. 21.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to repeal the inheritance tax for farmers.

Whereas, One of the cornerstones of our state and nation is the family farm. In addition to the role that this enterprise plays in feeding the world and the impact agriculture has on our economy, the family farm remains a defining component of rural communities across the country. Michigan farms are among the most productive, both in the quality and the quantity of crops grown; and

Whereas, The number of farms is decreasing steadily in Michigan and throughout the United States. According to the National Agriculture Statistics Service of the United States Department of Agriculture, the number of farms in Michigan has dropped from 93,504 in 1964 to 46,027 in 1997; and

Whereas, While there are a host of factors that contribute to the decline in the number of farms, the federal estate tax system is a significant impediment to the tradition of farms passing from generation to generation. Because of the estate tax, which effectively begins with an estate valued at $650,000, many families are unable to pass the land to family members who wish to continue farming. With the very high rate of estate taxes, which begins at 37 percent and escalates to more than half of the value of the estate exceeding the threshold, many families have to sell all or part of the land to pay the taxes; and

Whereas, Efforts to raise the exemption amount for the federal estate tax, which is rising through legislation enacted a few years ago, are inadequate to address the problems facing farm families. It is unrealistic, counterproductive, and unfair to tax families off their farms. This problem must be addressed swiftly, before another element of American life vanishes; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to repeal the inheritance tax for farmers; and be it further

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

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

Senator Rogers moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Rogers moved that the concurrent resolution be referred to the Committee on Finance.

The motion prevailed.

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

Senator Peters offered the following resolution:

Senate Resolution No. 81.

A resolution to urge the Governor to work with Oakland University officials to arrange an IRS-approved minimum distribution of the pension of Professor Philip Singer.

Whereas, Philip Singer, an active professor at Oakland University, has been denied any distribution of his pension. His appeals have been turned down, even though, at the age of 74, he is well beyond retirement age and well beyond the age at which other retirement vehicles, like IRAs and 401K accounts, require a minimum distribution; and

Whereas, Professor Singer made his request for an IRS-approved minimum distribution of pension benefits in applications to and communications with the university's administration and its board of trustees. His requests noted the appropriateness of the distribution of a small portion of his retirement money even as he continues to serve the university as a productive faculty member. This situation is not unlike many others in which public servants--including elected officials--begin to draw retirement money while they continue to serve in full-time, publicly funded positions; and

Whereas, The money Professor Philip Singer is seeking is money his long years of service have earned. It is inconsistent for some public entities to permit such distributions while others hold captive the resources an employee has earned and is fully vested in; now, therefore, be it

Resolved by the Senate, That we urge the Governor to work with Oakland University officials to arrange an IRS-approved minimum distribution of the pension of Professor Philip Singer; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

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

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Miller's statement is as follows:

Lieutenant Governor, I would like to take the privilege of a statement about one of our former colleagues.

Sunday night, Mr. President, I received a phone call about 10:00 p.m. from a former colleague who many people here know, Henry Stallings. Senator Stallings, as we all know, was a victim of a serious attack at an ATM machine in Detroit on Thursday evening. It was a very, very terrifying attack. Mr. Stallings was shot three times. His companion was also terrorized and was not shot, but was extremely--and I'm not sure of the terminology--but was very, very victimized and terrorized herself.

Henry Stallings is in a hospital in Detroit. If any of the members would like to send him a get well card, he would appreciate it. He escaped, Mr. Lieutenant Governor, with his life. He was shot three times, and I told the good Senator Sunday night that our prayers and thoughts would be with him for a speedy recovery. It's very, very unfortunate that any person, let alone a former Senator, would have to experience that type of danger to their life.

We wish him well. I know he wanted to be here today for the retirees luncheon, but due to this circumstance, it was very, very damaging to his life. We wish him well and hope that he recuperates and gets back on his feet and runs his business in Detroit.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Johnson, Hammerstrom and Emmons introduced

Senate Bill No. 741, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520c and 520e (MCL 750.520c and 750.520e), section 520c as amended by 1983 PA 158 and section 520e as amended by 1996 PA 155.

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

Senators Bennett and McCotter introduced

Senate Bill No. 742, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 516.

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

Senators Cherry, Young and Vaughn introduced

Senate Bill No. 743, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3135 (MCL 500.3135), as amended by 1995 PA 222.

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

Senators Stille, Bennett, Goschka, Hammerstrom, Rogers, Emerson, Cherry, Byrum, Johnson and Shugars introduced

Senate Bill No. 744, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 27.

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

Senators Emmons, Steil, Rogers, Miller, Shugars, V. Smith, Johnson, Hammerstrom, Sikkema, Stille, Bennett, McCotter and Gast introduced

Senate Bill No. 745, entitled

A bill to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts.