No. 23

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, March 9, 2000.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz.

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--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

Reverend Donald Fairchild of West Deerfield United Methodist Church of Fostoria offered the following invocation:

O God, we come to Thee for help and light. Grant that we hallow this session to Thy service and find in Thee peace, wisdom, and strength. Grant that we may serve Thee in truth and build our work on the good foundation of justice and charity. Be with us in all of our deliberations; give us the grace to think what is right. Be our guide and counselor as we work for the good of all the citizens of this great state of Michigan, diligently meeting always on the square. Until we are called to that house not made with hands, and while standing in front of the great white throne, we hear those long-sought words from God, "Well done, good and faithful servant; enter thou into the joy of the Lord." Amen.

Senator Hoffman entered the Senate Chamber.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 8:

House Bill Nos. 5164 5232

The Secretary announced the printing and placement in the members' files on Wednesday, March 8, of:

Senate Bill Nos. 1057 1058 1059 1060 1061 1062 1063 1064 1162

House Bill Nos. 5475 5476 5477 5478 5479 5480 5481 5482

Messages from the Governor

The following messages from the Governor were received:

Date: March 7, 2000

Time: 10:20 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 509 (Public Act No. 16), being

An act to amend 1950 (Ex Sess) PA 23, entitled "An act to empower and direct the Michigan aeronautics commission to adopt airport approach plans for publicly owned airports within this state; to empower the Michigan aeronautics commission, municipalities, and other political subdivisions to promulgate, adopt, establish, administer, and enforce airport zoning regulations limiting the height of structures and objects of natural growth, and otherwise regulating the use of property in the vicinity of publicly owned airports, and to acquire, by purchase, grant, condemnation, or otherwise, air rights and other interests in land; to provide for the establishment of zoning commissions, administrative agencies, and boards of appeals to administer the provisions of this act, and to provide for their organization and procedure and appeals therefrom; and to provide penalties and remedies for violations of this act or ordinances or regulations made under the authority herein conferred; to provide for reciprocity with adjoining states maintaining and operating airports; and to repeal any inconsistent act or parts of acts," by amending section 24 (MCL 259.454).

(Filed with the Secretary of State on March 8, 2000, at 9:53 a.m.)

Date: March 7, 2000

Time: 10:22 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 515 (Public Act No. 17), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 30510 and 30512 (MCL 324.30510 and 324.30512), as added by 1995 PA 59.

(Filed with the Secretary of State on March 8, 2000, at 9:55 a.m.)

Date: March 7, 2000

Time: 10:24 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 516 (Public Act No. 18), being

An act to amend 1943 PA 183, entitled "An act to provide for the establishment in portions of counties lying outside the limits of incorporated cities and villages of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that are required for, and the maximum number of families that may be housed in dwellings, buildings, and structures that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise, of property that does not conform to the requirements of the zoning districts so provided; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies," by amending section 20 (MCL 125.220).

(Filed with the Secretary of State on March 8, 2000, at 9:57 a.m.)

Date: March 7, 2000

Time: 10:26 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 517 (Public Act No. 19), being

An act to amend 1943 PA 184, entitled "An act to provide for the establishment in townships of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings, and structures, including tents and trailer coaches, that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming property; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for the collection of fees for building permits; to provide for petitions, public hearings, and referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies," by amending section 20 (MCL 125.290).

(Filed with the Secretary of State on March 8, 2000, at 9:59 a.m.)

Date: March 7, 2000

Time: 10:28 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 518 (Public Act No. 20), being

An act to amend 1921 PA 207, entitled "An act to provide for the establishment in cities and villages of districts or zones within which the use of land and structures and the height, area, size, and location of buildings may be regulated by ordinance, and for which districts regulations shall be established for the light and ventilation of those buildings, and for which districts or zones the density of population may be regulated by ordinance; to designate the use of certain state licensed residential facilities; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise of private property that does not conform to the regulations and restrictions of the various zones or districts provided; to provide for the administering of this act; to provide for amendments, supplements, or changes in zoning ordinances, zones, or districts; to provide for conflict with the state housing code or other acts, ordinances, or regulations; to provide sanctions for the violation of this act; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; and to provide for special assessments," by amending section 5 (MCL 125.585), as amended by 1986 PA 191.

(Filed with the Secretary of State on March 8, 2000, at 10:02 a.m.)

Respectfully,

John Engler

Governor

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Jaye, Miller and DeBeaussaert offered the following resolution:

Senate Resolution No. 142.

A resolution to memorialize and honor the life and memory of David P. Sutton.

