sj12041t.085

No. 85

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, December 4, 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 not present.

Bennett--present Gougeon--present Sanborn--present

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

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

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

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

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

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

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

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

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

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

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

Goschka--present Peters--present

Senator William Van Regenmorter of the 22nd District offered the following invocation:

Our Heavenly Father, You say in Romans 13 that government is established by You to do good. Help us to meet that requirement. In Jesus Christ's name we pray. Amen.

Recess

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

The motion prevailed, the time being 10:02 a.m.

10:51 a.m.

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

Senators Young, Murphy, Sikkema, Bullard, Cherry, Steil, Gougeon, Schuette, Schwarz, Bennett, North, Garcia, Goschka, Shugars, Dunaskiss, Hammerstrom, Stille, McManus, Hoffman, DeGrow, Johnson, Sanborn, Gast and McCotter entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator Emmons moved that rule 3.902 be suspended to allow the guests of Senator Bullard admittance to the Senate floor, including the center aisle.

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

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

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

Recess

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

The motion prevailed, the time being 10:52 a.m.

11:01 a.m.

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

During the recess Senator Bullard introduced to the Senate Center Stage, the Milford High School Choral Group of Highland.

Center Stage rendered several holiday selections.

The following communication was received:

Department of Consumer and Industry Services

November 20, 2001

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report:

Type of Report Facility License #

Renewal Approval Report Park Place Residential Care Center CS390201357

This report was preformed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our web site at the following address: http://www.cis.state.mi.us/fast/leg_rep.htm.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communication was referred to the Secretary for record.

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

House Bill Nos. 4812 4860 4980 5210 5214 5215 5317 5357 5382

The Secretary announced the printing and placement in the members' files on Thursday, November 29, of:

House Bill Nos. 5457 5458 5459 5460

The Secretary announced the printing and placement in the members' files on Friday, November 30, of:

House Bill Nos. 5474 5478

The Secretary announced the printing and placement in the members' files on Monday, December 3, of:

Senate Bill Nos. 829 830 831 832 833 834 835 836 837 838 839 840 841 842

843 844 845 846 847 848 849 850 851 852 853 854 855 856

857 858 859 860 861 862 863 864 865 866 867 868 869 870

871 872 873 874 875 876 877 878 879 880 881

House Bill Nos. 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5475

5476 5477

House Joint Resolutions S T

Senator Emerson moved that Senator Smith 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.

Messages from the Governor

The following message from the Governor was received:

Date: November 29, 2001

Time: 4:24 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 30 (Public Act No. 172), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 16277.

(Filed with the Secretary of State on November 30, 2001, at 10:40 a.m.)

Respectfully,

John Engler

Governor

The following message from the Governor was received and read:

November 29, 2001

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

Michigan Board of Chiropractic

Mr. Jack L. Pettet, 993 Orchard Avenue, South Haven, Michigan 49090, county of Van Buren, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2005.

Mr. Clifford T. Flood, 402 Shoreline Drive, DeWitt, Michigan 48820, county of Clinton, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2005.

Mr. Mark Handler, 4925 Christie Court, Midland, Michigan 48640, county of Midland, as a member representing the general public, succeeding Mr. James M. Hamilton of Ann Arbor, whose term has expired, for a term expiring on December 31, 2005.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator 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 Assistant President pro tempore, Senator Hoffman, designated Senator Garcia 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. 213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1231 and 1236 (MCL 380.1231 and 380.1236), section 1236 as amended by 1995 PA 289, and by adding section 1236a.

House Bill No. 4811, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 5028, 5412, and 7918 (MCL 500.5028, 500.5412, and 500.7918), section 7918 as amended by 1980 PA 41, and by adding section 121.

House Bill No. 4333, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 2000 PA 150.

Senate Bill No. 826, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21766 (MCL 333.21766), as amended by 1994 PA 73.

Senate Bill No. 647, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1319.

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. 5146, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 2000 PA 171.

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. 76, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 507 (MCL 600.507), as amended by 1994 PA 138.

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. 764, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 508 and 8134 (MCL 600.508 and 600.8134), section 8134 as amended by 1987 PA 75.

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. 765, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 504 (MCL 600.504), as amended by 1996 PA 388.

