sj10301t.076

No. 76

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, October 30, 2001.

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 Gougeon--present Peters--present

Bullard--present Hammerstrom--present Schuette--present

Byrum--present Hart--excused Schwarz--present

Cherry--present Hoffman--present Scott--present

DeBeaussaert--present Johnson--excused Shugars--present

DeGrow--present Koivisto--present Sikkema--present

Dingell--present Leland--present Smith--present

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

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

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

Garcia--present Murphy--excused Vaughn--excused

Gast--present North--present Young--present

Goschka--present

Senator Beverly S. Hammerstrom of the 17th District offered the following invocation:

Heavenly Father, we come before You humbly this morning as we gather to attend to the affairs of this wonderful state. We come from different political persuasions, hold different philosophies, and propose different approaches to resolve the issues before us.

As we move forward, Dear Lord, let us remember that we are all united in our desire to do what is best for the people of Michigan. Enable us to celebrate our common goal and respect our diversity. And finally, God, we ask You to grant us wisdom in our decision making. In Thy Name we pray. Amen.

Motions and Communications

Senator Emmons moved that Senator Bullard be temporarily excused from today's session.

The motion prevailed.

Senator Emmons moved that Senator Johnson be excused from today's session.

The motion prevailed.

Senator Emerson moved that Senators Murphy and Hart be excused from today's session.

The motion prevailed.

Senator Emerson moved that Senator Vaughn be excused from this week's sessions.

The motion prevailed.

Senators DeGrow, Sikkema, Smith and Young entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Monday, October 29:

House Bill Nos. 4796 4885 4886 4888 4890 5038 5181 5252 5256 5259 5263 5264 5265 5267 5269 5278 5281

The Secretary announced the printing and placement in the members' files on Thursday, October 25, of:

Senate Bill Nos. 763 764 765 766 767 768 769 770 771 772 773 774 783 784

785 786 787 788 789 790 791 792 793 794 795 796 797 799

800 801 802

Senate Joint Resolution T

House Bill Nos. 5307 5308 5309 5310 5311 5312 5313 5314 5315 5316 5317 5318 5319 5320

5321 5322 5323 5324 5325 5326 5327 5328 5329 5330 5331 5332 5333 5334

5335 5336 5337 5338 5339

The Secretary announced the printing and placement in the members' files on Friday, October 26, of:

Senate Bill Nos. 798 803 804 805 806

House Bill Nos. 5340 5341 5342

Messages from the Governor

The following messages from the Governor were received and read:

October 29, 2001

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

Commission on Services to the Aging

Dr. Nancy M. Boykin, 17224 Fairfield, Detroit, Michigan 48221-3084, county of Wayne, as a member representing Republicans, succeeding herself, for a term expiring on July 28, 2004.

Mr. Donald J. Hoffman, 7575 Woodbridge Lane, Portage, Michigan 49024, county of Kalamazoo, as a member representing Independents, succeeding himself, for a term expiring on July 28, 2004.

Mr. John M. Gonzales, 531 Townsend Drive, Apt. 2, Imlay City, Michigan 48444, county of Lapeer, as a member representing Independents, succeeding himself, for a term expiring on July 28, 2004.

Ms. Ann Marie Shoop, 23899 Lynwood Drive, Novi, Michigan 48374, county of Oakland, as a member representing Independents, succeeding herself, for a term expiring on July 28, 2004.

Ms. Donna G. Malone, 159 W. Main Avenue, Zeeland, Michigan 49464, county of Ottawa, as a member representing Democrats, succeeding Mr. Theodore W. Breitenbach of Escanaba, whose term has expired, for a term expiring on July 28, 2004.

Ms. Liana M. Bachand, 2412 E. Cardinal Drive, Midland, Michigan 48642, county of Midland, as a member representing Independents, succeeding Ms. Della M. Wright of Sandusky, who has died, for a term expiring on July 28, 2002.

October 29, 2001

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

Director of the Office of the Great Lakes

Mr. David K. Ladd, 1308 Pico, Lansing, Michigan 48910, county of Ingham, as Director, for a term expiring at the pleasure of the Governor.

October 29, 2001

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

Michigan Public School Employees' Retirement Board

Mr. Jeffrey S. Hoffman, 30997 Pine Cone, Farmington Hills, Michigan 48331, county of Oakland, as a member representing the general public with experience in health insurance and actuarial science, succeeding Mr. Robert J. Rietz of Milford, who has resigned, for a term expiring on March 30, 2002.