Whereas, It is with a profound sense of sadness, respect, and admiration that this legislative body honor the memory of David P. Sutton, a volunteer firefighter for the city of Fraser, Michigan; and

Whereas, On Saturday, March 4, 2000, David Sutton made the ultimate sacrifice as a firefighter when he entered a burning building to save the life of an elderly woman. He became the first Fraser firefighter to die in the line of duty; and

Whereas, The Michigan Senate also honors the heroism of volunteer firefighter, Robert Kokko, Jr., who suffered severe burns while entering the same burning building to save the life of an elderly woman; and

Whereas, The tragic death and heroism of David Sutton has touched the hearts and minds of thousands of citizens throughout our state and nation who share in his family's sorrow; and

Whereas, A special memorial service honoring David Sutton will be held at Bethesda Christian Church in Sterling Heights. The flags will fly half-mast at the Fraser Public Safety Department, and his colleagues will wear a mourning ribbon across their badges. We will bow our heads and join the family, friends, and colleagues for a moment of silence and heartfelt appreciation for this courageous young man. His ultimate sacrifice and heroism has touched our lives and will remain in our memory forever; now, therefore, be it

Resolved, That on behalf of the citizens of Michigan, we extend our condolences and respect to David's wife, Michelle Sutton; his parents, Douglas and Linda Sutton; his sisters, Kimberly Middleditch, DeAnna Skoney, and Michelle Warren; his grandparents, Edith Lee and Lillian Lyttle; and his extended family, friends, and colleagues. The passing of David has left an unfillable void. May his loved ones find comfort in their faith and in the knowledge that many people share in their bereavement. David's heroic legacy will live in our hearts and minds and inspire our entire community, state, and nation; and be it further

Resolved, That a copy of this resolution be transmitted to the family of David P. Sutton, firefighter Robert Kokko, Jr., and the Fraser Public Safety Department with our deepest sympathy, respect, and gratitude for the legacy of service and heroism entrusted to us all.

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 resolution was adopted.

Senator Rogers moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

A moment of silence was observed in memory of Fraser firefighter David P. Sutton.

Senators Young and Schuette entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 5389, 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.

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. 55 Yeas--36

 

Bennett	Emmons	Koivisto	Schuette
Bullard	Gast	Leland	Schwarz
Byrum	Goschka	McCotter	Shugars
Cherry	Gougeon	McManus	Sikkema
DeBeaussaert	Hammerstrom	Miller	Steil
DeGrow	Hart	Murphy	Stille
Dingell	Hoffman	North	Van Regenmorter
Dunaskiss	Jaye	Peters	Vaughn
Emerson	Johnson	Rogers	Young

Nays--1

Smith, A.

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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. 5391, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.

The question being on the passage of the bill,

Senator Byrum offered the following amendments:

1. Amend page 9, following line 17, by inserting:

"(W) FOR THE 2000 TAX YEAR AND EACH TAX YEAR AFTER THE 2000 TAX YEAR AND TO THE EXTENT INCLUDED IN ADJUSTED GROSS INCOME, DEDUCT UNEMPLOYMENT BENEFITS RECEIVED IN THE TAX YEAR. AS USED IN THIS SUBDIVISION, "UNEMPLOYMENT BENEFITS" MEANS BENEFITS RECEIVED UNDER A STATE OR FEDERAL UNEMPLOYMENT BENEFIT PROGRAM.".

2. Amend page 11, line 13, by striking out all of subdivision (D).

The question being on the adoption of the amendments,

Senator Byrum requested the yeas and nays.

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

Senator Rogers moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

The following bill was read a third time:

House Bill No. 5393, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.

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. 56 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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. 4769, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 1998 PA 384.

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. 57 Yeas--34

 

Bennett	Gast	McCotter	Schwarz
Bullard	Goschka	McManus	Shugars
Byrum	Gougeon	Miller	Sikkema
DeBeaussaert	Hammerstrom	Murphy	Smith, A.
DeGrow	Hart	North	Steil
Dingell	Hoffman	Peters	Stille
Dunaskiss	Jaye	Rogers	Van Regenmorter
Emerson	Johnson	Schuette	Vaughn

Emmons Koivisto

Nays--3

Cherry Leland Young

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1045, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 1105, 1106, 1107, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2519, 2702, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3956, 5101, 5204, 5213, 5219, 5308, 5406, 6306, 7206, 7409, 7501, and 7507 (MCL 700.1103, 700.1105, 700.1106, 700.1107, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2519, 700.2702, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3956, 700.5101, 700.5204, 700.5213, 700.5219, 700.5308, 700.5406, 700.6306, 700.7206, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Van Regenmorter offered the following amendment:

1. Amend page 13, following line 7, by inserting:

"Sec. 1214. Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, or except as provided in section 185 of the banking code of 1969, 1969 PA 319, MCL 487.485 4405 OF THE BANKING CODE OF 1999, 1999 PA 276, MCL 487.14405, a fiduciary in the fiduciary's personal capacity shall not engage in a transaction with the estate that the fiduciary represents and shall not invest estate money in a company, corporation, or association with which the fiduciary is affiliated, other than as a bondholder or minority stockholder. A fiduciary in the fiduciary's personal capacity shall not personally derive a profit from the purchase, sale, or transfer of the estate's property. A fiduciary's deposit of money in a bank or trust company, in which the fiduciary is interested as an officer, director, or stockholder, does not constitute a violation of this section.".

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. 58 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

Senator Van Regenmorter offered to amend the title to read as follows:

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 1105, 1106, 1107, 1213, 1214, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2519, 2702, 2718, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3956, 5101, 5204, 5213, 5219, 5308, 5406, 6302, 6306, 7206, 7303, 7409, 7501, and 7507 (MCL 700.1103, 700.1105, 700.1106, 700.1107, 700.1213, 700.1214, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2519, 700.2702, 700.2718, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3956, 700.5101, 700.5204, 700.5213, 700.5219, 700.5308, 700.5406, 700.6302, 700.6306, 700.7206, 700.7303, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

Senate Bill No. 1005, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 376 (MCL 380.376), as added by 1999 PA 10, and by adding part 4A and section 1206.

