sj02170t.014

No. 14

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, February 17, 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

Pastor Dan Stewart of Griswold Street Baptist of Port Huron offered the following invocation:

I thank You for Your amazing grace that You have showered down upon us here in our country. I thank You that we continue to retain many of those liberties that we desired when this country was founded. I pray today, Lord, that Your servants in this room would be given incredible wisdom, wisdom beyond their human limitations, as they seek to discuss the legislation that is before them. May all our actions and our words reflect the glory of Your son Jesus Christ. Father, I pray that we be sobered with the reality of our accountability to You for our leadership responsibilities that we possess. We pray all of this is the name of Your son Jesus Christ. Amen.

Motions and Communications

Senator V. Smith entered the Senate Chamber.

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

The motion prevailed.

Senator Emerson entered the Senate Chamber.

Senator Rogers moved that Senators Hoffman, North and Schwarz 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.

Senators Gast and McManus entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 16:

House Bill Nos. 4752 5184 5185 5186 5187

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, February 16, for his approval the following bill:

Enrolled Senate Bill No. 808 at 2:11 p.m.

The Secretary announced the printing and placement in the members' files on Wednesday, February 16, of:

Senate Bill Nos. 985 1005 1011 1012 1013

House Bill Nos. 5349 5350 5351 5352 5353 5354 5355 5356 5357 5358 5359

Senator Schwarz entered the Senate Chamber.

Messages from the House

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

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.

(For text of amendment, see Senate Journal No. 13, p. 100.)

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

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 10 Yeas--35

Bennett Gast McCotter Sikkema

Bullard Goschka McManus Smith, A.

Byrum Gougeon Miller Smith, V.

Cherry Hammerstrom Murphy Steil

DeBeaussaert Hart Peters Stille

DeGrow Jaye Rogers Van Regenmorter

Dingell Johnson Schuette Vaughn

Emerson Koivisto Schwarz Young

Emmons Leland Shugars

Nays--0

Excused--3

Dunaskiss Hoffman North

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.

Senators North and Hoffman entered the Senate Chamber

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:

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 1999 PA 236.

The above bill was read a third time.

The question being on the passage of the bill,

Senators DeBeaussaert and McCotter offered the following amendment:

1. Amend page 3, line 14, after "THE" by inserting "FILING OFFICIAL WHO IS NOT THE SECRETARY OF STATE OR THE".

The amendment was adopted, a majority of the members serving voting therefor.

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. 11 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 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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

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.

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. 12 Yeas--37

Gast

Nays--0

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to require certain disclosures in connection with transfers of residential property,".

The Senate agreed to the full title.

The following bill was read a third time:

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.

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. 13 Yeas--37

Gast

Nays--0

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to require certain disclosures in connection with transfers of residential property,".

The Senate agreed to the full title.

The following bill was read a third time:

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.

The question being on the passage of the bill,

Senator Jaye offered the following amendments:

1. Amend page 1, line 4, after "SHALL" by striking out the balance of the subsection and inserting "REQUIRE THAT ACCESS TO A NETWORK OR COMPUTER SYSTEM BE CONTROLLED BY A SYSTEM, INCLUDING BUT NOT LIMITED TO, A PROGRAM DESIGNED TO PREVENT MINORS FROM VIEWING OBSCENE MATTER OR SEXUALLY EXPLICIT MATTER.".

2. Amend page 2, following line 10, by inserting:

"(2) IF A GOVERNING BODY OF A LIBRARY WHICH OFFERS USE OF THE INTERNET OR A COMPUTER, COMPUTER PROGRAM, COMPUTER NETWORK, OR COMPUTER SYSTEM TO THE PUBLIC FAILS TO IMPLEMENT A SYSTEM, INCLUDING AT A MINIMUM, BUT NOT LIMITED TO A PROGRAM THAT IS DESIGNED TO PREVENT MINORS FROM VIEWING OBSCENE MATTER OR SEXUALLY EXPLICIT MATTER WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THEN THE CLERK OF THE POLITICAL SUBDIVISION OR SUBDIVISIONS IN WHICH THE LIBRARY IS LOCATED SHALL PLACE ON THE BALLOT AT THE NEXT REGULAR ANNUAL ELECTION A PROPOSITION THAT REQUIRES THE LIBRARY OFFERING USE OF THE INTERNET OR A COMPUTER, COMPUTER PROGRAM, COMPUTER NETWORK, OR A COMPUTER SYSTEM TO THE PUBLIC TO INCLUDE A PROGRAM THAT IS DESIGNED TO PREVENT MINORS FROM VIEWING OBSCENE MATTER OR SEXUALLY EXPLICIT MATTER." and renumbering the remaining subsection.

The question being on the adoption of the amendments,

Senator Jaye requested the yeas and nays.

The yeas and nays were not ordered, 1/5 of the members present not voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

The Assistant President pro tempore, Senator Hoffman, assumed the Chair.