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. 766, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 517 (MCL 600.517), as amended by 1990 PA 54.

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. 786, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8121 (MCL 600.8121), as amended by 2000 PA 449.

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. 825, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 518 and 521 (MCL 600.518 and 500.521), section 518 as amended by 1988 PA 134 and section 521 as amended by 1990 PA 54.

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. 827, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401, 7403, 7407, and 7521 (MCL 333.7401, 333.7403, 333.7407, and 333.7521), sections 7401 and 7403 as amended by 2000 PA 314, section 7407 as amended by 1993 PA 80, and section 7521 as amended by 2000 PA 302.

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. 828, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1999 PA 89.

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. 645, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310e, 319, and 732 (MCL 257.303, 257.310e, 257.319, and 257.732), sections 303, 319, and 732 as amended by 2001 PA 103 and section 310e as amended by 2000 PA 456.

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.

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. 5341

House Bill No. 5342

The motion prevailed.

The following bill was read a third time:

House Bill No. 5341, entitled

A bill to commission and confer certain police and arrest powers on certain sergeants at arms and assistant sergeants at arms in the legislative branch; to prescribe certain duties and responsibilities of certain state employees; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator DeBeaussaert offered the following amendments:

1. Amend page 3, line 1, after "officers" by inserting a period and striking out the balance of the subsection.

2. Amend page 3, following line 26, by inserting:

"(9) The senate bipartisan sergeant at arms oversight committee is established. The senate bipartisan sergeant at arms oversight committee shall consist of 6 members of the senate, and membership shall be equally divided between the majority and minority parties. The senate majority and minority leaders shall appoint 3 members of their respective caucus to serve as members on the oversight committee. The senate bipartisan sergeant at arms oversight committee shall have full authority over the sergeant at arms provided for in this act.".

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

Senator Emerson 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. 517 Yeas--14

Byrum Emerson Miller Schwarz

Cherry Hart Murphy Scott

DeBeaussaert Koivisto Peters Young

Dingell Leland

Nays--22

Bennett Gast McCotter Shugars

Bullard Goschka McManus Sikkema

DeGrow Gougeon North Steil

Dunaskiss Hammerstrom Sanborn Stille

Emmons Hoffman Schuette Van Regenmorter

Garcia Johnson

Excused--2

Smith Vaughn

Not Voting--0

In The Chair: Schwarz

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. 518 Yeas--30

Bennett Emmons Koivisto Schwarz

Bullard Garcia McCotter Shugars

Byrum Gast McManus Sikkema

Cherry Goschka North Steil

DeGrow Gougeon Peters Stille

Dingell Hammerstrom Sanborn Van Regenmorter

Dunaskiss Hoffman Schuette Young

Emerson Johnson

Nays--6

DeBeaussaert Leland Murphy Scott

Hart Miller

Excused--2

Smith 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.

The Senate agreed to the title of the bill.

Protests

Senators DeBeaussaert, Scott and Miller, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5341 and moved that the statements they made during the discussion of the amendments offered by Senator DeBeaussaert and the bill be printed as their reasons for voting "no."

The motion prevailed.

Senator DeBeaussaert's first statement is as follows:

This is the bill that would convey police powers on our legislative sergeant of arms officers in the House and the Senate. Let me begin by saying that I have great appreciation and respect for all the people who have served as sergeants in my seven years here and for those who serve here today. But I think that when we're talking about conveying new powers, we need to do so thoughtfully and deliberatively and create a process which will allow for a proper oversight to make sure that those new powers are used appropriately.

It seems to me that one way we could do that is through the amendment that I offered that would create a bipartisan commission, an oversight committee, established with six members--three from each party--that would allow for that oversight to occur on a bipartisan basis. It will allow for a thoughtful kind of review to occur and would answer any questions that, in fact, we might be creating a new power for police powers through our sergeants that would be controlled and could be controlled on a partisan basis. Regardless of which party is in power, it seems to me appropriate to have this new power be reviewed in a bipartisan basis. I offer this proposal as a way to, I think, improve this bill to provide additional security for the chamber, doing so in a way that can provide proper oversight to make sure that those powers are used appropriately.