The question being on the passage of the bill,

Senator Peters offered the following amendments:

1. Amend page 1, line 10, after "ORDER" by inserting "THAT HAS ELECTED TO BECOME A QUALIFYING SCHOOL DISTRICT PURSUANT TO SECTION 276".

2. Amend page 2, line 7, after "THE" by striking out the balance of the line through "PART" on line 8 and inserting "QUESTION SUBMITTED UNDER SECTION 276 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

3. Amend page 3, line 6, after "(1)" by striking out "UPON THE EFFECTIVE DATE OF THIS PART" and inserting "BEGINNING 10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 276 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

4. Amend page 3, line 18, after "(2)" by striking out the balance of the line through "PART" on line 19 and inserting "BEGINNING 10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 276 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

5. Amend page 4, line 2, by striking out "EFFECTIVE DATE OF THIS PART" and inserting "QUESTION SUBMITTED UNDER SECTION 276 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

6. Amend page 5, line 16, after "BEGINNING" by striking out "ON THE EFFECTIVE DATE OF THIS PART" and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 276 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

7. Amend page 10, following line 24, by inserting:

"SEC. 276. (1) A SCHOOL DISTRICT IS NOT A QUALIFYING SCHOOL DISTRICT UNDER THIS PART, AND THIS PART DOES NOT APPLY TO THE SCHOOL DISTRICT, UNLESS THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT IS APPROVED BY A MAJORITY OF THE SCHOOL ELECTORS OF THAT SCHOOL DISTRICT VOTING ON THE QUESTION. THE SCHOOL BOARD OF A SCHOOL DISTRICT THAT WOULD OTHERWISE BE A QUALIFYING SCHOOL DISTRICT UNDER SECTION 271(B) SHALL SUBMIT THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT TO THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 60 AND NOT MORE THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS PART.

THE QUESTION SHALL BE SUBMITTED IN SUBSTANTIALLY THE FOLLOWING FORM:

"SHALL ____________________ (INSERT NAME OF SCHOOL DISTRICT) BECOME A QUALIFYING SCHOOL DISTRICT UNDER PART 4A OF THE REVISED SCHOOL CODE, WHICH WOULD PROVIDE FOR A STATE-APPOINTED CHIEF EXECUTIVE OFFICER IN PLACE OF THE ELECTED SCHOOL BOARD?

YES ( )

NO ( )".

(2) IF A MAJORITY OF THE SCHOOL ELECTORS OF THE SCHOOL DISTRICT VOTING ON THE QUESTION UNDER SUBSECTION (1) VOTE IN FAVOR OF THE QUESTION, THE SCHOOL DISTRICT IS A QUALIFYING SCHOOL DISTRICT, AND THIS PART IS APPLICABLE TO THE SCHOOL DISTRICT, UPON CERTIFICATION OF THE ELECTION RESULTS.

(3) THIS STATE SHALL REIMBURSE A SCHOOL DISTRICT FOR THE COSTS OF THE SPECIAL ELECTION REQUIRED UNDER THIS SECTION.".

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

Senator Peters requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 59 Yeas--15

 

Byrum	Emerson	Leland	Smith, A.
Cherry	Goschka	Miller	Vaughn
DeBeaussaert	Hart	Murphy	Young
Dingell	Koivisto	Peters

Nays--22

 

Bennett	Gougeon	McManus	Shugars
Bullard	Hammerstrom	North	Sikkema
DeGrow	Hoffman	Rogers	Steil
Dunaskiss	Jaye	Schuette	Stille
Emmons	Johnson	Schwarz	Van Regenmorter

Gast McCotter

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

Protest

Senator Emmons, under her constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senator Peters to Senate Bill No. 1005 and moved that the statement she made during the discussion of the amendments be printed as her reasons for voting "no."

The motion prevailed.

Senator Emmons' statement is as follows:

I oppose this amendment. One of the things that wasn't said was that Benton Harbor has been getting $5 million extra on top of the money they receive. If indeed my school districts--some of them are very poor and do not have the finances behind them that Benton Harbor had--if we had an extra $5 million for 30 years, our test scores wouldn't be down where Benton Harbor's are because we'd have done something for kids that would have helped their learning. So I think this is appropriate. I hope that the federal judge can get out of the case and that state people can figure out how to help those children be able to learn and be successful. It's a crying shame when you look at the test scores down there and know for 30 years we've left them behind. We have a responsibility if we're giving people money to also have some say in it. And when they don't use the money to bring their children up to where they need to be to be successful in life, then we've got to do something. I would oppose this amendment.

Senator Peters offered the following amendment:

1. Amend page 6, line 19, after "GOVERNANCE" by inserting a comma and "AND SPECIFIC PLANS FOR INSTITUTING CLASS SIZE REDUCTION, TEACHER TRAINING, AFTER-SCHOOL PROGRAMS, AND TUTORING".