October 29, 2001

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

Michigan Truck Safety Commission

Dr. William C. Taylor, 1650 Roxburgh, East Lansing, Michigan 48823, county of Ingham, as a member representing four-year colleges and universities, succeeding himself, for a term expiring on August 4, 2003.

Mr. Gerald Basch, 11246 Young Drive, Brighton, Michigan 48116, county of Livingston, as a member representing the general public, succeeding himself, for a term expiring on August 4, 2003.

Mr. John E. Theroux, 1840 Gunn Road, Holt, Michigan 48842, county of Ingham, as a member representing community colleges, succeeding himself, for a term expiring on August 4, 2003.

Mr. Patrick Joseph Parker, 1470 Fairwood Drive, Traverse City, Michigan 49686, county of Grand Traverse, as a member representing the Michigan Trucking Association, succeeding himself, for a term expiring on August 4, 2003.

Mr. Gordon L. Vorce, 11647 Fenner Road, Perry, Michigan 48872, county of Shiawassee, as a member representing organized labor, succeeding himself, for a term expiring on August 4, 2003.

Ms. Mary Ellen Sheets, 2057 Hamilton Road, Okemos, Michigan 48864, county of Ingham, as a member representing the general public, succeeding herself, for a term expiring on August 4, 2003.

Mr. Roger A. Barense, 4327 Windcrest Drive, Grandville, Michigan 49418, county of Kent, as a member representing private motor carriers, succeeding Mr. Peter J. Lima of Byron Center, whose term has expired, for a term expiring on August 4, 2003.

October 29, 2001

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

Underwater Salvage and Preserve Committee

Mr. Peter J. Lindquist, 1204 Commercial Street, Munising, Michigan 49862, county of Alger, as a member representing the general public, succeeding Mr. Thomas D. Stoltmann of Beulah, whose term has expired, for a term expiring on August 17, 2004.

Mr. John W. McConnell, 540 Dodge Drive, Alpena, Michigan 49707, county of Alpena, as a member representing the general public, succeeding himself, for a term expiring on August 17, 2004.

Mr. Michael J. Spears, 220 Devonshire, Dearborn, Michigan 48124, county of Wayne, as a member representing the general public, succeeding himself, for a term expiring on August 17, 2004.

Ms. Valerie van Heest, 1134 Goodwood Court, Holland, Michigan 49424, county of Ottawa, as a member representing the general public, succeeding herself, for a term expiring on August 17, 2004.

October 29, 2001

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

Upper Peninsula State Fair Board of Managers

Mrs. Joanne M. Stefl, 2004 6th Avenue, Escanaba, Michigan 49829-2218, county of Delta, as a member representing the general public, succeeding herself, for a term expiring on September 30, 2006.

October 29, 2001

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

Michigan Women's Commission

Ms. Kamar Amanullah, 4573 Strandwyck, West Bloomfield, Michigan 48322, county of Oakland, as a member representing the general public, succeeding Ms. Inez H. Jones of Westerville, who has resigned, for a term expiring on July 15, 2003.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

Senator Bullard entered the Senate Chamber.

Messages from the House

Senate Bill No. 469, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 319, 617, and 904d (MCL 257.303, 257.307, 257.319, 257.617, and 257.904d), sections 303, 319, and 904d as amended by 2000 PA 460, section 307 as amended by 1999 PA 118, and section 617 as amended by 1989 PA 267, and by adding section 58c.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "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 impose liability upon the state or 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," by amending sections 303, 307, 319, 322, 323, 324, 617, and 904d (MCL 257.303, 257.307, 257.319, 257.322, 257.323, 257.324, 257.617, and 257.904d), sections 303 and 319 as amended by 2001 PA 103, section 307 as amended by 1999 PA 118, section 322 as amended by 1998 PA 340, section 323 as amended by 1999 PA 73, section 324 as amended by 1985 PA 79, section 617 as amended by 1989 PA 267, and section 904d as amended by 2000 PA 460.

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

Senate Bill No. 470, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 459.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 104.

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

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Emmons 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 Goschka as Chairperson.

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

Senate Bill No. 643, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act," by amending section 14 (MCL 287.714), as amended by 2000 PA 323.

Senate Bill No. 775, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 19 (MCL 208.19), as added by 1999 PA 115.

House Bill No. 5092, entitled

A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending section 5i (MCL 211.205i), as amended by 1994 PA 190.

