No. 36
JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, May 1, 1997.
 
10:00 a.m.
 
The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.
 
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
 
 
Bennett--presentEmmons--presentRogers--present
Berryman--presentGast--presentSchuette--present
Bouchard--presentGeake--presentSchwarz--present
Bullard--presentGougeon--presentShugars--present
Byrum--presentHart--presentA. Smith--present
Carl--presentHoffman--presentV. Smith--excused
Cherry--excusedKoivisto--presentStallings--present
Cisky--presentMcManus--presentSteil--present
Conroy--presentMiller--presentStille--present
DeBeaussaert--presentNorth--presentVan Regenmorter--present
DeGrow--presentO'Brien--presentVaughn--present
Dingell--presentPeters--presentYoung--present
Dunaskiss--present Posthumus--present
 
 
Reverend David McKemy from the Apostolic Tabernacle-United Pentecostal Church in Muskegon offered the following invocation:
I come to You Lord, in the name that is above all names--the precious name of Jesus. I pray on this National Day of Prayer for every Senator in this chamber. I ask You, Lord, for strength in their lives.
I ask You, Lord, to encourage the discouraged; to bring hope to the hopeless, rest to the weary. I ask You, Lord, to bless the homes of everyone in this chamber. Let the peace of Your Holy Spirit rest on everyone of their homes.
For we know there is power in prayer. Kings have called on You. Pharaohs besought You. Presidents have inquired of Your wisdom. George Washington knelt in the snow by the Potomac River. Abraham Lincoln called on You, in a time this nation was in distress, to bring a resolve to a torn nation.
I pray for every House and Senate member in our great state of Michigan, that You bless them. I ask You, Lord, to direct Governor Engler and bless him. I pray for our nation, the greatest nation on Earth, that we once again find favor in Your eyes. It was on these principles of religion and prayer that our great nation was born.
God bless our Congressmen and Senators. God bless President Clinton today. Direct him. Give him wisdom as he guides our nation into the next millennium.
God, You see all the needs that are represented in this chamber this morning. You see broken hearts behind smiles. You see sorrow behind laughter. I pray You meet the needs of every person in this place. Let Your Shekinah glory fall upon this chamber and let Your Holy Spirit descend on every person here today.
God, I pray that You pour out an apostolic Holy Ghost revival on Michigan. I pray that You pour Your revival spirit out upon America. I thank God for America. In Jesus' name. Amen.
 
Senators Cisky and Schuette entered the Senate Chamber.
 
A quorum of the Senate was present.
 
 
Motions and Communications
 
 
Senator DeGrow moved that rule 3.902 be suspended to allow the guests of Senators Stille and Gougeon admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
 
 
Senator DeGrow moved that rule 3.901 be suspended to allow photographers to film on the Senate floor, in the center aisle and gallery.
The motion prevailed, a majority of the members serving voting therefor.
 
Senator Miller entered the Senate Chamber.
 
Senator Berryman moved that Senators Cherry and V. Smith be 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, April 30:
House Bill Nos. 4097 4146 4230 4448 4450 4472
 
 
Senator DeBeaussaert asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator DeBeaussaert's statement is as follows:
It was an honor to welcome you and your husband, John, and Peggy Scotched from your office and Nanette Bowler from the Children's Commission in Mt. Clemens yesterday to help to dedicate and open the medical unit of Care House. Care House is an unique, relatively new effort in Macomb County to aid the children who are tragic victims of abuse and to assist those children and their families in coping in the trauma of that abuse and also in their subsequent encounters with the legal system by providing a child-friendly family centered facility to coordinate the investigations. I think you would agree, Madam Governor, that the Care House is a great facility, but even more impressive is the kind of spirit of cooperation and enthusiasm that we see from the team that made Care House a reality--a team of law enforcement officials from every jurisdiction in the county, the prosecuting attorneys, the Family Independence Agency representatives, the medical community and the impressive community support that we saw through the Friends Committee that created the model program for Macomb County's children.
This was especially gratifying for us to have you there because of your longstanding commitment to children's issues in this state, to cut the ribbon for that new medical facility.
I think we both also learned some important things that we needed to carry back to this legislature and I look forward to working with you and your staff and my colleagues here to accomplish the change we need at the state level. Thank you again for the time you spent with us in Macomb County yesterday.
 