The question being on the adoption of the amendment,

Senator Peters requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 60 Yeas--16

 

Byrum	Emerson	Koivisto	Peters
Cherry	Goschka	Leland	Smith, A.
DeBeaussaert	Hammerstrom	Miller	Vaughn
Dingell	Hart	Murphy	Young

Nays--21

 

Bennett	Gougeon	McManus	Shugars
Bullard	Hoffman	North	Sikkema
DeGrow	Jaye	Rogers	Steil
Dunaskiss	Johnson	Schuette	Stille
Emmons	McCotter	Schwarz	Van Regenmorter

Gast

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

Protests

Senators Emmons, Rogers, Shugars, North, McManus and Steil, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Peters to Senate Bill No. 1005.

Senator Emmons' statement, in which Senators Shugars, North, McManus and Steil concurred, is as follows:

I voted against this amendment because I do believe that they need as much freedom to choose the strategy to raise the standards in Benton Harbor. It's not about money; it's about what's happening to kids in Benton Harbor. So we're going to try to put them in a position where some different decisions can be made and kids will flourish--that is the intent of this bill.

Senator Rogers' statement, in which Senators Shugars, North, McManus and Steil concurred, is as follows:

It is sad to see today. The Senator from the 14th District is more about show me the money than he is about show me the results. Let me talk about some things that are working in the takeover plan and the rescue plan for Detroit schools. I just want to cover a few of them. We are not turning lives around in a day or two. We know this is a long process, but we have stepped up to the plate and said that kids are more important than the status quo. What I see here today is continued fighting for the status quo for what has not worked.

Just since that school rescue plan there has been $76 billion in repairs done to this school that previously was not even looked at. That is 6,000 classrooms that got repaired. Two thousand toilets that were not functional are now functional. In recruitment they had their best year in 10 years. Seven hundred and fifty new certified teachers were recruited. Again, the best in 10 years. For truancy, they implemented a plan to get after kids who were chronically truant. They have talked to parents. They are working with parents. Of the 100 parents who did not respond, they have been called by the prosecutor to be held accountable for their kids not being in school. They have developed a plan and implemented a plan ending social promotion. Over 30,000 children are going to be in summer school this year getting educated--getting educated so that they can move on and have an opportunity for the benefits of what a good education can do for them in their lives and their families. They have reduced class size in 20 percent of the schools. Twenty percent of the schools in Detroit now have reduced class sizes. They have negotiated new contracts with all of their unions. All of them have been settled--18 new contracts. They have gone from 800 uncertified teachers to 550. Senator, if you call that walking away from school kids, I do not know what getting a good education is.

I think the colleagues on the other side of the aisle ought to be ashamed for trying to put up one more hurdle; throwing up one more barrier to kids from getting a quality education. Do not defend the institution that is not working. Do not defend bureaucracy. Let us stand up for the kids who deserve every effort and every opportunity that we can give them.

This plan is going to help them get a good education and give them an opportunity to get out of poverty, get a better life, take care of their families, and do great things for America. Standing in the way is not going to do it, Senator. Putting up a hurdle is not going to do it. I would urge the rejection of this amendment and all amendments that stand in the way of the children of this great state having available every opportunity for a good education.

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. 61 Yeas--23

 

Bennett	Goschka	McCotter	Shugars
Bullard	Gougeon	McManus	Sikkema
DeGrow	Hammerstrom	North	Steil
Dunaskiss	Hoffman	Rogers	Stille
Emmons	Jaye	Schuette	Van Regenmorter
Gast	Johnson	Schwarz

Nays--14

 

Byrum	Emerson	Miller	Smith, A.
Cherry	Hart	Murphy	Vaughn
DeBeaussaert	Koivisto	Peters	Young

Dingell Leland

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

Senator Stille offered to amend the title to read as follows:

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 371, 372, 374a, 376, and 402 (MCL 380.371, 380.372, 380.374a, 380.376, and 380.402), sections 371, 372, 374a, and 376 as added and section 402 as amended by 1999 PA 10, and by adding part 4A and section 1206.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

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

The motion prevailed.

Senator McCotter's statement is as follows:

The good Senator from the 10th District mentioned that this had been a troubled school district since 1967. I was born in 1965, so for 32 of my 34 years there's been problems in this school district. It would seem to me that the call that we have heard from some to do nothing, and then to turn around and say that we are walking away by implementing this legislation or passing it, is contradictory. Dante wrote, "The hottest places in hell are reserved for those who attempt to preserve their neutrality in times of moral crisis." I think when an entire generation of children--a generation and half--is being cheated out of an education, the worst thing we could do would be to do nothing or to wait or delay.

Recess

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

The motion prevailed, the time being 10:59 a.m.

11:15 a.m.

The Senate was called to order by the President pro tempore, Senator Schwarz.

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

House Bill No. 5391, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.

(The above bill was read a third time earlier today, amendments offered and consideration postponed. See p. 267.)

