No. 91

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Friday, December 21, 2001.

 

11:45 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--absentGougeon--presentSanborn--present
Bullard--absentHammerstrom--absentSchuette--absent
Byrum--absentHart--absentSchwarz--absent
Cherry--absentHoffman--absentScott--absent
DeBeaussaert--presentJohnson--absentShugars--present
DeGrow--absentKoivisto--absentSikkema--present
Dingell--absentLeland--absentSmith--present
Dunaskiss--absentMcCotter--absentSteil--absent
Emerson--absentMcManus--absentStille--present
Emmons--presentMiller--absentVan Regenmorter--absent
Garcia--absentMurphy--absentVaughn--absent
Gast--presentNorth--presentYoung--absent

Goschka--present Peters--present

 

 

Senator Joanne G. Emmons of the 23rd District offered the following invocation:

Dear Lord, we thank You, "For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The Mighty God, The Everlasting Father, The Prince of Peace."

Of all times in this world we need the Prince of Peace. When evil has fallen upon our largest city, and it falls upon all of us, and sometimes we are even a part of it, we need the Prince of Peace.

Holy Father, we thank You for Your indescribable gift, and we turn to You because only You can bring joy, love, and peace to our earth, and we thank You. We seek Your love, and may we spread Your love. In Jesus' name. Amen.

 

 

Motions and Communications

 

 

The following communications were received:

Department of State

 

Administrative Rules

Notices of Filing

 

December 6, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:50 a.m. this date, administrative rule (01-12-01) for the Department of Environmental Quality, Surface Water Quality Division, entitled "General Rules," effective 7 days hereafter.

 

 

December 6, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:52 a.m. this date, administrative rule (01-12-02) for the Department of Environmental Quality, Surface Water Quality Division, entitled "Water Resources Protection-Part 1. General Provisions," effective 7 days hereafter.

 

 

December 6, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:54 a.m. this date, administrative rule (01-12-03) for the Department of Environmental Quality, Surface Water Quality Division, entitled "Water Resources Protection-Part 2. Organization, Operations, Procedures, and Hearings," effective 7 days hereafter.

 

 

December 12, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:50 p.m. this date, administrative rule (01-12-04) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 11. Recording and Reporting of Occupational Injuries," effective on January 2, 2002.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Secretary for record.

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Friday, December 14:

House Bill Nos. 4824 4869 5206 5457 5458 5459 5467 5468 5482 5483

 

The Secretary announced the enrollment printing and presentation to the Governor on Friday, December 14, for his approval the following bill:

Enrolled Senate Bill No. 494 at 1:52 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 19, for his approval the following bills:

Enrolled Senate Bill No. 105 at 3:02 p.m.

Enrolled Senate Bill No. 106 at 3:04 p.m.

Enrolled Senate Bill No. 109 at 3:06 p.m.

Enrolled Senate Bill No. 331 at 3:08 p.m.

Enrolled Senate Bill No. 490 at 3:10 p.m.

Enrolled Senate Bill No. 502 at 3:12 p.m.

Enrolled Senate Bill No. 677 at 3:14 p.m.

Enrolled Senate Bill No. 819 at 3:16 p.m.

 

The Secretary announced the printing and placement in the members' files on Thursday, December 13, of:
Senate Bill Nos.930931932933934935936937938939940941942943
944945946947948949950951952953
House Bill Nos.548454855486548754885489549054915492

 

The Secretary announced the printing and placement in the members' files on Friday, December 14, of:

House Bill Nos. 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509 5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520

 

The Secretary announced the printing and placement in the members' files on Tuesday, December 18, of:
Senate Bill Nos.927928929954955956957958959960961962963964
965966967968969970971972973974975976977978
979980981982983984985986987988989990

 

The Secretary announced the printing and placement in the members' files on Wednesday, December 19, of:

House Bill Nos. 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539

 

 

Messages from the Governor

 

 

The following messages from the Governor were received and read:

December 14, 2001

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

Michigan Employment Security Board of Review

Mr. Lester A. Owczarski, 5817 Glen Eagles Drive, Orchard Lake, Michigan 48323, county of Oakland, as a member representing employers, succeeding himself, for a term expiring on December 31, 2005.

Ms. Julie Ann Petrik, 13156 Winchester Avenue, Huntington Woods, Michigan 48070, county of Oakland, as a member representing employees, succeeding herself, for a term expiring on December 31, 2005.

 

 

December 14, 2001

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

Commission on Spanish-Speaking Affairs

Ms. Emily Martinez, 386 S. Monroe Street, Blissfield, Michigan 49228, county of Lenawee, as a member representing the general public, succeeding herself, for a term expiring on December 10, 2004.

Mr. Manuel Alfonso, 701 Sheffield Road, Auburn Hills, Michigan 48326, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on December 10, 2004.

