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 present.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Enclosed is a copy of the following audit report and/or executive digest:

Performance and Financial Related Audit of Consent Decrees, Department of Corrections, May 1997.

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Enclosed for your review and comment are copies of the E.U.P. Employment and Training Consortium's Title IIA, Title IIC, Title III (EDWAAA), and 5% Older Worker Biennial Job Training Plans. These plans provide employment and training services to economically disadvantaged individuals and dislocated workers.

The Title IIB (Summer Youth Program) Biennial Job Training Plan is also enclosed. This plan provides employment and training services to economically disadvantaged youth.

These programs will serve the Upper Peninsula Counties of Chippewa, Mackinac and Luce.

Should you have any questions or comments, please do not hesitate to contact our office at the address listed below.

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, May 8:

 

The Secretary announced the printing and placement in the members' files on Monday, May 12 of:

 

 

Pursuant to rule 3.203, the Majority Leader made the following committee reassignment:

Senate Bill No. 495, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending sections 102, 104, 105, 106, 211, 217, 301, 303, 305, 311, 315, 317, 401, 403, 405, 407, 503, 505, 507, 509, 511, 601, 603, 709, 711, 713, 801, 807, and 813 (MCL 487.1102, 487.1104, 487.1105, 487.1106, 487.1211, 487.1217, 487.1301, 487.1303, 487.1305, 487.1311, 487.1315, 487.1317, 487.1401, 487.1403, 487.1405, 487.1407, 487.1503, 487.1505, 487.1507, 487.1509, 487.1511, 487.1601, 487.1603, 487.1709, 487.1711, 487.1713, 487.1801, 487.1807, and 487.1813).

The bill was referred to the Committee on Financial Services.

 

 

 

 

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

The motion prevailed, the time being 10:07 a.m.

 

 

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

 

During the recess, Senator Schuette introduced to the Senate 5th graders from Eastlawn Elementary School in Midland and presented a special tribute to their teacher, Kathie Grzesiak, 1997-98 Michigan Teacher of the Year.

The Lieutenant Governor, Senator Emmons and Representative McNutt responded briefly.

Ms. Grzesiak responded briefly.

During the recess, Senator Posthumus entered the Senate Chamber.

 

 

 

 

The following message from the Governor was received and read:

Please be advised of the following appointment to office, subject to the advice and consent of the Michigan Senate:

Director, Department of Transportation

Mr. James R. DeSana, 3301 Biddle, #3C, Wyandotte, Michigan 48192, county of Wayne, as the Director of the Department of Transportation, succeeding Mr. Robert A. Welke, who has resigned, for a term expiring at the pleasure of the Governor.

The appointment was referred to the Committee on Government Operations.

 

 

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

The motion prevailed.

Senator Berryman's statement is as follows:

Obviously, the discussion around the state and this Capitol since the Governor's proposal is on the gas tax last week. It has been discussed all over the state and finally, being discussed here in the Capitol.

I think oftentimes there was more debate on radio talk shows, and on TV and in newspapers than there was in the appropriate place, and that's here in the legislature. The only thing I want to make sure is that my position has been very clear for the last several years and where I stand on putting enough money into the fund to make sure the roads are fixed. I just want to make sure that when we have this discussion that we don't allow another lottery issue to come before us. We here in the legislature--probably the most asked question and even though we have answers for that is-- "Whatever happened to the Lottery?"

There is a definite crisis of confidence in the voters of the state of Michigan in their elected officials. I think we have one chance to do this. I hope we take the time to do it right because I don't think it's an issue which can come back and be revisited next year with any trailer bills, with any other promises for follow-up. I think we have one chance to do it, and again, we should make sure that we do it right. As much as I have pushed for an infusion of new dollars into the system, I want to make sure that my colleagues here in the legislature and that the Governor understands I am not going to support a package that does not adequately guarantee that my constituents are going to see their roads and bridges fixed. We cannot do it with smoke and mirrors and gimmickry in hope that funds will come in-- enough money that will actually see our roads improve. Again I hope that we don't put an artificial time line on this that just rushes something through and again we end up with that lottery question that the public has. That crisis in confidence in us must be overcome. We must deal with this appropriately.

The Governor has now admitted that a gas tax increase needs to be a part of it--and I congratulate him for that. I just want to make sure that my constituents, people of the state of Michigan, are guaranteed when something finally does go through this legislature and signed by the Governor, that there are not any excuses a year or two from now--that there are enough safeguards in place that people will actually see their roads repaired and their bridges fixed. I think that's what they expect of us and I hope we follow through with that.

 

By unanimous consent the Senate returned to the order of

 

 

Senator DeGrow moved that the rules be suspended and that the following joint resolution and bills, now on Committee Reports, be placed on their immediate adoption and passage:

Senate Joint Resolution I

Senate Bill No. 352

Senate Bill No. 353

Senate Bill No. 354

Senate Bill No. 355

Senate Bill No. 356

Senate Bill No. 357

Senate Bill No. 358

Senate Bill No. 359

Senate Bill No. 360

Senate Bill No. 361

Senate Bill No. 362

Senate Bill No. 363

Senate Bill No. 364

Senate Bill No. 365

Senate Bill No. 366

Senate Bill No. 367

Senate Bill No. 368

Senate Bill No. 369

Senate Bill No. 370

Senate Bill No. 371

Senate Bill No. 372

Senate Bill No. 373

Senate Bill No. 374

Senate Bill No. 375

Senate Bill No. 376

Senate Bill No. 377

Senate Bill No. 378

Senate Bill No. 379

Senate Bill No. 380

Senate Bill No. 381

Senate Bill No. 382

Senate Bill No. 383

Senate Bill No. 384

Senate Bill No. 385

Senate Bill No. 386

Senate Bill No. 387

Senate Bill No. 388

Senate Bill No. 389

Senate Bill No. 390

Senate Bill No. 391

Senate Bill No. 392

Senate Bill No. 393

Senate Bill No. 394

Senate Bill No. 395

Senate Bill No. 396

Senate Bill No. 397

Senate Bill No. 398

Senate Bill No. 399

Senate Bill No. 400

Senate Bill No. 401

Senate Bill No. 402

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

 

 

 

 

Senator DeGrow moved that consideration of the following bill be postponed temporarily:

House Bill No. 4299

The motion prevailed.

 

 

The following bill was read a third time:

House Bill No. 4242, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16903 (MCL 324.16901 and 324.16903), section 16901 as amended by 1995 PA 268, and by adding sections 16903a, 16904a, and 16908a.