By unanimous consent the Senate proceeded to consideration of the following amendment offered by Senator Goschka:

1. Amend page 12, line 21, after "statistics." by inserting "FOR EACH YEAR AFTER THE 2000 TAX YEAR, THE EXEMPTIONS ALLOWED UNDER SUBSECTION (3) SHALL BE ADJUSTED BY MULTIPLYING THE EXEMPTION AMOUNT UNDER SUBSECTION (3) FOR THE TAX YEAR BEGINNING IN 2000 BY A FRACTION, THE NUMERATOR OF WHICH IS THE UNITED STATES CONSUMER PRICE INDEX FOR THE STATE FISCAL YEAR ENDING THE TAX YEAR PRIOR TO THE TAX YEAR FOR WHICH THE ADJUSTMENT IS BEING MADE AND THE DENOMINATOR OF WHICH IS THE UNITED STATES CONSUMER PRICE INDEX FOR THE 1998-1999 STATE FISCAL YEAR. THE RESULTANT PRODUCT SHALL BE ROUNDED TO THE NEAREST $100.00 INCREMENT.".

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

The question being on the adoption of the amendments offered by Senator Byrum,

Senator Rogers moved that the amendments and the remaining amendment be considered en bloc.

The motion prevailed.

Senator Dingell offered the following amendment:

1. Amend page 11, following line 15, by inserting:

"(E) FOR TAX YEARS BEGINNING AFTER 1999, A TAXPAYER WHO DOES NOT CLAIM AN EXEMPTION FOR A DEPENDENT UNDER SUBDIVISION (B), MAY CLAIM AN ADDITIONAL EXEMPTION EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SUBSECTION (2)(F) FOR EACH QUALIFIED FAMILY MEMBER WHO LIVED IN THE TAXPAYER'S HOME FOR MORE THAN 6 MONTHS DURING THE TAX YEAR. AS USED IN THIS SUBSECTION, "QUALIFIED FAMILY MEMBER" MEANS AN INDIVIDUAL WHO MEETS THE FOLLOWING CRITERIA:

(A) IS THE PARENT, GRANDPARENT, STEPPARENT, STEP GRANDPARENT, SIBLING, CHILD, STEPCHILD, AUNT, OR UNCLE OF THE TAXPAYER.

(B) MEETS THE MEDICAL ELIGIBILITY REQUIREMENTS FOR ADMISSION INTO A NURSING HOME UNDER TITLE XVIII OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 1395 TO 1395b, 1395b-2, 1395b-6 TO 1395B-7, 1395C to 1395i, 1395i-2 TO 1395i-5, 1395j TO 1395t, 1395u TO 1395w, 1395w-2 TO 1395w-4, 1395w-21 TO 1395w-28, 1395x TO 1395yy, AND 1395bbb TO 1395ggg, AND TITLE XIX OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 1396 TO 1396f, 1396g-1 TO 1396r-6, AND 1396r-8 TO 1396V.".

The question being on the adoption of the amendments offered by Senators Bryum and Dingell,

Senator Cherry requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 62 Yeas--16

 

Byrum	Emerson	Koivisto	Peters
Cherry	Goschka	Leland	Smith, A.
DeBeaussaert	Hart	Miller	Vaughn
Dingell	Jaye	Murphy	Young

Nays--21

 

Bennett	Gougeon	McManus	Shugars
Bullard	Hammerstrom	North	Sikkema
DeGrow	Hoffman	Rogers	Steil
Dunaskiss	Johnson	Schuette	Stille
Emmons	McCotter	Schwarz	Van Regenmorter

Gast

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

Protest

Senator Emmons, under her constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senators Byrum and Dingell to House Bill No. 5391 and moved that the second statement she made during the discussion of the amendments be printed as her reasons for voting "no."

The motion prevailed.

Senator Emmons' statement is as follows:

I would just point out one thing. When we look at this amendment, we need to realize there are a number of seasonal workers who make very good incomes who this also would give some relief to. If we want to do the kind of thing that the Senator from the 25th wants to do, we really need to target it to people who are on the low end of the scale. So the poorest people are not penalized because we have done an across-the-board tax cut for some people who have higher incomes. If we're going to look at this, we ought to really look at helping the poorest of the poor. I don't recall that the good Senator from the 25th has a bill, in my committee or any committee that would actually discuss that and look at this as something we ought to do. Today it got stuck on this bill but if you're really serious about this, it seems you really ought to introduce a bill. We ought to talk about it and make a collective decision about whether we want to do it or not.

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. 63 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

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

The motion prevailed.

Senator Dingell's statement is as follows:

There's a saying in public that imitation is the best form of flattery. Here we have an illustration of something that we say in the Legislature that grand theft legislative is the sincerest form of flattery. You know, it's interesting that a few minutes after I introduced a similar amendment the Republicans drafted up one of their own and essentially stole my amendment. I am delighted that we're going to do this. I am rising, therefore, in support of the Goschka amendment. I just want everyone to know that its progeny was on this side of the aisle, not that side.

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 pro tempore, Senator Schwarz, designated Senator Byrum as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 5145, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 13b, 19a, 19b, and 19c of chapter XIIA (MCL 712A.1, 712A.13b, 712A.19a, 712A.19b, and 712A.19c), section 1 as amended by 1998 PA 478, section 13b as added and section 19a as amended by 1997 PA 163, section 19b as amended by 1998 PA 530, and section 19c as amended by 1998 PA 479.

The bill 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. 5144, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 7, 8, and 8d (MCL 722.622, 722.627, 722.628, and 722.628d), section 2 as amended by 1998 PA 531, section 7 as amended by 1998 PA 485, and section 8 as amended and section 8d as added by 1998 PA 484.