Senator DeBeaussaert's second statement is as follows:

It would seem to me that the precedent for having a bipartisan panel to review the operations of a group within the Senate is already established. We have a commission that looks at the Senate Fiscal Agency. I believe we have bipartisan groups of equal numbers of members of both sides, and the idea is to make sure that these, in fact, are bipartisan operations--that there is no partisan tinge. It seems to me that it is appropriate, especially with these new important police powers that are being discussed here, to make sure that we have that kind of a review process in place. And again, regardless of who is in power, which party is in power, it seems appropriate to make sure that there is a bipartisan tinge in review of the efforts and the operations of the sergeants with these new powers.

Senator DeBeaussaert's third statement is as follows:

This amendment is not directed in any way at any given leader today. We're establishing important new powers for the future. The previous speaker and the speaker at the podium now will not be here in 2003, but this new power will continue to be here. It seems to me that we should put in place a process that doesn't rely on the individual personalities of leaders, but provides a process for the overall Senate to be comfortable with for the future, so there is that kind of overall evenhandedness in the approach and review of this operation.

Senator Scott's statement is as follows:

I am opposed to this bill. This bill will create two classes of sergeants: one group certified as police officers and another group uncertified without police authority who may have greater seniority than the other group. This will require higher salaries for their additional duties. We can cut the budget on the backs of the poor and then pay higher salaries for more security for ourselves. This does not look good to the public. Along with the arrest powers, will these in-house officers execute search warrants and seize items from our offices? If so, at whose behest?

As a former mayor with experience in dealing with a public safety department, my question is who would oversee this new category of officers? Who will conduct the background checks on the new hires? Who will conduct the trial boards and misconduct hearings? We may be granting too much power and merely duplicating the power that is already rightfully vested in the Michigan State Police and our Capitol Security officers. Perhaps we should seek a redeployment of our State Police and Capitol Security, rather than create a new in-house police force.

Senator Miller's statement is as follows:

I rise here today as the member of this body who has been here longer than any other member. I've served here under a lot of great sergeants, and I think that the sergeants do just a fabulous job here providing security, safety, direction, and assistance. Whatever you need, those sergeants are there. But, Mr. President, I want to say that I thought my colleague from Macomb County had a great amendment. I think that we need to take a look at reviewing and setting standards here.

I have yet to hear from one sergeant why they need police authority. Not one of them ever said to me that they're in fear of this chamber being raided or that they need to arrest people. I think they do a great job, but I think we also have the finest police department--one of the finest--in the whole country with the Michigan State Police. If we need more security or more enforcement, let's call them. I've been here for 25 years, and I will speak for what a great job they do. But I don't think that we need to be giving our sergeants police power, and I hope that the membership here will reject this bill. If we need more security, then let's put together a very comprehensive plan and bring in the Michigan State Police. This is their headquarters here in Lansing. Let's talk about it. This is the first time I've ever heard that we need police authority, and not once have I heard from a sergeant here that he or she wants that type of responsibility.

The following bill was read a third time:

House Bill No. 5342, entitled

A bill to amend 1965 PA 203, entitled "Commission on law enforcement standards act," by amending section 2 (MCL 28.602), as amended by 1998 PA 237.

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. 519 Yeas--29

Bennett Emmons Johnson Schuette

Bullard Garcia Koivisto Schwarz

Byrum Gast McCotter Shugars

Cherry Goschka McManus Sikkema

DeGrow Gougeon North Steil

Dingell Hammerstrom Peters Stille

Dunaskiss Hoffman Sanborn Van Regenmorter

Emerson

Nays--7

DeBeaussaert Leland Murphy Young

Hart Miller Scott

Excused--2

Smith 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 creation of the commission on law enforcement standards; to prescribe its membership, powers, and duties; to prescribe the reporting responsibilities of certain state and local agencies; to provide for additional costs in criminal cases; to provide for the establishment of the law enforcement officers training fund; and to provide for disbursement of allocations from the law enforcement officers training fund to local agencies of government participating in a police training program,".

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Emmons moved that consideration of the following concurrent resolution be postponed for today:

Senate Concurrent Resolution No. 11

The motion prevailed.