Senator Schwarz offered the following amendment:

1. Amend page 2, following line 15, by inserting:

"(3) THIS SECTION DOES NOT APPLY TO A LIBRARY ESTABLISHED BY A COMMUNITY COLLEGE DISTRICT, A COLLEGE OR UNIVERSITY, OR A PRIVATE LIBRARY OPEN TO THE PUBLIC.".

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Schwarz requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No. 14 Yeas--20

Byrum Emerson Leland Schwarz

Cherry Emmons McManus Smith, A.

DeBeaussaert Gast Miller Smith, V.

DeGrow Hart Murphy Vaughn

Dingell Koivisto Peters Young

Nays--17

Bennett Hoffman North Sikkema

Bullard Jaye Rogers Steil

Goschka Johnson Schuette Stille

Gougeon McCotter Shugars Van Regenmorter

Hammerstrom

Excused--1

Dunaskiss

Not Voting--0

In The Chair: Hoffman

Senator V. Smith entered the Senate Chamber.

The President, Lieutenant Governor Posthumus, resumed the Chair.

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. 15 Yeas--37

Gast

Nays--0

Excused--1

Dunaskiss

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Jaye asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Jaye's first statement is as follows:

This legislation deals with the issue of minor access to pornography on the Internet. The way the bill is written, all it requires is that each of the local libraries, 130 of them, implement a system designed to prevent a minor from viewing obscene material or sexually explicit material. However, utilizing the system is too broad. It doesn't say what they have to do, if anything. I have an amendment that requires a computer filtering program as a minimum, so it's not limited to, but at a minium that there will be a computer filtering system.

Yesterday, the bill sponsor said, "My goodness, if we would require Michigan's 130 libraries district to have a computer filtering system, it would cost $10 million." Well, I talked to the county commissioner from Macomb County, who's been dealing with this issue for over five years, and she faxed me this Net Nanny flyer. The Net Nanny filtering software program for on-line safety and security costs only $27--$27 for a filtering system that libraries can have or parents can have to make sure that there is not pornography or that you don't give your name and address over the phone if the computer is not supervised. The county commissioner, Nikki Brandenburg, also told me that there are these filtering programs that are available for free that have commercial advertisement so there are ads that pop up on your screen about books, tapes, flowers, and so forth. So it's not $10 million. There are 130 library districts times $27 is 3,510 bucks statewide to have this filtering program. Plus the filtering program can be turned on and off easily. You just have a security code that can be turned on and off. So if you have an adult who goes to a librarian or reference librarian and wants to be able to access this, they can have the librarian turn it on or off, or you could turn it on and off at your home.

The second objection to my amendment is that there was a court case in, I believe, Virginia, which I talked to the county commissioner about. Her husband is an attorney. He was not involved in the case, but he did read the case. He said that the case about the filtering system did not have a lot of merit. In fact, Macomb County's libraries had this filtering system for the last year and a half, and there have been no legal challenges. This county commissioner has had broad support from the county in her efforts to have filtering systems to make sure minors don't have access for pornography on the Internet. There was such broad support that we as a Senate passed the bill last year which allows a county commissioner to serve not only as a county commissioner, but also a member of the county library board. There are a number of county commissioners not just in Macomb County, but through your counties who agree at a minium that taxpayer dollars should not be used to provide access to pornography via the Internet at our public libraries.

I hope you'll take a second look at my amendment, which does two things. Number one, it says that the libraries have at a minium, but not limited to, a program designed to prevent minors from viewing obscene matter or sexually explicit matter. And if the library board refuses to have this filtering program, the issue will go to the voters at the next general election. I'm hoping that you'll support this amendment.

Senator Jaye's second statement is as follows:

This bill is a step in the right direction. I applaud the bill sponsor for bringing it to the Legislature. I'm going to be voting for the bill. However, having a computer filtration system is like requiring a home to have a dead bolt lock. The security designed to protect children, minors, and the security of the home is like a dead bolt lock. You can unlock the door, and you can unlock this filter. So if you have a teenager who is doing research on a medical issue or classical literature, that librarian can unlock the dead bolt, but that individual has to talk to a librarian first in order to get the dead bolt unlocked. This amendment is carefully crafted to say that this Internet access to pornography would be controlled by a system including, but not limited to, a program designed to prevent minors from viewing obscene matter or sexually explicit matter.

I've already considered and discussed with the county commissioner the Headlee implications, and I've found out that we budget year after year $10 million of General Fund support to the libraries--$10 million, each and every year of General Fund appropriation funds to the libraries. This Net Nanny costs $27 and, the filtration system is free if you agree to have a commercial ad displayed on your screen when you turn on the computer. So this does recognize that we have a cost-effective way to limit minor exposure to pornography on the Internet.

I would hope that you would vote for this amendment. I applaud and appreciate what the bill sponsors are doing. However, let's be honest to our parents by saying instead of just having a policy, let's put some teeth, let's put some muscle, and let's put a dead bolt on the front door other than saying just be conscious about security of your home. So I hope you'll take a second look at the amendment and support it.

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 A. Smith 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 without amendment, the following bills:

House Bill No. 4644, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.