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 5145

House Bill No. 5144

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

House Bill No. 5145, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 13b, 19a, 19b, and 19c of chapter XIIA (MCL 712A.1, 712A.13b, 712A.19a, 712A.19b, and 712A.19c), section 1 as amended by 1998 PA 478, section 13b as added and section 19a as amended by 1997 PA 163, section 19b as amended by 1998 PA 530, and section 19c as amended by 1998 PA 479.

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. 64 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5144, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 7, 8, and 8d (MCL 722.622, 722.627, 722.628, and 722.628d), section 2 as amended by 1998 PA 531, section 7 as amended by 1998 PA 485, and section 8 as amended and section 8d as added by 1998 PA 484.

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. 65 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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 the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 404, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, and sections 20920, 20921, and 20965 as amended by 1997 PA 78.

The House of Representatives has nonconcurred in the Senate amendments to House substitute (H-2) and appointed Reps. Law, DeWeese and Schauer as conferees.

The message was referred to the Secretary for record.

Senate Bill No. 766, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1104 (MCL 380.1104), 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. 1038, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30e.

The House of Representatives has amended the bill as follows:

1. Amend page 1, line 6, after "unless" by striking out "Senate Bill No. 1037" and inserting "House Bill No. 5391".

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Rogers moved that the rule be suspended.

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

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. 66 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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. 1036, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as added by 1997 PA 81.

The House of Representatives has amended the bill as follows:

1. Amend page 2, following line 12, by inserting:

"Enacting section 1. It is the intent of the legislature that the enactment of this amendatory act shall not reduce the amount that would have been available for deposit into the school aid fund under section 51 of the income tax act of 1967, 1967 PA 281, MCL 206.51, if this amendatory act had not been enacted.".

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Rogers moved that the rule be suspended.

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

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. 67 Yeas--37

 

Bennett	Gast	Leland	Schwarz
Bullard	Goschka	McCotter	Shugars
Byrum	Gougeon	McManus	Sikkema
Cherry	Hammerstrom	Miller	Smith, A.
DeBeaussaert	Hart	Murphy	Steil
DeGrow	Hoffman	North	Stille
Dingell	Jaye	Peters	Van Regenmorter
Dunaskiss	Johnson	Rogers	Vaughn
Emerson	Koivisto	Schuette	Young

Emmons

Nays--0

Excused--1

Smith, V.

Not Voting--0

In The Chair: Schwarz

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that rule 2.106 be suspended to allow the Conference Committee on House Bill No. 4305 to meet during Senate session.

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

By unanimous consent the Senate returned to the order of

Resolutions

Senators Schwarz, Gast and Cherry offered the following resolution:

Senate Resolution No. 144.

A resolution urging the U.S. Department of Labor to approve Trade Adjustment Assistance for terminated workers of the Kellogg Company's Battle Creek South Plant.

Whereas, On June 17, 1999, the Kellogg Company announced plans to close its South Plant in Battle Creek, Michigan, thus ending local production of brand-named cereal products: Corn Flakes, Cocoa Krispies, Frosted Flakes, Froot Loops, Apple Jacks, and Cocoa Frosted Flakes; and

Whereas, Governor John Engler visited Battle Creek and met with the Kellogg Company executives on June 24, 1999. An effort was made to retain jobs and maintain production at the South Plant site, offering renaissance zone status and numerous other economic incentives; and

Whereas, The impact for 500 hourly workers was displacement as a result of the plant's closing, with 230 workers accepting early retirement. The remaining 280 workers were slated to be terminated from employment by March 31, 2000; and

Whereas, To provide income maintenance, retraining, and transition to new employment for its affected workers and their families, Bakery, Confectionary, Tobacco Workers and Grain Millers (BCTGM) Local 3-G filed petition number TA-W-37, 63 with the U.S. Department of Labor for Trade Adjustment Assistance; and

Whereas, On February 11, 2000, the U.S. Department of Labor's Employment and Training Administration issued a "negative determination regarding eligibility to apply for worker adjustment assistance" and informed Local 3-G of its right to request administrative reconsideration by the department within 30 days; and

Whereas, BCTGM Local 3-G has compiled additional documentation for its request for administrative reconsideration, strengthening its case for federal Trade Adjustment Assistance for former workers of the Battle Creek South Plant; now, therefore, be it

Resolved by the Senate, That the Michigan Senate urge the U.S. Department of Labor, Employment and Training Administration, Division of Trade Adjustment Assistance to favorably review BCTGM Local 3-G's petition number TA-W-37, 63 in a timely and expeditious manner. Awarding Trade Adjustment Assistance to the former workers of the Kellogg Company's Battle Creek South Plant would help them move forward with their lives; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, Director of the U.S. Department of Labor's Employment and Training Administration, members of the Michigan congressional delegation, Bakery, Confectionary, Tobacco Workers and Grain Millers Local 3-G, Michigan Department of Career Development, Kellogg Company, and Barry, Branch and Calhoun Workforce Development Board.

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 the resolution be referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs.

The motion prevailed.

Senators Byrum, DeBeaussaert, Emerson, Young, Leland, A. Smith, Miller, Vaughn, Hart, Murphy, Koivisto, Dingell, Cherry and Peters offered the following resolution:

Senate Resolution No. 145.