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
 
 
Senators Young, Van Regenmorter, North, Carl, Hoffman, Steil, McManus, Gast, Bennett, Bullard, Posthumus, Emmons, Rogers, Dunaskiss and Geake entered the Senate Chamber.
 
 
Senators Hoffman, Schwarz, Carl, Stille, Geake and Bennett introduced
Senate Bill No. 471, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; and providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials," by amending section 7 (MCL 224.7).
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Hoffman, Schwarz, Carl, Stille, Geake and Bennett introduced
Senate Bill No. 472, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 257, 258, 261, 262, 263, and 264 (MCL 168.257, 168.258, 168.261, 168.262, 168.263, and 168.264).
The bill was read a first and second time by title and referred to the Committee on Appropriations.
 
 
Senators Rogers, Cisky, Miller and Gougeon introduced
Senate Bill No. 473, entitled
A bill to amend 1968 PA 289, entitled "An act to authorize circuit court judges to grant immunity to witnesses upon application of the prosecuting attorneys; to prescribe the procedures therefor; and to prescribe penalties for refusal to testify and for giving false testimony," by amending the title and sections 1, 2, and 3 (MCL 780.701, 780.702, and 780.703) and by adding section 2a.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senators Rogers, Cisky, Miller and Gougeon introduced
Senate Bill No. 474, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 6 and 19b of chapter VII (MCL 767.6 and 767.19b).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senators Gougeon, Cisky, Miller and Rogers introduced
Senate Bill No. 475, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 125, 157, 446, 453, and 461 (MCL 750.125, 750.157, 750.446, 750.453, and 750.461); and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
 
 
Senators Bennett, Cisky, Miller, Rogers and Gougeon introduced
Senate Bill No. 476, entitled
A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 7 (MCL 29.7).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Berryman introduced
Senate Bill No. 477, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 3a (MCL 722.623a), as added by 1996 PA 581.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
 
 
Senator Gougeon introduced
Senate Bill No. 478, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
The bill was read a first and second time by title and referred to the Committee on Finance.
 
 
Senators North, Koivisto, McManus, Schwarz, Dunaskiss, Gougeon, Cisky, Peters, DeGrow, Schuette, Young, Shugars, Carl and Vaughn introduced
Senate Bill No. 479, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.
 
 
Senator Gougeon introduced
Senate Bill No. 480, entitled
A bill to amend 1929 PA 9, entitled "An act to regulate corporations, associations or persons engaged in the business of carrying and transporting natural gas through pipe lines and to regulate the production, purchase and sale of natural gas; to provide for the control and regulation of such corporations, associations and persons by the Michigan public utilities commission; to define the powers and duties of the commission relative thereto; to prescribe penalties for the violations of the provisions hereof; and to repeal Act No. 29 of the Public Acts of 1889," (MCL 483.101 to 483.120) by adding sections 1a and 1b.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
 
 
Recess
 
 
Senator DeGrow moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:13 a.m.
 
10:29 a.m.
 
The Senate was called to order by the President, Lieutenant Governor Binsfeld.
 
 
During the recess, Lieutenant Governor Binsfeld introduced to the Senate Muhammad Ali and Senator Gougeon presented him with a special tribute.
 
Senator Gougeon introduced to the Senate Kim Forburger, spokesperson and personal assistant to Mr. and Mrs. Ali, who responded briefly.
 
 
House Bill No. 4097, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.
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 Families, Mental Health and Human Services.
 
 
House Bill No. 4146, entitled
A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 2 (MCL 397.602).
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 Local, Urban and State Affairs.
House Bill No. 4230, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5131, 5205, and 5207 (MCL 333.5131, 333.5205, and 333.5207), section 5131 as amended by 1994 PA 200 and sections 5205 and 5207 as added by 1988 PA 490, and by adding section 5204.
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 Health Policy and Senior Citizens.
 
 
House Bill No. 4448, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
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 Government Operations.
 