The question being on the passage of the bill,

Senator Koivisto offered the following amendments:

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 16901 and 16903 (MCL 324.16901 and 324.16903), section 16901 as amended by 1995 PA 268, and by adding sections 16903a, 16904a, 16908a, and 16910.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

 

 

The following joint resolution was read a third time:

Senate Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article VIII, to change the term "handicapped" to "disabled".

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the joint resolution.

 

 

The following bill was read a third time:

Senate Bill No. 352, entitled

A bill to amend 1976 PA 220, entitled "Michigan handicappers' civil rights act," by amending the title and sections 101, 102, 103, 202, 203, 204, 205, 206, 208, 209, 210, 211, 302, 402, 403, 502, 504, 505, 506, 506a, 507, 604, and 606 (MCL 37.1101, 37.1102, 37.1103, 37.1202, 37.1203, 37.1204, 37.1205, 37.1206, 37.1208, 37.1209, 37.1210, 37.1211, 37.1302, 37.1402, 37.1403, 37.1502, 37.1504, 37.1505, 37.1506, 37.1506a, 37.1507, 37.1604, and 37.1606), the title and sections 103, 502, and 504 as amended and section 506a as added by 1992 PA 123, sections 102 and 606 as amended and sections 210 and 211 as added by 1990 PA 121, and sections 204 and 402 as amended and section 209 as added by 1980 PA 478.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 353, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 29, 504, 509t, and 795 (MCL 168.29, 168.504, 168.509t, and 168.795), sections 29 and 504 as amended by 1989 PA 142, section 509t as added by 1994 PA 441, and section 795 as amended by 1992 PA 8.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

Senator V. Smith moved that Senator Cherry be excused from the balance of today's session.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 354, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 506a and 605 (MCL 37.2506a and 37.2605), section 506a as added and section 605 as amended by 1992 PA 124.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 355, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 115f (MCL 400.115f), as amended by 1994 PA 238.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 358, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 211a, 410, and 502 (MCL 550.1211a, 550.1410, and 550.1502), section 211a as added by 1993 PA 127 and section 502 as amended by 1994 PA 440.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 359, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; and to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property," by amending section 2b (MCL 123.952b).

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 360, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2027, 2121, 2264, 2925a, and 5208a (MCL 500.2027, 500.2121, 500.2264, 500.2925a, and 500.5208a), sections 2121 and 2925a as amended by 1980 PA 461 and section 5208a as added by 1981 PA 189.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 361, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 306 (MCL 331.1306), as amended by 1988 PA 502.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 362, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 116 (MCL 330.1116), 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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 363, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1995 PA 81.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 364, entitled

A bill to amend 1973 PA 8, entitled "An act to provide for the construction and maintenance of sidewalks for use by handicapped persons," by amending the title and section 1 (MCL 125.1361).

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 365, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending the title and sections 47a and 104b (MCL 559.147a and 559.204b), the title and section 104b as amended by 1982 PA 538 and section 47a as added by 1987 PA 31.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 366, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 3 and 6 (MCL 400.703 and 400.706), as amended by 1996 PA 194.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 367, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending sections 7 and 14 (MCL 408.387 and 408.394).

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 368, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 49, 145m, 147a, 470, and 502c (MCL 750.49, 750.145m, 750.147a, 750.470, and 750.502c), section 49 as amended by 1995 PA 228, section 145m as added by 1994 PA 149, section 470 as added by 1992 PA 271, and section 502c as amended by 1995 PA 114.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 369, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7d (MCL 211.7d), as amended by 1987 PA 200.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senator Stallings moved that he be named co-sponsor of the following bill:

Senate Bill No. 369

The motion prevailed.

 

 

Senator V. Smith moved that his name be removed as sponsor of the following bill:

Senate Bill No. 369

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 370, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI and section 19a of chapter XV (MCL 771.3b and 775.19a), section 3b of chapter XI as amended by 1994 PA 426 and section 19a of chapter XV as amended by 1982 PA 203.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 371, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 19a, 39a, 67b, 252d, 321a, 674, 675, 742, 803d, 803e, 803f, 803h, 803i, 803j, 803k, 803l, 803n, and 803o (MCL 257.19a, 257.39a, 257.67b, 257.252d, 257.321a, 257.674, 257.675, 257.742, 257.803d, 257.803e, 257.803f, 257.803h, 257.803i, 257.803j, 257.803k, 257.803l, 257.803n, and 257.803o), section 19a as amended by 1996 PA 198, section 675 as amended by 1994 PA 432, section 39a as added by 1987 PA 257, sections 67b, 674, 803e, 803f, 803i, 803j, 803k, 803l, 803n, and 803o as amended by 1994 PA 104, sections 252d and 742 as amended by 1989 PA 89, section 321a as amended by 1996 PA 493, section 803d as amended by 1984 PA 175, and section 803h as added by 1988 PA 419.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

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

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, 31a, 99, and 107 (MCL 388.1611, 388.1620, 388.1631a, 388.1699, and 388.1707), sections 11, 20, 31a, and 99 as amended and section 107 as added by 1996 PA 300, and by adding sections 6b, 105a, and 105b.

(This bill was read a third time on May 8, amendments offered, adopted and not adopted and consideration postponed. See Senate Journal No. 39, p. 573.)

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

Senator DeGrow moved that the Senate proceed to consideration of the amendments offered by Senator Bouchard.

On which motion Senator V. Smith requested the yeas and nays.

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

The motion prevailed, a majority of members voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senators V. Smith and DeBeaussaert, under their constitutional right of protest (Art. IV, Sec. 18), protested against the motion to proceed to the amendments offered by Senator Bouchard to House Bill No. 4299.

Senator V. Smith's statement is as follows:

The Bouchard amendment really has language that we are supportive of. The problem that we have is the amendment is substantially the DeBeaussaert amendment which we debated last week.

We understand why the Secretary accepted this amendment. It's been changed slightly, but the intent of the amendment still almost substantially follows the intent as originally submitted by the good Senator from the 11th District.

We wanted to work with our Republican colleagues. We don't mind working with them. We don't mind negotiating and sharing, but we don't like to have our amendments plagiarized and we don't like to have them stolen. That's what we think is happening in this case and we want to make it part of the official record.

 

Senator DeBeaussaert's statement is as follows:

I voted "no" on moving to the Bouchard amendment at this time because I think that the Senate deserves to have the opportunity to vote on the amendment that has been offered and before us for a considerable period of time. I guess in one sense, we should be flattered that we've been imitated in this sense, but the fact of the matter is that after having been stonewalled on procedural motions for a good part of last week and then pass that amendment temporarily to allow the Chair of the committee to return now, it appears that we are not going to be allowed to have the discussion or debate that the Senate deserves.