A resolution to memorialize the Congress of the United States to support the President's School Modernization Tax Credit Bond Proposal.

Whereas, President Clinton's School Modernization Tax Credit Bond Proposal provides $24.8 billion in tax credit bonds over two years to modernize up to 6,000 public schools. The proposal costs $3.7 billion over five years and is fully paid for in the FY 2001 budget; and

Whereas, This new type of tax credit bond would provide interest-free financing to help state and local governments pay for school construction and renovation to help address issues of aging facilities and overcrowding. Instead of paying the interest and principal on school construction bonds, the issuer would only be responsible for repaying the principal. The federal government would provide tax credits to the bondholders in lieu of interest payments; and

Whereas, The School Modernization Tax Credit Bond Proposal includes a $1.3 billion school urgent/emergency renovation interest-free loan and grant proposal. This initiative leverages nearly $7 billion for approximately 8,300 renovation projects in high-poverty, high-need school districts with little or no capacity to fund urgent repairs. If continued over five years the program would leverage $34.5 billion, which is enough to pay for approximately 41,500 renovation projects. The loans and grants would target those districts unable to finance the interest costs associated with facility renovation and could include repairs to roofs, climate control systems, or plumbing. Loans and grants could also fund school modernization to improve technological capabilities if no other source of funds is available; and

Whereas, Nationally, $112 billion is needed to repair existing public schools across the nation. One-third of all public schools, approximately 25,000, need extensive repair or replacement. The average public school is 42 years old, and school buildings begin to rapidly deteriorate after 40 years. Moreover, a record 52.7 million children are enrolled in elementary and secondary school today, and this number will climb to 54.3 million by 2008; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to support the President's School Modernization Tax Credit Bond Proposal; and be it further

Resolved, That a copy of this resolution be transmitted to the President of the United States, 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 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 the resolution be referred to the Committee on Finance.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Cherry, Byrum and Johnson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Cherry's statement is as follows:

I rise to respond to some comments that I read in the paper earlier in this week that were made by the Senator of the 12th District in regards to apparently a statement made by the prosecutor from Macomb County and how that prosecutor intended to deal with the incident in which the Senator from the 12th was involved in. As I read that article and read those remarks, it seemed to me that what the Senator from the 12th was saying was that the prosecutor from Macomb County was proceeding on some charges against the Senator from the 12th for political reasons because he was seeking higher office, specifically election to the Supreme Court in the state of Michigan.

Mr. President, I would suggest that what the prosecutor from Macomb County was doing was fulfilling his obligation under the Constitution and the laws of the state of Michigan. And that if, in fact, he had chose not to proceed or not to respond to the question in the fashion that he did, he would have been more roundly criticized by people within his county and citizens across the state.

I think that when those of us, unfortunately, in public office face certain circumstances that cause us to have legal charges brought against us, oftentimes we are held to a higher standard. That's been the case in a number of incidents, and it's not an unusual set of circumstances. It's a fact of political life. It's a fact of life for any public official. I don't think that when we face those circumstances we ought to be attributing to any prosecutor motivations beyond what the prosecutor has as an obligation to fulfill as their responsibilities to the citizens of the county they represent, fulfill their responsibility to the Constitution of the state of Michigan, or fulfill the responsibilities under the statute that we here, in fact, have adopted as a Legislature and signed into law by the governors of this state.

I don't wish to comment on the incident itself. That is to be judged later on. But clearly, I want to stand up before the Senate and say that in my personal belief the prosecutor from Macomb County is a man of integrity, and when called upon to do his job, he will do it. And when he is asked if he will do his job and he says "yes," then he ought not be criticized for it, or should his motivations be impugned that they are less than what they are, which is that he has a legal responsibility and he intends to assume that responsibility under the law. Mr. President, I think that Carl Marlinga is a fine individual and does not deserve the kind of dispersions that were cast on him earlier in the week by the Senator from the 12th District.

Senator Byrum's statement is as follows:

Today, I introduced Senate Resolution No. 145 that calls on Congress to support President Clinton's school modernization tax credit bond proposal. This resolution is most timely considering the Senate's debate today. Although the different sides of the aisle may disagree on the best solution for struggling school districts, we all have agreed that improving school infrastructure is key to any plan for success. This resolution recognizes that one-third of our schools need extensive repairs.

The average public school is 42 years old, and yet public school enrollment is at a record high. President Clinton has an excellent proposal for funding school renovations. His proposal would provide $24.8 billion in tax credit bonds over two years to modernize 6,000 schools. This new bond would provide interest-free financing to schools for construction and renovation. Instead of paying interest, schools would only be responsible for paying the principal. I hope the Senate Finance Committee and the entire body will support this resolution. This is an excellent way to show our commitment to school infrastructure improvements.

Senator Johnson's statement is as follows:

I rise to encourage the other side of the aisle--since we're encouraging those of us on this side to support President Clinton and his efforts to improve the infrastructure of our schools. I rise to encourage the other side of the aisle to support President Clinton in his efforts to create more charter schools.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Bennett introduced

Senate Bill No. 1163, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).

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 Dunaskiss, Murphy, Steil, Dingell and North introduced

Senate Bill No. 1164, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 75 (MCL 421.75), as amended by 1997 PA 90.