 
House Bill No. 4450, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2815 (MCL 333.2815), as amended by 1985 PA 20.
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 Government Operations.
 
 
House Bill No. 4472, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 47 (MCL 211.47), as amended by 1994 PA 253.
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 Finance.
 
By unanimous consent the Senate returned to the order of
Third Reading of Bills
 
 
Senator DeGrow moved that consideration of the following bills be postponed for today:
Senate Bill No. 262
Senate Bill No. 288
Senate Bill No. 289
Senate Bill No. 290
Senate Bill No. 291
Senate Bill No. 292
Senate Bill No. 293
The motion prevailed.
 
 
The following bill was read a third time:
Senate Bill No. 181, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 476 and 525 (MCL 330.1476 and 330.1525), as amended by 1995 PA 290.
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. 141 Yeas--33
 
 
BennettDeGrowKoivistoSchwarz
BerrymanDingellMcManusShugars
BouchardEmmonsMillerSmith, A.
BullardGastNorthSteil
ByrumGeakeO'BrienStille
CarlGougeonPetersVan Regenmorter
CiskyHartPosthumusVaughn
ConroyHoffmanSchuetteYoung
DeBeaussaert
Nays--0
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--3
 
 
Dunaskiss Rogers Stallings
 
 
In The Chair: President
 
 
The Senate agreed to the title of the bill.
 
 
Senator Peters asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Peters' statement is as follows:
Today, I'm going to announce that we are going to be losing one of our very hard working and faithful Pages, Robert Cox, who is standing next to me here.
I'm sure all of you have worked with him over the last few months as he's diligently helped us carry out our legislative duties. Robert is a constituent of mine, a resident of Bloomfield Township, and a student at Michigan State University. Today is his last day. He wants to spend the summer preparing for the LSAT exam and getting ready to go to law school shortly. I'm sure he also has some interest in joining us here in the Senate as a member someday. I would like all of my colleagues to give a round of applause and thanks for Robert Cox and his diligent service as a Page these last few months.
 
Senator DeGrow moved that Senator Rogers be temporarily excused from the balance of today's session.
The motion prevailed.
 
Senator Berryman moved that Senator Stallings be temporarily excused from the balance of today's session.
The motion prevailed.
 
 
Senators Berryman and Hart asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Berryman's statement is as follows:
I just want to concur with Senator Peters on the outstanding job that Robert has done. He is a fine, fine gentleman, and when all of the things you read about in the press and see on TV about our youth, he is just another example of an outstanding young man. He's a gentleman, he's bright, he's courteous and it's been a pleasure to work with him. You can wish him well, but he doesn't need it because he's going to do well just because of the kind of gentleman he is.
 
Senator Hart's statement is as follows:
Today the remains of Captain James Huard, U.S. Air Force, will finally be returned home to a place of honor.
His final resting place will be to be buried at Arlington National Cemetery this morning. Captain Huard's destiny escaped the hopes and dreams we all held for this promising young man from Dearborn.
It is my hope the family of Captain Huard--his mother Viola, his brother Neil, his sister Joan Cole and three sons--are comforted by the acknowledgment of his sacrifice for his country. It has been a long journey. It has been an emotional ordeal for the family and friends of Captain Huard.
On July 12, 1972, Captain Huard was reported missing in action along with his co-pilot after the F4E Phantom failed to return to their base in Thailand after a mission.
In 1988 Captain Huard's identification card was among the remains of U.S. service personnel returned to our government by the Vietnamese authorities. Since 1988, family and friends waited for the investigators and forensic specialists reports that would confirm the identity of the remains.
Today, I ask my colleagues to observe a moment of silence to acknowledge the end of Captain James Huard's journey to a place of eternal peace and honor.
 
A moment of silence was observed for Michigan's MIA Soldier, Captain James Huard.
 
Senators Stallings and Rogers entered the Senate Chamber.
 