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

Senate Resolution No. 139

The resolution consent calendar was adopted.

Senators DeBeaussaert and Sanborn offered the following resolution:

Senate Resolution No. 139.

A resolution honoring the Chippewa Valley High School Big Reds Football Team, Michigan High School Athletic Association Division II State Champions.

"The spirit, the will to win, and the will to

excel--these are the things that endure."

-- Vince Lombardi

Whereas, It is a distinct pleasure for the Michigan Senate to join with the families, staff, and community of Chippewa Valley Public Schools in celebrating the achievements of the 2001 Chippewa Valley High School Football Team on its great success this season. In a hard-fought victory at the Pontiac Silverdome on November 23, 2001, against a formidable opponent from Jenison High School, the Big Reds earned the title of Michigan High School Athletic Association Division II State Football Champions; and

Whereas, This represents the culmination of an outstanding season and the first state football title to be taken back to Chippewa Valley High School. It is also only the second state football title for Macomb County and Chippewa Valley's first state championship in any sport. This team has much to be proud of; and

Whereas, All championship teams demonstrate their character over the long season as well as the playoffs. The Chippewa Valley High School Football Team overcame the disappointment of two season-opening losses, winning the next ten games to become tri-champions of the Macomb Area Conference Red Division. The Big Reds defeated the University of Detroit-Jesuit 21-7 to earn its spot in the state championship game. Their talent, teamwork, and determination have earned the respect of fans at home and across the state; and

Whereas, We admire the efforts, team spirit, and dedication of these talented young people who are proud to be Chippewa Valley Big Reds:

Team Captains

Jeff Kastl Chris Mattina Eric Stevens Ken Troia

Team Members

Nick Brudnak Dennis Brynaert Mike Bulgarella Brian Coatney

Justin Coddington John Cooper Sam D'Alessandro Jeff Deliz

Andy Denryter Joel Dumouchelle Mike Fecteau Nick Fincher

P J Giordimaina Brad Greib Eric Griffin David Hennel

Brett Higgins Jeff Jones Justin Karchner Dan Krsteski

Chris Lamb Jason Lockard Steve Lyons David Madrigal

Fiori Mangone Mike Matway Martin Nissan Pat O'Leary

Nick Onifer Tom Raab Ian Rhodes Nick Saad

Scott Scheibner Ed Skowneski Ryan Slone T J Sobolewski

Luzell Stoudermire Bill Stys Joe Sulla Matt Taylor

Larry Thayer Anthony Tocco Bill Watts Jermaine White

Chris Winkel Mark Wojcicki Nate Wolf Mike Zielinski

; and

Whereas, The Chippewa Valley Big Reds also had outstanding guidance and leadership throughout this season. Therefore, we recognize Head Coach Mike Carr, winner of the 2001 Macomb County Coach of the Year award, and his coaching staff: Greg Baur, Ted Drogosh, Gregg James, Randy Jarmaga, Dave Miller, Bob Newvine, Brian Schorman, and Terry Wilson. We also recognize the team managers: Anthony Biondo, David Stevens, and Mark Zelmanski; and trainers: Rachel Lloyd and Ken Schornak; now, therefore, be it

Resolved by the Senate, That we extend our congratulations to the 2001 Chippewa Valley High School Big Reds Football Team, Michigan High School Athletic Association Division II State Champions, and the Chippewa Valley Public School District; and be it further

Resolved, That a copy of this resolution be transmitted to Head Coach Mike Carr, the Chippewa Valley High School Football Team, Principal David Cannan, and Superintendent Dr. Patricia Kennedy as a token of our esteem and congratulations.

Senator Miller was named co-sponsor of the resolution.