The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs.

Senator Young introduced

Senate Bill No. 1165, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

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

House Bill No. 5164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1999 PA 267.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5232, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2955b.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

Committee Reports

The Committee on Finance reported

Senate Bill No. 584, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 10.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Joanne Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 585, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 8.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Joanne Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4927, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8379 (MCL 600.8379), as amended by 1990 PA 54.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4928, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4929, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," (MCL 257.951 to 257.954) by adding section 5.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4930, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355.

With the recommendation that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4931, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605 and 716 (MCL 257.605 and 257.716), section 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427.

With the recommendation that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

The Committee on Transportation and Tourism reported

House Bill No. 4932, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7, 7b, 7c, and 11 (MCL 480.17, 480.17b, 480.17c, and 480.21), sections 7 and 11 as amended and section 7c as added by 1995 PA 265 and section 7b as amended by 1990 PA 339.

With the recommendation that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Bill Bullard, Jr.

Chairperson

To Report Out:

Yeas: Senators Bullard, Steil and Leland

Nays: Senators North and Hart

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation and Tourism submits the following:

Meeting held on Tuesday, March 7, 2000, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Bullard (C), Steil, North, Leland and Hart

The Committee on Health Policy reported

Senate Bill No. 694, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending the title and section 2006 (MCL 500.2006), the title as amended by 1998 PA 457, and by adding section 2006a.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom, Schwarz, Byrum and Murphy

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Health Policy reported

Senate Bill No. 696, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom, Schwarz, Byrum and Murphy

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Health Policy reported

Senate Bill No. 698, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21095 and 21095a.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dale L. Shugars

Chairperson

To Report Out:

Yeas: Senators Shugars, Hammerstrom, Schwarz, Byrum and Murphy

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submits the following:

Meeting held on Tuesday, March 7, 2000, at 3:00 p.m., Room 405, Capitol Building

Present: Senators Shugars (C), Hammerstrom, Schwarz, Byrum and Murphy

COMMITTEE ATTENDANCE REPORT

The Committee on Gaming and Casino Oversight submits the following:

Meeting held on Tuesday, March 7, 2000, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Steil (C), Shugars, Van Regenmorter and Koivisto

Excused: Senator V. Smith

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Health submits the following:

Meeting held on Tuesday, March 7, 2000, at 2:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Gougeon (C), Schwarz, Bennett, Emerson and A. Smith

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submits the following:

Meeting held on Wednesday, March 8, 2000, at 1:30 p.m., Senate Appropriations Room, Capitol Building

Present: Senators Schwarz (C), McManus, Hoffman, Koivisto and A. Smith

Scheduled Meetings

Appropriations Committee - Tuesday, March 14 and Wednesday, March 15, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Community Colleges Appropriations Subcommittee - Tuesday, March 14, at 11:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Economic Development, International Trade and Regulatory Affairs - Tuesday, March 14, at 1:00 p.m., Room 110, Farnum Building (3-7946).

Education Committee - Wednesday, March 15, at 3:00 p.m., Room 810, Farnum Building (3-7350).

Family Independence Agency Appropriations Subcommittee - Thursday, March 16, at 3:00 p.m., Room 100, Farnum Building; Thursday, March 23, at 1:00 p.m., Room 100, Farnum Building; Thursday, March 30, at 1:00 p.m., Room 100, Farnum Building; Tuesday, April 4, at 1:00 p.m., Room 210, Farnum Building; Thursday, April 6, at 1:00 p.m., Room 100, Farnum Building; Tuesday, April 11, at 1:00 p.m., Room 210, Farnum Building; Thursday, April 13, at 3:00 p.m., Room 100, Farnum Building; Tuesday, May 2, at 1:00 p.m., Room 210, Farnum Building; and Tuesday, May 9, at 1:00 p.m., Room 210, Farnum Building (3-1760).

Higher Education Appropriations Subcommittee - Friday, March 10, at 10:00 a.m., Ferris State University, Grand Rapids Campus, Grand Rapids; and Tuesday, March 14, at 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-3447).

Judiciary Committee - Wednesday, March 15, at 1:00 p.m., Rooms 402 and 403, Capitol Building (3-6920).

Natural Resources and Environmental Affairs Committee - Monday, March 13, at 7:00 p.m., Macomb Community College, Center Campus, "K" Building, Room 137, 44575 Garfield Road, Clinton Township; Thursday, March 23, at 6:00 p.m., Northwestern Michigan College, Oleson Center - Rooms 1 and 2, 1701 E. Front Street, Traverse City; Thursday, April 6, at 6:00 p.m., Lake Superior State University, Cisler Student and Conference Center - Ontario-Michigan Room, 650 Easterday Avenue, Sault Ste. Marie; and Monday, April 10, at 6:00 p.m., Monroe City Hall, Council Chamber, 120 E. First Street, Monroe (3-0797).

Technology and Energy Committee - Wednesday, March 15, at 3:00 p.m., Rooms 402 and 403, Capitol Building (3-2417).

Transportation and Tourism Committee - Tuesday, March 14, at 3:00 p.m., Room 110, Farnum Building (3-1758).

Senator Rogers moved that the Senate adjourn.

The motion prevailed, the time being 12:20 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, March 14, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.