 
The following bill was read a third time:
Senate Bill No. 342, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 411h and 411i (MCL 750.411h and 750.411i), section 411h as added by 1992 PA 260 and section 411i as added by 1992 PA 261.
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. 142 Yeas--35
 
 
BennettDeGrowMcManusShugars
BerrymanDingellMillerSmith, A.
BouchardDunaskissNorthStallings
BullardGastO'BrienSteil
ByrumGeakePetersStille
CarlGougeonPosthumusVan Regenmorter
CiskyHartRogersVaughn
ConroyHoffmanSchuetteYoung
DeBeaussaertKoivistoSchwarz
 
 
Nays--0
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--1
 
 
Emmons
 
 
In The Chair: President
 
 
The Senate agreed to the title of the bill.
 
 
Senators Shugars, Gougeon, Geake, Bouchard, Cisky, Van Regenmorter, Conroy, Koivisto, Emmons, O'Brien, Berryman, Schuette and McManus moved that they be named co-sponsors of the following bill:
Senate Bill No. 342
The motion prevailed.
 
 
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:
This bill comes up on a very fitting day, especially with your visit yesterday to Macomb County to talk about the importance of children and your presence there promoting this, not only across the state, but in my home county. Then, this morning with the historic visit of one of the greatest men in sports in this country's history, Muhammad Ali, who does so much for children and neglect.
This morning we're taking up a bill, that again I want to commend Chairman Van Regenmorter of the Senate committee, who put this on a rapid course. It's a bill that has been not only talked about, but it's really a sad bill that we have to pass legislation to protect the youngsters in this state. Hopefully, it will be a role model bill for across the country.
It's a bill that sends out a message that in Michigan if you're going to stalk a minor, you're going to have to pay a very heavy price. It increases stalking a minor from a misdemeanor to a five-year felony.
Children deserve special protection from dangerous individuals. Stalking a child is a serious crime and deserves a felony status, not a misdemeanor like driving with a suspended sentence. We have to put a stop to adult predators who target children, and thus, this is why we have Senator Geake's two-year age requirement amendment substitute, sending a message to those who prey on our children "If you do the crime, you're going to get a severe prison sentence in Michigan." I want to encourage the members and thank them for lending their support and this bill will go a long way to protect all the children of Michigan.
 
 
The following bill was read a third time:
House Bill No. 4238, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding sections 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, and 735; and to repeal acts and parts of acts.
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. 143 Yeas--35
 
 
BennettDeGrowKoivistoShugars
BerrymanDingellMillerSmith, A.
BouchardDunaskissNorthStallings
BullardEmmonsO'BrienSteil
ByrumGastPetersStille
CarlGeakePosthumusVan Regenmorter
CiskyGougeonRogersVaughn
ConroyHartSchuetteYoung
DeBeaussaertHoffmanSchwarz
 
 
Nays--0
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--1
 
 
McManus
 
 
In The Chair: President
 
 
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Senator Schuette offered to amend the title to read as follows:
A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 339.101 to 339.2721) by adding sections 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, and 736; 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:
House Bill No. 4017, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 2 and 698 (MCL 257.2 and 257.698), section 698 as amended by 1994 PA 101.
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. 144 Yeas--36
 
 
BennettDeGrowKoivistoSchwarz
BerrymanDingellMcManusShugars
BouchardDunaskissMillerSmith, A.
BullardEmmonsNorthStallings
ByrumGastO'BrienSteil
CarlGeakePetersStille
CiskyGougeonPosthumusVan Regenmorter
ConroyHartRogersVaughn
DeBeaussaertHoffmanSchuetteYoung
 
 
Nays--0
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--0
 
 
In The Chair: President
 
 
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the bill shall 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 of the bill.
 
 
The following bill was read a third time:
House Bill No. 4076, entitled
A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," (MCL 257.1301 to 257.1340) by adding section 18a.
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. 145 Yeas--36
 
 
BennettDeGrowKoivistoSchwarz
BerrymanDingellMcManusShugars
BouchardDunaskissMillerSmith, A.
BullardEmmonsNorthStallings
ByrumGastO'BrienSteil
CarlGeakePetersStille
CiskyGougeonPosthumusVan Regenmorter
ConroyHartRogersVaughn
DeBeaussaertHoffmanSchuetteYoung
 
 
Nays--0
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--0
 
 
In The Chair: President
 
 
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the bill shall read as follows:
"An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties."
The Senate agreed to the full title of the bill.
 
