sj02160t.013

No. 13

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Wednesday, February 16, 2000.

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--present

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--present

Dunaskiss--excused 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 Christopher D. Dingell of the 7th District offered the following invocation:

My usual way of finding inspiration for a prayer is to place a Bible on its spine and let it fall open where it may. Today it fell open to one of the books of wisdom, the book of Job.

Lord, the book of Job teaches that even the just may suffer here. Job's contemporaries saw adversity as a punishment for wrongdoing and an invitation for repentance. The book of Job teaches us that the sufferings of the just are not a punishment but do test their fidelity to You.

Remind us that when the other team does these things to just persons, You preserve those just persons from tests greater than they can handle. Your words remind us that the just who remain faithful will be rewarded.

Man's finite mind cannot probe the depths of the divine omniscience of Your plan. Remind us this day that the problems we encounter can be solved by a broader and deeper awareness of God's power, presence, and wisdom. Amen.

Motions and Communications

Senator Hammerstrom entered the Senate Chamber.

Senator Rogers moved that Senators Bullard and Schuette be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The following communication was received:

Department of State

Administrative Rules

Notice of Filing

February 2, 2000

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 4:02 p.m. this date, administrative rule (00-02-02) for the Department of Consumer and Industry Services, Director's Office, entitled "Cosmetology," effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

James Fackler, Acting Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, February 15:

House Bill No. 4994

The Secretary announced the printing and placement in the members' files on Tuesday, February 15, of:

Senate Bill Nos. 1006 1007 1008 1009 1010

Senator Rogers moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4591

House Bill No. 5014

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

Messages from the Governor

The following message from the Governor was received and read:

February 15, 2000

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

Michigan Board of Psychology

Dr. Linda Johnson, 144 Campau Circle NW, Grand Rapids, Michigan 49503, county of Kent, as a member representing the general public, succeeding herself, for a term expiring on December 31, 2003.

Dr. Patricia L. Watson, 46801 Elmsmere Drive, Northville, Michigan 48167, county of Wayne, as a member representing professionals, succeeding herself, for a term expiring on December 31, 2003.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

Senators Murphy, Bullard, Leland and Schuette entered the Senate Chamber.

Messages from the House

By unanimous consent the Senate proceeded to consideration of the following bill:

Senate Bill No. 657, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16348 and part 185; and to repeal acts and parts of acts.

(For text of amendments, see Journal No. 7, p. 48.)

The question being on concurring in the amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 8 Yeas--36

Bennett Gast McCotter Shugars

Bullard Goschka McManus Sikkema

Byrum Gougeon Miller Smith, A.

Cherry Hammerstrom Murphy Smith, V.

DeBeaussaert Hart North Steil

DeGrow Hoffman Peters Stille

Dingell Johnson Rogers Van Regenmorter

Emerson Koivisto Schuette Vaughn

Emmons Leland Schwarz Young

Nays--1

Jaye

Excused--1

Dunaskiss

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the full title.

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

Senate Bill No. 614, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1178 (MCL 380.1178), as amended by 1995 PA 289.

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

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

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

The Senate agreed to the full title.

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

Senate Bill No. 631, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1179.

The House of Representatives has amended the bill as follows:

1. Amend page 2, line 2, after "OR" by striking out "HEALTH CARE PROVIDER" and inserting "OTHER HEALTH CARE PROVIDER AUTHORIZED BY LAW TO PRESCRIBE AN INHALER".

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

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

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

By unanimous consent the Senate proceeded to consideration of the following bill:

Senate Bill No. 392, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627a (MCL 257.627a), as amended by 1996 PA 574.

The above bill was read a third time.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 9 Yeas--37

Bennett Goschka McCotter Shugars

Bullard Gougeon McManus Sikkema

Byrum Hammerstrom Miller Smith, A.

Cherry Hart Murphy Smith, V.

DeBeaussaert Hoffman North Steil

DeGrow Jaye Peters Stille

Dingell Johnson Rogers Van Regenmorter

Emerson Koivisto Schuette Vaughn

Emmons Leland Schwarz Young

Gast

Nays--0

Excused--1

Dunaskiss

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

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 Young 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. 938, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 111a and 111b (MCL 400.111a and 400.111b), section 111a as amended by 1986 PA 227 and section 111b as amended by 1994 PA 74, and by adding section 111i.

Substitute (S-2).

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

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

House Bill No. 4026, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 16 (MCL 169.216), as amended by 1992 PA 188.

Substitute (S-2).

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

1. Amend page 3, line 15, after "DATE" by striking out "OF THE VIOLATION" and inserting "OF THE COURT DETERMINATION OR THE DATE THE VIOLATIONS ARE CORRECTED, WHICHEVER IS LATER".

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:

House Bill No. 4591, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

Substitute (S-1).

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

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

House Bill No. 5014, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

Substitute (S-1).

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

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

Senate Bill No. 936, entitled

A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 6 (MCL 397.606), as added by 1999 PA 37.

Substitute (S-4).

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

1. Amend page 2, line 8, after "SYSTEM" by inserting "OR METHOD".

2. Amend page 2, by striking out all of line 17, and inserting "90 days after it is enacted into law.".

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communication was received and read:

Office of the Senate Majority Leader

February 16, 2000

Pursuant to Senate Rule 1.105, I hereby appoint the following members to the Conference Committee on House Bill 4305:

Senator Bennett

Senator Gast

Senator A. Smith

Sincerely,

Dan L. DeGrow

Senate Majority Leader

The communication was referred to the Secretary for record.

Resolutions

Senator Peters offered the following resolution:

Senate Resolution No. 124.

A resolution calling for an immediate halt to the demolition of certain buildings at the Clinton Valley Center in Pontiac.

Whereas, In 1998, the Michigan Legislature enacted legislation providing for the demolition of the buildings at the Clinton Valley Center (CVC). The center, which includes buildings dating from the 1870s, served our citizens for more than a century prior to its closing several years ago. The 1998 legislation provided procedures to be followed for the razing of the buildings; and

Whereas, Local citizens and groups have recently expressed renewed interest in preserving the two core buildings at the CVC. Local officials, including the mayor of Pontiac, have expressed strong interest in halting the demolition, which is underway, to pursue the new possibilities for development that have surfaced regarding the two buildings; and

Whereas, The buildings at the CVC are notable for their architectural and historic significance. Designed by Elijah Myers, who built Michigan's Capitol and statehouses in other states and was one of the Victorian Era's most accomplished architects, they are listed on both state and national historic registries. Unique resources like these buildings offer cultural rewards to our citizens that deserve special consideration. With the interest that has been demonstrated, there is also an economic factor arguing for a brief delay in the destruction of the two core buildings, which can be spared as others are razed. It would seem beneficial from several perspectives to grant an opportunity for negotiations to save the buildings; now, therefore, be it

Resolved by the Senate, That we call for an immediate halt to the demolition of the two core buildings at the Clinton Valley Center in Pontiac. We ask that the demolition on the two buildings be delayed for a period of 60 days to consider new options for development; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor and to the Department of Management and Budget.

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

Senator Young was named co-sponsor of the resolution.

Introduction and Referral of Bills

Senators Hammerstrom, Johnson, Gougeon and Rogers introduced

Senate Bill No. 1013, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1998 PA 417.

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

Senator Schuette introduced

Senate Bill No. 1014, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 207 (MCL 450.4207), as amended by 1997 PA 52.

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 Hart, Vaughn and Cherry introduced

Senate Bill No. 1015, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 626b (MCL 257.626b).

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

Senator Gast introduced

Senate Bill No. 1016, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.