House Bill No. 4645, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending sections 2 and 3 (MCL 445.112 and 445.113).

The bills were placed on the order of Third Reading of Bills.

Resolutions

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

Senate Resolution No. 125

The resolution consent calendar was adopted.

Senators Goschka, Gougeon, Shugars, Van Regenmorter and Rogers offered the following resolution:

Senate Resolution No. 125.

A resolution to honor Reverend Theodore C. Melinat upon his retirement from Lutheran Child & Family Service of Michigan.

Whereas, It is with deep respect and gratitude that the members of the Michigan Senate offer heartfelt thanks to Reverend Ted Melinat for his 32 years of service with Lutheran Child & Family Service of Michigan (LCFS). Reverend Melinat used his God-given gifts to effectively lead this large organization through the years with uncommon dedication and commitment; and

Whereas, A native of Crookston, Minnesota, and a graduate of Concordia College and Seminary, Reverend Ted Melinat earned a master's degree in social work from the University of Michigan. In 1964, he served his first pastorate at Zion Lutheran Church in Comstock Park, Michigan; and

Whereas, In 1967, Reverend Melinat began his career with Lutheran Children's Friend Society of Michigan, and in 1972, he became President and CEO of that organization. The agency name was changed to Lutheran Child & Family Service of Michigan in 1981; and

Whereas, Throughout his many years of ministry with LCFS, Reverend Ted Melinat provided guidance, care, and compassion to children and families in distress. Through his personal warmth and unswerving faith in God, Reverend Melinat brought a rare and refreshing zeal to his responsibilities as President of Lutheran Child & Family Service of Michigan; and

Whereas, Through the years, Reverend Ted Melinat also served the church and community tirelessly, serving as a pastoral counselor and as a member of several service organizations and boards, including Governor Engler's Task Force on Children's Justice; and

Whereas, A loving family man, Reverend Melinat and his wife, Mary, have enjoyed nearly 39 years of marriage and have raised four daughters: Beth Marie, Kathryn Jeane, Rachael Elaine, and Lois Ellen. Clearly, his family takes great pride in this fine man who leaves a long trail of accomplishments and love as he takes a well-deserved rest; now, therefore, be it

Resolved by the Senate, That this document is dedicated to offer words of praise to honor Reverend Theodore C. Melinat for his years of ministry to the people of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Reverend Melinat and his family as evidence of our admiration and esteem.

Senators Emmons, Stille and Young were named co-sponsors of the resolution.

Senators Leland, Peters, Stille, Emmons, Bennett and A. Smith offered the following resolution:

Senate Resolution No. 126.

A resolution observing March 5-11, 2000, as National School Social Workers Week.

Whereas, The Michigan Association of School Social Workers was established over 52 years ago and now has 700 active members; and

Whereas, School social workers provide clinical skills and understanding of psychopathology, such as depression, anxiety, eating disorders, and school phobia; and

Whereas, School social workers possess assessment and diagnostic skills that are needed in the development of behavior intervention plans. They assist in coordinating individual and group interventions to improve academics and deal with issues such as divorce, rape grief, sexual abuse, anger, school violence, and harassment. In addition, they also provide crisis intervention in cases of suicide, and the death of parents, staff, and/or classmates; and

Whereas, Consultations regarding psychotrophic medications and their effects, along with home visits, evaluation of children with suspected disabilities, and coordination of the Individualized Educational Planning Committee (IEPC) are ways school social workers provide immeasurable benefits in the quality of the educational system; and

Whereas, A community can benefit from school social workers in the knowledge they provide regarding resources in areas of financial assistance, housing, counseling agencies, medical, and psychiatric support; and

Whereas, School social workers offer assistance in leadership programs, such as peer mediation, crisis teams, violence prevention, and safe and drug-free schools; and

Whereas, Michigan has over 1,800 school social workers who provide staff development, in-service training, and teacher consultations. Additionally, they are active in committee involvement on child studies, 504 Teams, school improvement, attendance, and discipline; now, therefore, be it

Resolved by the Senate, That we recognize March 5-11, 2000, as School Social Workers Week; and be it further

Resolved, That we congratulate the members of the Michigan Association of School Social Workers and commend them for their valuable contributions to the educational teams of our schools, including the central role they play in creating partnerships between home, school, and communities to ensure student academic success; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Social Workers as a reflection of our esteem.

Pending the order that, under rule 3.204, the 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 resolution,

Senator Rogers moved that further consideration of the resolution be postponed for today.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that the Committee on Government Operations be discharged from further consideration of 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.

The motion prevailed, a majority of the members serving voting therefor, and the resolution was placed on the order of Resolutions.

By unanimous consent the Senate returned to the order of

Resolutions

Senate Resolution No. 124.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Introduction and Referral of Bills

Senators Rogers, Hammerstrom, Gougeon, Goschka, Johnson and Stille introduced

Senate Bill No. 1035, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51c (MCL 206.51c), as added by 1999 PA 3; and to repeal acts and parts of acts.