In addition, it seems to me that while I think we are trying to address the same issue and the same problem in largely the same way, that there are some serious concerns or flaws in the Bouchard amendment that we will now have the opportunity to debate. The concern that I have is that we didn't have that opportunity to debate and to vote on the amendment that had been previously offered and longstanding before the Senate. For that reason alone, I voted against taking up the Bouchard amendment immediately.

 

 

Senators Bouchard, Peters and DeBeaussaert offered the following amendments:

(a) A passing score on locally-adopted and state-approved basic proficiency tests measuring proficiency in 1 or more of the subject areas specified in this subsection.

(b) If the pupil is eligible to take the general education development (G.E.D.) test, a passing score in 1 or more of the subject areas specified in this subsection and tested in the G.E.D. test.

(c) For a state endorsement in communications arts, at least a score of moderate on the reading portion of the Michigan educational assessment program (MEAP) grade 10 test; for a state endorsement in mathematics, at least a score of moderate on the mathematics portion of the MEAP grade 10 test; and, for a state endorsement in science, at least 50% of the objectives on the science portion of the MEAP grade 11 test. For pupils scheduled to graduate in 1997, the department may use a version of the science assessment instrument developed under subsection (8) instead of the science portion of the MEAP grade 11 test, and, in its discretion, may administer that science assessment instrument in the fall of 1995 or the spring of 1996, or both. If the department uses that science assessment instrument, as provided under this subdivision, the department, based on expert advice, shall determine the level of proficiency that must be demonstrated for a pupil scheduled to graduate in 1997 to earn a state endorsement in science.

(2) For pupils scheduled to graduate in 1997, if a pupil achieves the outcomes required by the state board, as measured by an assessment instrument developed under subsection (8), for a state-endorsed high school diploma, or meets the requirements described in subsection (1)(c) for a state-endorsed high school diploma, in 1 or more of the subject areas of communications skills, mathematics, and science, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. Beginning with pupils scheduled to graduate in 1998, if a pupil achieves the objectives required by the state board, as measured by an assessment instrument developed under subsection (8) (7), for a state-endorsed high school diploma in 1 or more of the subject areas of communications skills, mathematics, science, and, beginning with pupils scheduled to graduate in 2000, social studies, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. A district shall not award a state endorsement to a pupil unless the pupil meets the applicable requirements for the endorsement, as described in this subsection. A school district may award a high school diploma to a pupil who successfully completes local district requirements established in accordance with state law for high school graduation, regardless of whether the pupil is eligible for any state endorsement.

(3) A district that offers a pupil the opportunity to pass a basic proficiency test described in subsection (1)(a) as 1 means to obtain a state-endorsed diploma in 1994, 1995, or 1996 may submit the district's own basic proficiency test to the department for approval to be used by the district to assess proficiency.

(3) (4) A pupil who does not achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, may be reevaluated each school year until the pupil achieves an applicable requirement for a state-endorsed diploma. In addition, the board of the district in which the pupil is enrolled shall provide that there be at least 1 meeting attended by at least the pupil and a member of the district's staff or a local or intermediate district consultant who is proficient in the measurement and evaluation of pupils. The district may provide the meeting as a group meeting for pupils in similar circumstances. If the pupil is a minor, the district shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the meeting and shall mail a notice of the meeting to the pupil's parent, legal guardian, or person in loco parentis. The purpose of this meeting and any subsequent meeting under this subsection shall be to determine an educational program for the pupil designed to have the pupil reach proficiency in each subject or skill area in which he or she was assessed by the testing as not proficient. In addition, a district may provide for subsequent meetings with the pupil conducted by a high school counselor or teacher designated by the pupil's high school principal, and shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the subsequent meetings. The district shall provide special programs for the pupil or develop a program using the educational programs regularly provided by the district unless the board of the district decides otherwise and publishes and explains its decision in a public justification report. A pupil may be reevaluated at any time the district administers an applicable assessment instrument.

(4) (5) For a state-endorsed diploma, a pupil must achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2) , as applicable, in addition to any other requirements established by law or by the board of a district for a high school diploma. If BEGINNING WITH PUPILS SCHEDULED TO GRADUATE IN 1998, IF the board of a district determines that a pupil qualifies for a state-endorsed diploma, the board shall indicate on the pupil's high school diploma and transcript that the pupil achieved the proficiency necessary for receipt of a state-endorsed diploma.

(5) (6) An individual may repeat any of the tests or assessment instruments specified in subsection (1) or subsection (2) , as applicable, at any time the district regularly offers the test or assessment. or, for the MEAP tests described in subsection (1)(c), during the established testing period, and, upon achieving at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, and completing BEGINNING IN 1998, IF AN INDIVIDUAL DESCRIBED IN THIS SUBSECTION ACHIEVES THE REQUIREMENTS OF SUBSECTION (2) AND COMPLETES all other applicable requirements for a high school diploma, THE INDIVIDUAL shall be awarded a state-endorsed diploma.

(6) (7) A district shall provide accommodations to a pupil with disabilities for the proficiency testing or assessment required under this section, as provided under section 504 of title V of the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II of the Americans with disabilities act of 1990, Public Law 101-336, 42 U.S.C. 12131 to 12134; and the implementing regulations for those statutes. A special education pupil scheduled to graduate in 1994, 1995, or 1996 who has passed an alternative form of assessment permitted under this section as it was in effect for 1992-93 shall receive the applicable endorsement under this section.

(7) (8) For the purposes of this section, the state board shall develop or select and approve assessment instruments to determine pupil proficiency in communications skills, mathematics, social studies, and science. The assessment instruments shall be based on the state board model core academic content standards objectives.

(9) The state board shall develop or select and approve assessment instruments for the purpose of awarding state endorsements of advanced mastery in specified subject areas.

(8) (10) Upon written request by the pupil's parent or legal guardian stating that the request is being made for the purpose of providing the pupil with an opportunity to qualify to take 1 or more postsecondary courses as an eligible student under the postsecondary enrollment options act, Act No. 160 of the Public Acts of 1996, being sections 388.511 to 388.524 of the Michigan Compiled Laws 1996 PA 160, MCL 388.511 TO 388.524, the board of a district shall allow a pupil who is in at least grade 10 to take a test or assessment described in subsection (1) or (2) without charge at any time the district regularly administers the test or assessment or administers a retest of the test or assessment. A district is not required to include in an annual education report, or in any other report submitted to the department for accreditation purposes, results of tests or assessments taken under this subsection by a pupil in grade 10 or lower.