 
Senators Posthumus, DeGrow, Miller, Emmons, Gast, Schuette and Stallings asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Posthumus' statement is as follows:
This is in many ways a special day for us and a little bit of a sad day. It is the last day that our good friend, Jeff McAlvey will be with us during session. I rise to at least take a moment to say goodbye to a friend that has been with us for some time. In Jeff's 14 years in public service he has started right from the ground and worked up. I believe he started as a page then went to work some 14 years ago as an aide to then-Senator John Engler. Of course, he rose to the Director of Legislative Affairs for our Governor.
In working with the legislature, Jeff can, I think, be very proud of the work he has done as he gets ready to leave. His job has been, of course, to try and reach compromise and bring all of us together. Sometimes trying to get 38 Senators and 110 legislators to agree is harder than bringing peace to the middle east. But Jeff has been able to do it and in that time accomplish so much.
If we just take a moment and look back at all the things that he has helped us to accomplish together. We've cut taxes some 21 times. We established a whole new financing network for our public schools, creating much more equity, making sure our kids are in school. We've taken significant steps to help our families that have been on welfare reach out and find a way to become independent of government. All of this has been done in a way that has been in Jeff's own way, a way of friendship and with a lot of integrity.
I know, as a leader, I will miss him, but as a friend I am going to miss him even more. We've developed a very close relationship. And I don't think anybody here who has worked with him, whether they've agreed or disagreed with him, ever could say that Jeff didn't come to them with integrity and honesty. He truly is what a public employee should be all about. On behalf of all the members who have had the chance to work closely with Jeff, I want to thank him for his work. I want to wish him well and let him know while we won't miss him sometimes coming down and trying to twist our arm, we'll probably have a few less broken arms around here, we're certainly going to miss his smile and his friendly face and all the work that he has been able to help us accomplish.
 
Senator DeGrow's statement is as follows:
I want to reiterate everything the Majority Leader said and add that the Governor is going to miss him. We will miss him, but the one who is really going to miss him is John Engler. The people he has replacing Jeff will do a good job, but Jeff has just been so superb in terms of working with us, helping the Governor implement his agenda and working to try to get compromise at times. John Engler is the one who is going to miss Jeff, because Jeff has done as about as good a job as you can do in terms of putting together packages. I'm sure Jeff will not miss some of the times like when we were in the middle of proposal A and he had to stay up all night for two straight nights. But we will miss him. He's done a great job. He certainly has helped carry some of our messages to the Governor. He will still be around, but it won't be quite the same to not have him here and go through those battles with him. So, Jeff, good luck and we will miss you, but we will see you around.
 
Senator Miller's statement is as follows:
I wanted to send my best wishes to Jeff. I worked here a number of years with the young man and he is still a young man. I want to just say that from this side of the aisle, whether you were a Democrat or you were a Republican, Jeff always took the time to try and work out that middle-of-the-road agreement. He took the time to listen to the concerns of the members of my side of the aisle. Often we disagreed, but I will say he was not only a statesmen but he was a gentleman. His word was his bond. We reached many, many middle-of-the-road compromises. I think that it was said on this floor--not only is this body going to miss the access to the front office where not only the Legislature passes legislation, but he carried the mail for the Governor for many, many years. He was somewhat of an unsung mail carrier, but he did a very great, tough job. I want to say from my side of the aisle, Jeffrey you were more than fair. Sometimes we disagreed, but we always reached a compromise where his word stood out amongst legislation. We will miss him and I hope that his family enjoys a little more time that he will have with them.
 
Senator Emmons' statement is as follows:
Before I was in the legislative service, I knew Jeff McAlvey. I think what is more remarkable about Jeff is that when I was not here, did not have a vote that made any difference to what his boss wanted, Jeff always treated me with dignity, respect and had interest in what I had to think about what was going on in Lansing. That is an extraordinary person, to value each and every individual regardless of whether they can help you or whether they cannot. The other thing that I could always count on Jeff to do, and that is not always true of people in government service, I could always count that if I asked Jeff a question he returned the call. Maybe not with an answer, but with his presence. Integrity has been mentioned and I certainly would second that. Most of all I count Jeff McAlvey as a friend who cared about me and my family and was unerring in asking if there was anything he could do to help my family. That is much appreciated. I wish him Godspeed. I think he will be very successful because he has always shown kindness, intelligence and will be a great value to anybody who hires him. I certainly do wish him Godspeed in that endeavor.
 