House Concurrent Resolution No. 48.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

Whereas, Over the past four decades, nuclear power has become a significant source for the nation's production of electricity. Michigan is among the majority of states that derive energy from nuclear plants; and

Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with the waste material that is produced. This high-level radioactive waste material demands exceptional care in all facets of its storage and disposal, including the transportation of this material; and

Whereas, In 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the Department of Energy, to build a facility for the permanent storage of high-level nuclear waste. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste facility. The costs for this undertaking are to be paid from a fee that is assessed on all nuclear energy produced; and

Whereas, In accordance with the federal act, Michigan electric customers have paid $405.8 million into this federal fund for construction of the federal waste facility; and

Whereas, There are serious concerns that the federal government is not complying with the timetables set forth in federal law. Every delay places our country at greater risk, because the large number of temporary storage sites at nuclear facilities across the country make us vulnerable to potential problems. The events since September 11, 2001, clearly illustrate the urgency of the need to establish a safe and permanent high-level nuclear waste facility as soon as possible. The Department of Energy, working with the Nuclear Regulatory Commission, must not fail to meet its obligation as provided by law. There is too much at stake; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Energy and the Nuclear Regulatory Commission.

The House of Representatives has adopted the concurrent resolution.

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

Senator Emmons moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Emmons moved that the concurrent resolution be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

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

Senate Concurrent Resolution No. 31.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Agriculture Animal Health Diagnostic Laboratory.

(For text of resolution, see Senate Journal No. 70, p. 1803.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for the record.

Senate Concurrent Resolution No. 32.

(For text of resolution, see Senate Journal No. 70, p. 1804.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for the record.

Senate Concurrent Resolution No. 33.

(For text of resolution, see Senate Journal No. 70, p. 1805.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for the record.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Young, Byrum, Emmons, Stille, McCotter and Goschka asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Young's statement is as follows:

This past Sunday, I had the opportunity to attend the Michigan State University 2001 Football Bust. We have among us one of our sergeants, Charlie Thornhill, who happens to have been honored at this affair with the Duffy Daugherty Award. But what I wanted to bring to the members' attention was that not only was he honored with the Duffy Daugherty Award, but his son Josh Thornhill was honored as the Most Valuable Player, which is quite a feat in itself, in that it's a vote of the players themselves. It's not only those two things that took place that are very historical, and I relate that to my own experience in terms of having served with my father in the Michigan House of Representatives. It's also knowing the importance and appreciating the fact that father and son teams demonstrate the principles and the character that need to be passed on to individuals moving toward their future.

Not only is his son Josh a highly talented linebacker for Michigan State University, but he's a well-mannered, very principled young man, just as his father Charlie Thornhill is. That brings me to the comments that Mr. Thornhill made at the 2001 Bust as he talked to Chris Baker, Duron Bryan, Matt Dawes, Little John Flowers, Tony Grant, Lorenzo Guess, Herb Haygood, Craig Jarrett, Matt Kropf, Derrick Lee, Ivory McCoy, Nick Myers, David Schaefer, Josh Shaw, DeMario Suggs, and Josh Thornhill--his son--as well as Ryan Van Dyke about how character is built. This is a very important thing that I think should be relayed to all of us. He talked about during difficult times, you have to have a full bucket, and when you give a 110-150 percent when you come off the field, that bucket should be empty. And if you lose, you have 24 hours of sadness, and if you win, you have 24 hours of joy. What he mentioned is that while we may have failures in our lives, we can overcome those, and we must continue to move forward.

I think in giving this message to the 2001 seniors, he also indicated that at a time when he was coming forth in football, coming from the state of Virginia--coming to the North, as he put it--Duffy Daugherty insisted that if ballplayers are going to be together, they would be a family. And being a family would give them success. We know that "Mad Dog" Charlie Thornhill, who stands over here by the window with Senator Ray Murphy, is trying to get some of the same stature. I think we ought to give this man applause for not only the fantastic job he does here, but for the fantastic job he did with his son, his family, and for the Michigan State Spartans.

Senator Byrum's statement is as follows:

Last week, I had the privilege of representing this body and the people of Michigan at a conference in Salt Lake City to discuss the streamlined sales tax initiative. Unfortunately, this important meeting coincided with three days of session. I would like the record to show that had I been present on November 27-29, I would have voted as follows:

Roll call number 489, "yes"

Roll call number 490, "yes"

Roll call number 491, "yes"

Roll call number 492, "yes"

Roll call number 493, "yes"

Roll call number 494, "no." Senator Miller's "no" vote explanation should serve as my own.