(9) (11) All assessment instruments developed or selected and approved by the state under any statute or rule for a purpose related to K to 12 education shall be objective-oriented and consistent with the state board model core academic content standards objectives.

(10) (12) Upon payment of a reasonable fee any person may, after graduation from high school, retake the state-endorsed diploma test and, upon achieving the initial mastery level DEMONSTRATING THE REQUIRED PROFICIENCY in a subject area, have his or her high school diploma state-endorsed for that subject area.".

"Enacting section 1. Section 1279 of the revised school code, 1976 PA 451, MCL 380.1279, is repealed.".

The question being on the adoption of the amendments,

Senators Peters and DeBeaussaert offered the following amendment to the amendments:

The amendment to the amendments was not adopted.

Senator V. Smith requested the yeas and nays.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senators Bouchard and Emmons, under their constitutional right of protest (Art. IV, Sec. 18), protested against the adoption of the amendments offered by Senators Peters and DeBeaussaert to House Bill No. 4299.

Senator Bouchard's statement is as follows:

On the last amendment I voted "no" because I felt it was going to be a bureaucratic paper shuffle requiring every parent to opt out rather than the inverse of what we would suggest--to allow parents who specifically want it to opt in. I think that would be supported on both sides of the aisle, which I think brings attention to the issue that needs to be looked at in a comprehensive fashion. That's why I think the year moratorium is in the best interest. At any rate, I would support an amendment to my amendment that would allow a parent to opt in rather than to require every parent to opt out. For that reason I voted "no" on the previous amendment.

 

Senator Emmons' statement is as follows:

I think it's really important that we look in the committee at this particular issue. We've been listening to teachers. The board of education has some different ideas and so we want to make it possible not to penalize students this year, but if they want the endorsement to actually have it. As far as I know we will have the opportunity to look at the whole procedure and do an entire look at this in committee. On the floor is not the place to write this kind of legislation. These minor amendments will fix the problem for the students who have taken it this year. I voted against a complete putting back of the requirement that people have to make judgement and actually require that their students not be in it and I think this is a much better approach.

 

 

Senators Peters and DeBeaussaert offered the following amendments to the amendments:

The amendments to the amendments were adopted.

The amendments, as amended, were adopted, a majority of the members serving voting therefor.

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

Senator DeBeaussaert withdrew the amendments.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 11, 20, 31a, 99, 104a, and 107 (MCL 388.1611, 388.1620, 388.1631a, 388.1699, 388.1704a, and 388.1707), sections 11, 20, 31a, 99, and 104a as amended and section 107 as added by 1996 PA 300, and by adding sections 6b, 105a, 105b, and 161a; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

 

 

Senators Emmons and Peters asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Emmons' statement is as follows:

The Senator from the 14th District has made this political. I'm sorry he thinks that a "Listen-In" with 50 teachers is not moving the process along. I'm sorry he thinks that a "Listen-In" today of three hours and one on Thursday is not moving this problem along. If he had stayed for the entire hearing, he would have heard the discussion about the HSPT.

The single response we've had from teachers was "Nobody listens to me. Nobody has asked me what I think ought to be done." I think it's high time we went back to the experts in this field and asked them what the problems are and then not stand on the Senate floor and pretend we know a perfect solution and pass it in an amendment on a bill. I have heard all sorts of fixes for this particular problem--abolish it, shorten it, fix it, exempt me, my kid doesn't deserve to fail. Nobody that I know of yet has a perfect solution to this problem. The reason simply is, children are not cut out like cookies! This solution will not be cut out cookie-cutter style.

I was gone last Thursday because I was in Washington at an NCSL meeting. Frank Holmoon, who is the chief of staff to the office to the Secretary to the U.S. Department of Education came and spoke to our group. I gave him my card and I said, "If you're going to have a national test, Michigan children will be ready." I don't think anybody should say our children are not ready to compete with not only the people in the other states, but whoever brings on any competition outside our borders. We need to fix the test in some fashion, but, by golly, as long as I'm Chairman of the Education Committee we're going to learn to listen to the teachers first.

 

Senator Peters' statement is as follows:

I'm very encouraged with the fact that the good Chair of the Senate Education Committee is now willing to listen to teachers. It's something that we've been doing on this side of the aisle for many, many years. It's not a new thing that we have found over on the Democratic side, in that we realize that teachers are always part of the solution in how we make public schools better. Unfortunately, we have a majority party and a Governor in this state who has been vilifying teachers for far too many years. It's about time that the Chair of the Education Committee now believes that perhaps teachers have something to offer. That is what we've been doing for years and we're going to continue to do it for years to come.

We have also been listening to not just teachers, but also the parents and the students and to administrators--all people involved in the educational process. If we are going to make public education better, we've got to bring everybody in the process, listen to everybody, and not just listen to people with some public relations gimmick with the Education Committee, but actually listen to those people and make concrete changes in public policy. That is how we're going to move this state forward. I appreciate the Chairperson of the Education Committee who has now come around to realize that teachers are a part of the solution. I welcome her in this fight and I look forward to working with her in the future.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senator DeGrow moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 20

Senate Concurrent Resolution No. 11

Senate Concurrent Resolution No. 18

Senate Concurrent Resolution No. 19

Senate Concurrent Resolution No. 20

Senate Concurrent Resolution No. 21

Senate Concurrent Resolution No. 22

The motion prevailed.

 

 

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

Senate Resolution No. 54

Senate Resolution No. 55

Senate Resolution No. 56

Senate Resolution No. 57

Senate Resolution No. 58

Senate Resolution No. 59

Senate Resolution No. 60

The resolution consent calendar was adopted.

 

 

Senators Gougeon and Schuette offered the following resolution:

Senate Resolution No. 54.

A resolution to commemorate the planting of a Chemists' Tree, at the Herbert H. Dow Museum, in recognition of the 10th Anniversary of National Chemistry Week.