Senate Bill No. 660, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16204a, 16204b, 16204c, and 16204d (MCL 333.16204a, 333.16204b, 333.16204c, and 333.16204d), section 16204a as amended by 1998 PA 421, section 16204b as added by 1998 PA 422, and sections 16204c and 16204d as added by 1998 PA 423.

Senate Bill No. 782, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5652, 5653, 5654, and 5655 (MCL 333.5652, 333.5653, 333.5654, and 333.5655), sections 5652 and 5655 as added by 1996 PA 594 and sections 5653 and 5654 as amended by 2000 PA 58.

The bills were 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. 4481, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

Substitute (S-2).

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

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

Senate Bill No. 525, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21712 (MCL 333.21712).

Substitute (S-1).

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

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

Senate Bill No. 661, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402a (MCL 550.1402a), as amended by 1998 PA 426.

Substitute (S-1).

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

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

Senate Bill No. 662, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212a (MCL 500.2212a), as amended by 1998 PA 424.

Substitute (S-1).

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

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

Senate Bill No. 664, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20201 (MCL 333.20201), as amended by 1998 PA 88.

Substitute (S-1).

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

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

Senate Bill No. 746, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 213 (MCL 450.1213).

Substitute (S-1).

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

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

Senate Bill No. 747, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," (MCL 450.4101 to 450.5200) by adding section 204a.

Substitute (S-1).

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

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

Senate Bill No. 781, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5656, 5657, 5658, 5659, and 5660 (MCL 333.5656, 333.5657, 333.5658, 333.5659, and 333.5660), as added by 1996 PA 594.

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 Emmons moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 4481

House Bill No. 5092

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

Senator Emmons moved that the Committee on Education be discharged from further consideration of the following bill:

Senate Bill No. 385, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 614, 617, and 1066 (MCL 380.614, 380.617, and 380.1066), section 614 as amended by 1992 PA 263, section 617 as amended by 1989 PA 268, and section 1066 as amended by 1995 PA 289.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Emmons moved that the following bills be placed at the head of the Third Reading of Bills calendar:

House Bill No. 4481

House Bill No. 5092

The motion prevailed.

The following bill was read a third time:

House Bill No. 4481, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), 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. 375 Yeas--33

Bennett Emmons Leland Scott

Bullard Garcia McCotter Shugars

Byrum Gast McManus Sikkema

Cherry Goschka Miller Smith

DeBeaussaert Gougeon North Steil

DeGrow Hammerstrom Peters Stille

Dingell Hoffman Schuette Van Regenmorter

Dunaskiss Koivisto Schwarz Young

Emerson

Nays--0

Excused--4

Hart Johnson Murphy Vaughn

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. 5092, entitled

A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending section 5i (MCL 211.205i), as amended by 1994 PA 190.

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. 376 Yeas--33

Emerson

Nays--0

Excused--4

Hart Johnson Murphy Vaughn

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 limits on the rate of taxation on property; to provide for a division of the rate of taxation between counties, townships, municipal corporations, intermediate school districts, and other local units; to earmark funds raised by increasing the total tax limitation; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts and charters and parts of charters of municipal corporations inconsistent with or contravening the provisions of this act,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4548, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 10 (MCL 207.780).

The question being on the passage of the bill,

Senator Schuette offered the following substitute:

Substitute (S-2).

The substitute 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. 377 Yeas--33

Emerson

Nays--0

Excused--4

Hart Johnson Murphy Vaughn

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 development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,".

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Miller's statement is as follows:

I rise today for a special occasion. I had the privilege--the first twenty years of my service here in this fine institution--to have an outstanding office assistant by the name of Ann Miller, no relation. We used to have to clarify that to all the constituents that it was not nepotism, but today she hit a milestone in her life.

She has since retired from working for me and now works for the giant utility enterprise known as Detroit Edison--took one of those early leave packages. Today, Mr. President, she is celebrating her sixtieth birthday. So on the eve of this Halloween, I hope that she has a great trick-or-treat and that she sees the next milestone in her life. I want to wish her well, for twenty years of service, and hope that she has many, many trick-or-treat birthdays.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Goschka and Hoffman introduced

Senate Bill No. 807, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 354 (MCL 418.354), as amended by 1987 PA 28.

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

House Bill No. 4796, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2611 (MCL 333.2611), as amended by 1989 PA 264.