Senator Gast's statement is as follows:
I'd like to share with the Senate something probably that most of you don't know about Jeff. We are good friends. We remain good friends and we always will be. What the Senate doesn't know is that when Jeff was 12 years old, now can you imagine him at 12 years old. He had hair then! When Jeff was twelve years old he and a buddy of his, Brad Sculnik said, "How can we get involved in politics?" So they went door-to-door in St. Joseph Township just south of the City of St. Joseph, and I think they hit every doggone house there campaigning for you-know-who. So it's a little bit Jeff's fault that I got up here. We go back a long way and I feel like almost a second father to Jeff at 12 years old. Look at the guy now! He's been through the mill! He's got a few barnacles on him!
But anyway, Jeff was involved in politics at an early age. He has been, as the remarks here have indicated, a true and loyal servant and he has told me more than once, "My first loyalty, Senator, is to the Governor. You're down the line somewhere but the first loyalty of mine is to the Governor." I understand that, but Jeff has been a true friend, and one that I will always cherish in memory.
 
Senator Schuette's statement is as follows:
Many of us have shared our views and thoughts about Jeff McAlvey and I'm sure we all share them. I just want to add some personal perspective as well. I've had the privilege of knowing Jeff McAlvey in a number of different capacities over the course of 13 or 14 years. What strikes me about Jeff McAlvey is that he's a person of conviction. He has principle. He is honest and he leads his life like he talks about others living life. To me that's remarkable and rare, refreshing and so very important. I wish him well. He has a wonderful family and he's a good father.
 
Senator Stallings' statement is as follows:
The American auto industry now has an unprecedented number of African American vice presidents. General Motors has recently appointed two additional vice presidents, bringing the number in the industry to eight. Those two recent appointments consist of Ronald Pirtle, the General Manager and Vice President for Delphi Harrison Thermal Systems, and Rodney Oneal, the General Manager and Vice President for Delphi Interior and Lighting Systems.
To celebrate these recent additions, the African American Networks of General Motors, Ford and Chrysler Corporations hosted a reception last night honoring the eight vice presidents. I was invited to attend and spent the evening with the network and vice presidents, along with a host of other dignitaries from across the metropolitan Detroit area, including the President of Chrysler Corporation, Robert Eaton.
The principal speaker for the evening was the Honorable Earl G. Graves, owner and publisher and Chief Executive Officer of Black Enterprise and recent author of "How to Succeed in Business Without Being White." Mr. Graves discussed his new book and was available to sign autographs.
The other six vice presidents consist of Roy S. Roberts from General Motors, who is the Vice President General Manager of the Pontiac General Motors Division; William Brooks, Vice President of Corporate Affairs for General Motors; Ronald Goldberry, Ford Vice President and General Manager of Ford Customer Service Division; Elliot Hall, Vice President of Washington Affairs for Ford Motor Company; W. Frank Fountain, Vice President of Government Affairs for Chrysler Corporation; and Leroy C. Richie, the General Counsel and Automotive Legal Affairs Vice President for Chrysler Corporation.
 
 
The following bill was read a third time:
House Bill No. 4202, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803e and 803i (MCL 257.803e and 257.803i), as amended by 1994 PA 104.
The question being on the passage of the bill,
Senator Hoffman moved that the bill be referred to the Committee on Appropriations.
The motion prevailed.
 
The President pro tempore, Senator Schwarz, assumed the Chair.
 