Whereas, The mission of the American Chemical Society and the National Chemistry Week is to make the public more aware of chemistry's vital role in everyday life and in the nation's economy; and

Whereas, This national organization of the American Chemical Society was founded in 1876, as a non-profit scientific and educational organization of professional chemists and chemical engineers. Chartered by Congress in 1937, it is devoted to the advancement of chemical science in the public interest; and

Whereas, The current membership of the American Chemical Society is over 151,000 professionals, making it the largest scientific society in the world; and

Whereas, The Midland Section of the American Chemical Society has established a program to help significantly improve the teaching of chemistry in the area schools through the "Bringing Science to Life in the Classroom" program; and

Whereas, The project emphasizes the "hands-on" and student-teacher collaborative aspects of discovering science, which further promotes student learning and generates enthusiasm for chemistry; and

Whereas, The objectives of this occasion are to build awareness of chemistry in everyone's daily life and to generate positive national, regional and local public relations for the chemical industry; now, therefore, be it

Resolved by the Senate, That we hereby mark the planting of a Chemists' Tree and salute the participants of the Midland Section of the American Chemical Society; and be it further

Resolved, That a copy of this resolution be transmitted to the coordinators of this event as evidence of our respect and best wishes.

Senators Shugars, Stille, Posthumus, McManus, Young, Schwarz, Conroy, Stallings and Vaughn were named co-sponsors of the resolution.

Senators Hoffman, Geake, Cisky, Bouchard, Bullard, Steil, Rogers, Carl, Gougeon, Bennett, Shugars, Dunaskiss, DeGrow, V. Smith, Vaughn, McManus, North, Koivisto, Emmons, Byrum, Berryman, DeBeaussaert, Conroy, Hart, A. Smith, Miller, Dingell, O'Brien, Stallings, Gast, Posthumus, Peters, Schwarz, Stille and Schuette offered the following resolution:

Senate Resolution No. 55.

A resolution memorializing the life of Dr. Cheddi Jagan.

Whereas, On behalf of the citizens of Michigan, we extend our sympathies and respect to the people of Guyana upon the death of their President, Dr. Cheddi Jagan, whose passing has saddened all who had the good fortune of knowing him. Dr. Jagan is well-known around the world as a statesman and a patriot who, throughout his life, fought for improving the lives of the people of his nation; and

Whereas, Born on March 22, 1918, at Port Mourant, in what was then called British Guyana, the son of indentured laborers who came from Uttar Pradesh in India, Cheddi Bharat Jagan, worked and studied his way out of poverty. He came to the United States in the 1930's to attend college and eventually graduated from Northwestern University as a Doctor of Dental Surgery; and

Whereas, Upon his return to Georgetown, Guyana, Dr. Jagan and his new wife, Janet, helped to form a political organization that would lead the struggle for Guyana's independence from Britain, which evolved into the People's Progressive Party in 1953; and

Whereas, In April 1953, his party won 18 of the 24 seats in Guyana's Legislative Council, only to later be ousted and jailed by the political forces loyal to Great Britain; and

Whereas, Dr. Jagan again led his party to large electoral victories in 1957 and 1961, after Guyana had gained internal self-government from Great Britain; and

Whereas, After a broad change in the electoral system, Dr. Jagan was forced out of office by the British; and

Whereas, Dr. Jagan spent 28 years leading the political opposition movement in his nation before returning to power in late 1992, with a commitment to improving relations with the United States, the protection of human rights, and to creating an improved mixed market financial system to heal his nation's battered economy; and

Whereas, Dr. Jagan's leadership in the promotion of economic partnerships with several individual states of the United States of America has resulted in Guyana's economy having one of the highest growth rates in Latin America and the Caribbean; now, therefore, be it

Resolved by the Senate, That we recognize and salute Dr. Cheddi Jagan for his service to the citizens of Guyana and for his commitment to cooperation and friendship with the United States of America; and be it further

Resolved, That copies of this resolution be transmitted to the family of Dr. Cheddi Jagan, Dr. Odeen Ishmael, the Guyana Ambassador to the United States of America, and to the Guyana Parliament as evidence of our respect and gratitude.

Senator Young was named co-sponsor of the resolution.

 

 

Senators North, Posthumus, McManus, Gast, Stille, Schuette, Gougeon, Bouchard, Carl, Cisky, Van Regenmorter, Dunaskiss, Steil, Schwarz, Bullard, DeGrow, Rogers, Bennett, Geake, Shugars, Hoffman and Emmons offered the following resolution:

Senate Resolution No. 56.

A resolution to memorialize the life of C.W. "Mac" McClellan.

Whereas, It is with deep sadness that the members of the Republican Caucus of the Michigan Legislature learned of the passing of C.W. "Mac" McClellan, a dedicated public servant and caring person who enriched the lives of many. With genuine respect for his legacy of accomplishment, we join together in extending our condolences to his family and many friends. He will be sincerely missed and long remembered; and

Whereas, Serving others was a well-established trait of Mac. He served his nation as an Army Air Corp pilot during World War II and retired from the U.S. Air Force Reserves as a Lieutenant Colonel. Mac enjoyed a successful career with General Motors, retiring as the Director of Executive Development; and

Whereas, Continuing his commitment to country, Mac was a lifelong volunteer and Michigan Republican Party leader. He worked as a County GOP Chair, County Finance Chair, and Precinct Delegate. Mac served as our Party's 5th Vice-Chair for 12 years, representing Michigan twice as a Delegate to Republican National Conventions; and

Whereas, For a great many years, Mac labored to spread the Republican message. He was a shining example of an individual making a difference, striving to make his community better through his volunteer efforts. In the words of Ronald Reagan, Mac made his mark, "doing the hard work of freedom"; and

Whereas, The life of C.W. "Mac" McClellan is a study in the power of hard work, dedication, and commitment to his career, his family and friends, and his state. We are clearly grateful for his achievements, which will continue to enhance Michigan in the future; now, therefore, be it

Resolved by the Senate, That we recognize and salute C.W. "Mac" McClellan, a man who had a profound impact on our state and nation; and be it further

Resolved, That copies of this resolution be transmitted to the family of C.W. "Mac" McClellan as evidence of our respect and gratitude.

Senators Young, Stallings and Vaughn were named co-sponsors of the resolution.

 

 

Senators Schuette, Van Regenmorter, North, Emmons, McManus, Rogers, Cisky, Gougeon, Steil, Bennett, Stille, Bouchard, Posthumus, Gast, Schwarz, DeGrow, Dunaskiss, Shugars, Bullard, Dingell, Carl, Miller, Byrum, O'Brien, V. Smith, Vaughn, A. Smith, Peters, Stallings, DeBeaussaert, Conroy, Young, Berryman and Koivisto offered the following resolution:

Senate Resolution No. 57.

A resolution honoring Ms. Katherine Grzesiak upon receiving the 1997-1998 Michigan Teacher of the Year Award.