Ms. Anna M. Rodriguez, 36257 Hammer Lane, Livonia, Michigan 48152, county of Wayne, as a member representing the general public, succeeding Mr. David Esparza of Detroit, whose term has expired, for a term expiring on December 10, 2003.

Mr. Carlos A. Hidalgo, 3332 Falcon Ridge Drive, Grand Rapids, Michigan 49525, county of Kent, as a member representing the general public, succeeding Mr. Jorge L. Cedeno of Grand Rapids, whose term has expired, for a term expiring on December 10, 2003.

Mr. Johnny M. Morales, 6800 Williams Road, Lansing, Michigan 48911, county of Ingham, as a member representing the general public, succeeding himself, for a term expiring on December 10, 2004.

Mr. Randall S. Fernandez, 3968 Jack Pine Lane, Port Huron, Michigan 48060, county of St. Clair, as a member representing the general public, succeeding himself, for a term expiring on December 10, 2004.

Mr. John D. Sanchez, 4915 S. Airport Road, Bridgeport, Michigan 48722, county of Saginaw, as a member representing the general public, succeeding Ms. Carmen Munoz of Northville, who has resigned, for a term expiring on December 10, 2004.

 

 

December 19, 2001

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

Board of State Canvassers

Mr. Timothy R. Ward, 4436 Satinwood Drive, Okemos, Michigan 48864, county of Ingham, as a member representing Republicans, succeeding Mr. Alan L. Cropsey of DeWitt, who has resigned, for a term expiring on February 1, 2003.

 

 

December 20, 2001

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

Commission of Agriculture

Mr. James E. Maitland, 4448 Maitland Road, Williamsburg, Michigan 49690, county of Grand Traverse, as a member representing Republicans, succeeding himself, for a term expiring on December 31, 2005.

 

 

December 20, 2001

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

Michigan Asparagus Advisory Board

Ms. Bernice H. Shafer, 8560 120th Avenue, Hart, Michigan 49420, county of Oceana, as a member representing growers from the Central-Northern Region, succeeding herself, for a term expiring on November 13, 2004.

Mr. Mark C. Trommater, 547 E. Tyler Road, Hart, Michigan 49420, county of Oceana, as a member representing growers from the Central-Northern Region, succeeding Mr. Donald W. Walsworth of Mears, whose term has expired, for a term expiring on November 13, 2004.

 

 

December 20, 2001

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

State Boundary Commission

Mr. Jeffrey A. Ishbia, 1106 Charrington, Bloomfield Hills, Michigan 48301, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on November 15, 2004.

 

 

December 20, 2001

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

Michigan Education Trust Board of Directors

Mr. Taylor C. Segue III, 1411 Joliet Place, Detroit, Michigan 48207, county of Wayne, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2004.

 

 

December 20, 2001

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

Natural Resources Commission

Mr. Keith J. Charters, 126 Spring Hill Road, Traverse City, Michigan 49684, county of Grand Traverse, as a member representing Republicans, succeeding himself, for a term expiring on December 31, 2005, and as Chair, for a term expiring at the pleasure of the Governor.

 

 

December 20, 2001

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

Michigan Potato Industry Commission

Ms. Laurie Ann Jecha-Beard, 26W191 Klein Creek Drive, Unit D, Winfield, Illinois 60190, as a member representing processors, succeeding herself, for a term expiring on July 1, 2004.

Mr. Dale E. Johnson, W9662 M-69, Sagola, Michigan 49881, county of Dickinson, as a member representing growers from District 1, succeeding himself, for a term expiring on July 1, 2004.

Mr. Stephen C. Crooks, 2534 W. McBrides Road, Stanton, Michigan 48888, county of Montcalm, as a member representing growers at large, succeeding himself, for a term expiring on July 1, 2004.

Mr. Tim L. Young, 12950 Lake Montcalm, Coral, Michigan 49322, county of Montcalm, as a member representing growers at large, succeeding himself, for a term expiring on July 1, 2004.

 

 

December 20, 2001

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

State Transportation Commission

Ms. Betty Jean Awrey, 49420 Commons Boulevard, Plymouth Township, Michigan 48170, county of Wayne, as a member representing Independents, succeeding herself, for a term expiring on December 21, 2004.

Mr. John W. Garside, 4764 East Gull Lake Drive, Hickory Corners, Michigan 49060, county of Kalamazoo, as a member representing Republicans, succeeding himself, for a term expiring on December 21, 2004.

Sincerely,

John Engler

Governor

The appointments were referred to the Committee on Government Operations.

 

 

Recess

 

 

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

The motion prevailed, the time being 11:49 a.m.

 

11:59 a.m.

 

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

 

 

Messages from the House

 

 

The following message was received and read:

December 21, 2001

I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die.

Very respectfully,

Gary L. Randall, Clerk

House of Representatives

 

 

The hour of 12:00 noon having arrived,

 

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the President, Lieutenant Governor Posthumus, declared the Senate adjourned without day.

 

 

CAROL MOREY VIVENTI

Secretary of the Senate.