Roll call number 495, "yes"

Roll call number 496, "yes"

Roll call number 497, "yes"

Roll call number 498, "yes"

Roll call number 499, "yes"

Roll call number 500, "yes"

Roll call number 501, "yes"

Roll call number 502, "yes"

Roll call number 503, "yes"

Roll call number 504, "yes"

Roll call number 505, "no"

Roll call number 506, "yes"

Roll call number 507, "no"

Roll call number 508, "no"

Roll call number 509, "yes"

Roll call number 510, "no." This is a vote against consumers. I do not believe that we should be giving away consumers' rights to a fair interest rate when insurance companies unfairly drag their feet before paying rightful claims. I have held several hearings and heard from over 100 Michigan residents on ways that insurance companies refuse to pay claims in a timely manner. We do not need to be rewarding insurance companies for their inexcusable behavior. Instead, we should be tightening regulations to make sure that consumers are actually receiving their rightful awards in a timely manner.

Roll call number 511, "yes"

Roll call number 512, "yes"

Roll call number 513, "yes"

Roll call number 514, "yes"

Roll call number 515, "no." Senator Peters' "no" vote explanation should serve as my own.

Roll call number 516, "no." Senator Leland's "no" vote explanation should serve as my own.

Senator Emmons' statement is as follows:

I had the same privilege to represent Michigan, and I would like the same request that Senator Byrum had. I was in Salt Lake City last week representing Michigan at the streamline sales tax conference. I will submit a printed list.

My voting record on bills for last weeks' missed votes on November 27, 28, and 29 is below:

House Bills:

4868-"yes"

5013-"yes"

4617-"yes"

4619-"yes"

4448-"yes"

5091-"yes"

Senate Bills:

536-"yes"

678-"yes"

674-"yes"

356-"yes"

535-"yes"

794-"yes"

534-"yes"

541-"yes"

685-"yes"

705-"yes"

811-"yes"

812-"yes"

813-"yes"

477-"yes"

692-"yes"

819-"yes"

486-"yes"

817-"yes"

In addition, I need to thank my wonderful Assistant Floor Leader who did a fabulous job and even the stand-in Floor Leader who got pressed into service in the end. I am very, very lucky and very privileged to have these competent people to be able to help me with this job. Thanks a lot Bev, I really appreciate it.

Senator Stille's statement is as follows:

While we many times recognize Michigan State University and the University of Michigan for their accomplishments and their big challenges on the football field, basketball court, and whatever else, this coming Saturday, one of our own universities is going to be competing for a national championship. Grand Valley State University will be traveling to Alabama to beat North Dakota State for the national championship game of Division II football. I'm sure all of you wish them well, along with me.

Senator McCotter's statement is as follows:

I would just like the Senate Journal to note the passing of George Harrison, M.B.E. (Member of the Order of the British Empire). I can offer no eulogy that would be more eloquent than his life's works.

Senator Goschka's statement is as follows:

I would like to echo the thoughts that were raised earlier by Senator Joe Young about Charlie "Mad Dog" Thornhill. I have gotten to know him very well in this chamber as a very dear friend.

"Mad Dog" Thornhill is more than just an All-American. He is more than just a former NFL football player for the Boston Patriots for three years. He is much more than that. I find him to be a wonderful human being and a great father. I have had on many occasions several school groups from my district on this floor, and I have taken every opportunity that I can to have "Mad Dog" speak to the kids. Here is a real, live success story. He is someone who was raised in Virginia, went to Michigan State University, became an All-American, played on probably the best football team ever for Michigan State University, and continues to live a legacy that all children in this state and indeed in this country can be proud of.

"Mad Dog" Thornhill is indeed a gentleman. He is a very warm-hearted person. I like the fact that he is down to earth. He is genuine, he loves children, and he is a great dad. "Mad Dog," we all again congratulate you. We are very proud of you. We know that you are just in midstream, and there is a whole lot left for you in your life--the children whom you will be impacting and the people whom you will be influencing. We know that it is all going to be for good. We congratulate you.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Sanborn introduced

Senate Bill No. 882, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3341.

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

Senator Sanborn introduced

Senate Bill No. 883, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 16.

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

Senator McCotter introduced

Senate Bill No. 884, entitled

A bill to amend 1919 PA 149, entitled "An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress," by amending sections 7 and 8 (MCL 395.7 and 395.8).