Whereas, Ms. Katherine Grzesiak has been teaching for over 27 years, and is currently teaching at Eastlawn Elementary School. As recognition for her dedication to the field of education, she has recently been bestowed the honor of the 1997-1998 Michigan Teacher of the Year Award; and

Whereas, Katherine graduated from Central Michigan University in 1968 with a Bachelor of Science degree and received her Master's degree in 1975, from Saginaw Valley State University. She has continued her commitment to lifelong learning, taking courses at several colleges and universities throughout Michigan, fulfilling her own love of education; and

Whereas, Her greatest influences have been from her parents and a special ninth grade teacher, all of whom instilled in her a tremendous work ethic. Katherine believes "perseverance, striving for excellence and a sense of personal pride" are essential ingredients to her success. She also believes her greatest rewards are her students; and

Whereas, Henry Brooks Adams once said, "A teacher affects eternity. He can never tell where his influence stops." Katherine has affected a lifetime of students in the most positive, uplifting way; now, therefore, be it

Resolved by the Senate, That the highest tribute be hereby accorded to honor Katherine Grzesiak, Michigan's 1997-1998 Teacher of the Year; and be it further

Resolved, That a copy of this resolution be presented to Katherine Grzesiak as evidence of the respect and admiration we have for her endeavors.

 

 

Senator Stille offered the following resolution:

Senate Resolution No. 58.

A resolution of tribute to the hosts of the 1997 Blue Lake Fine Arts Tour.

Whereas, It is with great respect and friendship that we extend greetings to the hosts of the Blue Lake Fine Arts Camp during its 1997 European tour. As the talented participants from the Blue Lake Fine Arts Camp visit Belgium, Denmark, France, Germany, Italy, Luxembourg, Austria, and Sweden, we offer warm wishes from the people of the state of Michigan. We express our sincere appreciation to the European officials and to the various members of each community who have made this visit possible; and

Whereas, Our young people will speak to you through the international language of music. Although they are far from home, they have already been warmed by the spirit of friendship you exhibited to them. As they return to their homes, we know they will carry with them fond memories of the wonderful people who took them into their hearts and homes; and

Whereas, The members of the Blue Lake 1997 International Youth Symphony Orchestra, International Symphony Band, International Ballet Ensemble, International Choral Ensemble, and International Jazz Ensemble are talented high school students ranging in age from thirteen to eighteen years. They are under the musical leadership of the outstanding Blue Lake Fine Arts Camp faculty: Fritz Stansell, International Youth Symphony Orchestra; Bill McFarlin, International Jazz Ensemble; Kevin Johnson, International Choral Ensemble; Jefferson Baum, International Ballet Ensemble; and Terry Stansell, International Symphony Band; and

Whereas, Gretchen Stansell, Blue Lake Fine Arts Camp International Program Director, has provided outstanding leadership in the field of educational travel and has vigorously pursued the creation of better understanding among the people of the world through cultural exchanges and in the universal language of music; and

Whereas, The Blue Lake Fine Arts Camp provides instruction in the arts under the capable leadership of Mr. Fritz Stansell, founder and president. Services are provided for over 3,800 students, with creative programs in music, art, dance, and theater; and

Whereas, This year, Blue Lake Fine Arts Camp celebrates its Thirty-first Anniversary Season of service to young fine arts' students. The Blue Lake International Youth Symphony Orchestra and International Symphony Band, International Choral Ensemble, International Ballet Ensemble, and International Jazz Ensemble will celebrate this milestone in Blue Lake Fine Arts Camp's history by undertaking an additional tour in the states of Michigan, Indiana, Ohio, and Illinois; and

Whereas, The Blue Lake Fine Arts Camp International Program is honored and pleased to share with our European friends the fruits of America's musical heritage and to extend the hand of international friendship; now, therefore, be it

Resolved by the Senate, That tribute be accorded to the Blue Lake Fine Arts Camp as it commences its 1997 European tour, and to express to its hosts the esteem and friendship of the people of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the tour hosts and Fritz Stansell, founder and president of the Blue Lake Fine Arts Camp.

 

 

Senator Gougeon offered the following resolution:

Senate Resolution No. 59.

A resolution offered as a memorial for James Umphrey.

Whereas, It is with deep respect that we offer this resolution as a memorial for the life of James Umphrey. His passing has saddened all who had the good fortune of knowing him and we extend our sympathies and respect to his family and many friends. Jim will be sincerely missed and will forever be remembered for his selfless commitment to serving others; and

Whereas, Jim established himself as an effective and ethical leader during the time he served the local community as Huron County Prosecuting Attorney and the state of Michigan as president of the Prosecuting Attorneys Association. This gentleman loved the law, as it gave him the opportunity to meet people, talk to them and help them solve their problems. He was sensitive to everyone involved in the case and he never stopped mentoring young attorneys; and

Whereas, He was very interested in ideas and education and loved to think in terms of the future, more than the present. Jim supported education statewide and locally by serving on college boards and taking the time to promote the local library in Bad Axe; and

Whereas, Jim Umphrey's influence extended beyond Huron County, largely because of his involvement in the Republican Party, and he became someone to whom the local and statewide political leaders listened; and

Whereas, The game of golf gave Jim an opportunity to enjoy old friends and make new ones. He reveled at the chance to be in the great outdoors on the local course, and also a chance to travel to Scotland to play on the legendary St. Andrews course; and

Whereas, Many say the mark of a man lies in his attitude toward animals. Here also Jim will be remembered for his series of dogs named Duke that were his constant companions. His love for learning had recently led him to travel to the Hudson Bay to see the polar bears; and

Whereas, This man loved the law, learning, and all living things. He will best be remembered for his abundant personal warmth. His family should take great pride in this fine man who bequeathed a wonderful legacy of accomplishment and love; now, therefore, be it

Resolved by the Senate, That this document is signed and dedicated to offer words of praise as a memorial for James Umphrey; and be it further

Resolved, That a copy of this resolution be transmitted to the family of James Umphrey as evidence of our respect and admiration.

 

 

Senators Cisky, Schwarz, Gougeon, Bouchard, Geake, Gast, Miller, Rogers, Carl, Stille, North, Byrum, Shugars, Bennett, Dunaskiss, Steil, Van Regenmorter, Bullard, McManus, Koivisto, Berryman, Dingell, A. Smith, Conroy, Posthumus, DeGrow, Schuette, V. Smith, Peters, DeBeaussaert, Vaughn, Hoffman, Young, Emmons, O'Brien and Cherry offered the following resolution:

Senate Resolution No. 60.

A resolution offered as a tribute to John K. "Jack" Otter.