Senator Carl requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion did not prevail, a majority of the members not voting therefor, as follows:
 
 
Roll Call No. 146 Yeas--14
 
 
BerrymanDeGrowGeakeMiller
BullardDunaskissHoffmanSchwarz
ConroyEmmonsMcManusSmith, A.
DeBeaussaert Gast
Nays--21
 
 
BennettGougeonPetersStallings
BouchardHartPosthumusSteil
ByrumKoivistoRogersStille
CarlNorthSchuetteVan Regenmorter
CiskyO'BrienShugarsYoung
Dingell
 
 
Excused--2
 
 
Cherry Smith, V.
 
 
Not Voting--1
 
 
Vaughn
 
 
In The Chair: Schwarz
 
 
The question being on the passage of the bill,
Senator DeGrow moved that further consideration of the bill be postponed for today.
The motion prevailed.
 
Senator Berryman moved that Senator Vaughn be excused from the balance of today's session.
The motion prevailed.
 
 
Senator DeGrow moved that rule 3.902 be suspended to allow the guest of Senator Shugars admittance to the Senate floor for the purpose of a closing invocation in commemoration of National Prayer Day.
The motion prevailed, a majority of the members serving voting therefor.
 
Pastor Joel Brooks of the Christian Life Center in Kalamazoo offered the following invocation:
I Timothy 2: "First of all, supplications, prayers, intercessions and giving of thanks, be made for all men; kings and for all who are in authority. That we may lead a quiet and peaceable life in all godliness and reverence."
Father, we thank You for Your grace that You bestow upon our nation. On this day, Lord, in honor of You, we have set aside this day as National Day of Prayer. We would like to thank You for blessing us and we pray for everyone here who has been elected to represent what is best for our state and our government. We pray for our Governor and all the elected officials, that they would function by Your wisdom and by Your grace. Lord, may You continue to bless us, to protect us, and give us a quiet, safe and peaceable life. In Jesus' name. Amen.
 
 
Committee Reports
 
 
The Committee on Health Policy and Senior Citizens reported
Senate Bill No. 74, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2246.
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Bullard, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
Senate Bill No. 75, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21072.
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Bullard, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
 
 
The Committee on Health Policy and Senior Citizens reported
Senate Bill No. 76, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1984 PA 66.
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.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Bullard, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
 
 
The Committee on Health Policy and Senior Citizens reported
Senate Bill No. 298, entitled
A bill to amend 1963 PA 17, entitled "An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health," by amending section 1 (MCL 691.1501), as amended by 1987 PA 30.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Byrum and O'Brien
Nays: None
The bill was referred to the Committee of the Whole.
 
 
The Committee on Health Policy and Senior Citizens reported
Senate Bill No. 434, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Bullard, Byrum and O'Brien
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 and Senior Citizens submits the following:
Meeting held on Tuesday, April 29, 1997, at 3:00 p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Schwarz, Bullard, Byrum and O'Brien
COMMITTEE ATTENDANCE REPORT
 
The Committee on Gaming and Casino Oversight submits the following:
Meeting held on Monday, April 28, 1997, at 11:00 a.m., Conference Room 1, Oleson Center, Northwestern Michigan College, 1701 E. Front Street, Traverse City, Michigan
Present: Senators Bouchard (C), Rogers, Schuette and Koivisto
Excused: Senator V. Smith
 
 
COMMITTEE ATTENDANCE REPORT
 
The Committee on Technology and Energy submits the following:
Hearing held on Tuesday, April 29, 1997, at 3:30 p.m., Rooms 425-427, Capitol Building
Present: Senators Dunaskiss (C), Schuette, Rogers, Berryman and Byrum
 
 
Scheduled Meetings
 
 
Financial Services Committee - Wednesday, May 7, at 1:00 p.m., 8th Floor Conference Room, Farnum Building (3-2523).
 
Government Operations Committee - Wednesday, May 7, at 1:00 p.m., Rooms 402 and 403, Capitol Building (3-1758).
 
Technology and Energy and House Public Utilities Committees - Tuesday, May 6, at 3:30 p.m., Rooms 425-427, Capitol Building (3-2417).
 
 
Senator DeGrow moved that the Senate adjourn.
The motion prevailed, the time being 11:44 a.m.
 
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, May 6, at 10:00 a.m.
 
 
CAROL MOREY VIVENTI
Secretary of the Senate.