Whereas, John K. "Jack" Otter served for 40 years at Saginaw's General Motors Corporation. In addition, Jack served as Senator Jon Cisky's executive assistant for four dedicated years and worked diligently with local groups and charities; and

Whereas, The members and staff of the Michigan Legislature extend their deepest sympathies to the friends and family of Jack Otter. We acknowledge and commend the devotion Jack had for his work and we express gratitude for his time spent working with the Salvation Army, the City Rescue Mission and the United Way of Saginaw. His commitment to the community was also evident in the effort he put forth organizing the famed Bavarian Festival in Frankenmuth and his position on the Frankenmuth Civic Events Council; and

Whereas, A lifelong resident of Saginaw County, Jack Otter began working at the former Saginaw Steering Gear after graduation from Arthur Hill High School in 1953 and worked in several communications and governmental affairs positions until his retirement in 1993. Jack went on to pursue his interest in politics post-retirement in Senator Jon Cisky's office, where he became tirelessly dedicated to his job working with constituents; and

Whereas, Jack Otter's life is a testimony to his faith in hard work and community service, and his energy in doing what he loved earned respect from his colleagues; now, therefore, be it

Resolved by the Senate, That tribute be accorded to John K. "Jack" Otter, who worked at General Motors Corporation for 40 years and with Senator Jon Cisky for four years; and be it further

Resolved, That a copy of this resolution be transmitted to Jack Otter's family as evidence of our respect and esteem.

 

 

Senator Shugars offered the following resolution:

Senate Resolution No. 61.

A resolution to memorialize the Congress of the United States and the Food and Drug Administration regarding the phaseout of chloroflurocarbons from medical inhalers.

Whereas, In the years since science discovered the harmful effects of chloroflurocarbons on the earth's protective ozone layer, the United States and other industrial nations have implemented numerous changes to reduce the release of certain chemicals into the air. An international agreement, the Montreal Protocol, has put in place requirements that will have far-reaching health benefits. Alternate processes and materials are now used instead of CFCs routinely by all Americans; and

Whereas, In addition to the industrial and refrigeration uses of CFCs, the chemicals are invaluable to millions of people for their medical applications. An exception to the ban on CFCs was made for their essential uses in pharmaceuticals. For the 30 million Americans with various respiratory conditions, including asthma and cystic fibrosis, CFCs are essential to metered dose inhalers (MDI), a vital component of treatment. In recognition of the life-saving work that MDIs have made possible over the past forty years, provisions have been made through the Montreal Protocol and the FDA to phase in restrictions for CFCs in MDIs; and

Whereas, The current plan is for all CFCs to be prohibited from MDIs one year after a single non-CFC MDI is available. This proposal, if put in place without amendment, holds many perils for sufferers of asthma, chronic obstructive pulmonary disease, and cystic fibrosis; and

Whereas, As alternatives to CFCs in MDIs are developed, it is necessary to acknowledge that the success of inhalers in delivering medications is enhanced by the fact that there are several options available to patients. Some types of inhalers and products work better with some patients than others with the identical disease. There needs to be an adequate number of alternatives for treatment for patients, instead of ending the search for new products after only one is identified; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States and the Food and Drug Administration to phase out the use of chloroflurocarbons from medical inhalers in a schedule of at least three years to permit the development of as many treatment alternatives as possible; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Food and Drug Administration.

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

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Health Policy and Senior Citizens.

The motion prevailed.

 

 

Senator Shugars offered the following concurrent resolution:

Senate Concurrent Resolution No. 30.

A concurrent resolution to memorialize the Congress of the United States and the Food and Drug Administration regarding the phaseout of chloroflurocarbons from medical inhalers.

Whereas, In the years since science discovered the harmful effects of chloroflurocarbons on the earth's protective ozone layer, the United States and other industrial nations have implemented numerous changes to reduce the release of certain chemicals into the air. An international agreement, the Montreal Protocol, has put in place requirements that will have far-reaching health benefits. Alternate processes and materials are now used instead of CFCs routinely by all Americans; and

Whereas, In addition to the industrial and refrigeration uses of CFCs, the chemicals are invaluable to millions of people for their medical applications. An exception to the ban on CFCs was made for their essential uses in

Whereas, The current plan is for all CFCs to be prohibited from MDIs one year after a single non-CFC MDI is available. This proposal, if put in place without amendment, holds many perils for sufferers of asthma, chronic obstructive pulmonary disease, and cystic fibrosis; and

Whereas, As alternatives to CFCs in MDIs are developed, it is necessary to acknowledge that the success of inhalers in delivering medications is enhanced by the fact that there are several options available to patients. Some types of inhalers and products work better with some patients than others with the identical disease. There needs to be an adequate number of alternatives for treatment for patients, instead of ending the search for new products after only one is identified; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States and the Food and Drug Administration to phase out the use of chloroflurocarbons from medical inhalers in a schedule of at least three years to permit the development of as many treatment alternatives as possible; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Food and Drug Administration.

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

Senator DeGrow 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 DeGrow moved that the concurrent resolution be referred to the Committee on Health Policy and Senior Citizens.

The motion prevailed.

 

By unanimous consent the Senate returned to the order of

 

 

Senator Bouchard introduced

Senate Bill No. 500, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287.

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

 

 

Senator Shugars introduced

Senate Bill No. 501, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 501b.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.

 

 

Senators Hoffman, Stille, Schwarz, Bullard, Gougeon and Bennett introduced

Senate Bill No. 502, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2912a (MCL 600.2912a), as amended by 1993 PA 78.

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

 

 

House Bill No. 4273, entitled

A bill to amend 1945 PA 200, entitled "An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof," by amending sections 1, 2, 3, and 6 (MCL 565.101, 565.102, 565.103, and 565.106) and by adding sections 1a and 2a.

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 Agriculture and Forestry.

 

 

House Bill No. 4307, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The House of Representatives has passed the bill.

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

 

 

 

 

The Committee on Government Operations reported

Senate Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article VIII, to change the term "handicapped" to "disabled".

With the recommendation that the joint resolution be adopted.

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The joint resolution was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 352, entitled

A bill to amend 1976 PA 220, entitled "Michigan handicappers' civil rights act," by amending the title and sections 101, 102, 103, 202, 203, 204, 205, 206, 208, 209, 210, 211, 302, 402, 403, 502, 504, 505, 506, 506a, 507, 604, and 606 (MCL 37.1101, 37.1102, 37.1103, 37.1202, 37.1203, 37.1204, 37.1205, 37.1206, 37.1208, 37.1209, 37.1210, 37.1211, 37.1302, 37.1402, 37.1403, 37.1502, 37.1504, 37.1505, 37.1506, 37.1506a, 37.1507, 37.1604, and 37.1606), the title and sections 103, 502, and 504 as amended and section 506a as added by 1992 PA 123, sections 102 and 606 as amended and sections 210 and 211 as added by 1990 PA 121, and sections 204 and 402 as amended and section 209 as added by 1980 PA 478.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 353, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 29, 504, 509t, and 795 (MCL 168.29, 168.504, 168.509t, and 168.795), sections 29 and 504 as amended by 1989 PA 142, section 509t as added by 1994 PA 441, and section 795 as amended by 1992 PA 8.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 354, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 506a and 605 (MCL 37.2506a and 37.2605), section 506a as added and section 605 as amended by 1992 PA 124.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 355, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 115f (MCL 400.115f), as amended by 1994 PA 238.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 356, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 293, 295, and 296 (MCL 18.1293, 18.1295, and 18.1296).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 357, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 205 (MCL 484.1205), as amended by 1994 PA 29.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Committee on Government Operations reported

Senate Bill No. 369, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7d (MCL 211.7d), as amended by 1987 PA 200.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 370, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI and section 19a of chapter XV (MCL 771.3b and 775.19a), section 3b of chapter XI as amended by 1994 PA 426 and section 19a of chapter XV as amended by 1982 PA 203.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 371, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 19a, 39a, 67b, 252d, 321a, 674, 675, 742, 803d, 803e, 803f, 803h, 803i, 803j, 803k, 803l, 803n, and 803o (MCL 257.19a, 257.39a, 257.67b, 257.252d, 257.321a, 257.674, 257.675, 257.742, 257.803d, 257.803e, 257.803f, 257.803h, 257.803i, 257.803j, 257.803k, 257.803l, 257.803n, and 257.803o), section 19a as amended by 1996 PA 198, section 675 as amended by 1994 PA 432, section 39a as added by 1987 PA 257, sections 67b, 674, 803e, 803f, 803i, 803j, 803k, 803l, 803n, and 803o as amended by 1994 PA 104, sections 252d and 742 as amended by 1989 PA 89, section 321a as amended by 1996 PA 493, section 803d as amended by 1984 PA 175, and section 803h as added by 1988 PA 419.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 372, entitled

A bill to amend 1969 PA 235, entitled "An act authorizing local units of government to regulate and control traffic in parking areas; and to provide a penalty for a violation of this act," by amending section 2a (MCL 257.942a).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 373, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1993 PA 225.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 374, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 102 and 304b (MCL 484.2102 and 484.2304b), section 102 as amended and section 304b as added by 1995 PA 216.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 375, entitled

A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 8 (MCL 388.558).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 376, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending section 2 (MCL 125.1502), as amended by 1980 PA 371.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 377, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 34a (MCL 791.234a), as amended by 1994 PA 427.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 378, entitled

A bill to amend 1967 PA 291, entitled "An act to authorize state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected," by amending sections 1 and 2a (MCL 390.891 and 390.892a), section 1 as amended by 1992 PA 229 and section 2a as amended by 1991 PA 42.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 379, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 3 and 6 (MCL 400.703 and 400.706), as amended by 1996 PA 194.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 380, entitled

A bill to amend 1990 PA 325, entitled "Michigan museum act," by amending sections 110 and 210 (MCL 399.410 and 399.510).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 381, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 396 (MCL 16.496).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 382, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 1, 22, 32b, 44, and 44d (MCL 125.1401, 125.1422, 125.1432b, 125.1444, and 125.1444d), section 1 as amended by 1984 PA 215, sections 22, 32b, and 44 as amended by 1996 PA 475, and section 44d as added by 1987 PA 86.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 383, entitled

A bill to amend 1964 PA 232, entitled "Rehabilitation act of 1964," by amending section 2 (MCL 395.82).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 384, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 1989 PA 193.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 385, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 504, 514, 605, 701, 1296, 1311, 1321, 1701, 1701a, 1711, 1723, 1724, 1751, 1756, 1757, and 1761 (MCL 380.4, 380.5, 380.6, 380.504, 380.514, 380.605, 380.701, 380.1296, 380.1311, 380.1321, 380.1701, 380.1701a, 380.1711, 380.1723, 380.1724, 380.1751, 380.1756, 380.1757, and 380.1761), section 5 as amended by 1995 PA 289, sections 504 and 1701a as amended and section 514 as added by 1994 PA 416, section 605 as amended by 1985 PA 86, section 1311 as amended by 1995 PA 250, section 1321 as amended by 1990 PA 163, and section 1724 as amended by 1994 PA 258.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 386, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 51a and 105 (MCL 388.1651a and 388.1705), as added by 1996 PA 300.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 387, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 509b, 40102, 40103, 40107, 70103, 81101, 81123, 81127, and 81133 (MCL 324.509b, 324.40102, 324.40103, 324.40107, 324.70103, 324.81101, 324.81123, 324.81127, and 324.81133), sections 40102, 40103, and 40107 as added by 1995 PA 57 and sections 70103, 81101, 81123, 81127, and 81133 as added by 1995 PA 58.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 388, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 389, entitled

A bill to amend 1986 PA 54, entitled "Building officials and inspection registration," by amending section 3 (MCL 338.2303).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 390, entitled

A bill to amend 1978 PA 260, entitled "An act to revise and codify the laws relating to blind persons and visually handicapped; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal certain acts and parts of acts," by amending the title and sections 4 and 6 (MCL 393.354 and 393.356).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 391, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 6 (MCL 409.306), as amended by 1985 PA 30.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 392, entitled

A bill to amend 1978 PA 454, entitled "Truth in renting act," by amending section 3 (MCL 554.633), as amended by 1991 PA 131.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 393, entitled

A bill to amend 1988 PA 112, entitled "The handicapper business opportunity act," by amending the title and sections 1, 2, 3, 4, and 5 (MCL 450.791, 450.792, 450.793, 450.794, and 450.795).

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 394, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending sections 700a, 701a, 901, 905, 911, 915, 921, and 925 (MCL 418.700a, 418.701a, 418.901, 418.905, 418.911, 418.915, 418.921, and 418.925), sections 700a and 701a as added by 1993 PA 198 and sections 921 and 925 as amended by 1985 PA 103.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Government Operations reported

Senate Bill No. 395, entitled

A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," by amending section 4a (MCL 124.404a), as added by 1988 PA 481.

With the recommendation that the bill pass.

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

Yeas: Senators Bullard, Emmons, Hoffman, Miller and Hart

Nays: None

The bill was referred to the Committee of the Whole.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Committee on Financial Services reported

Senate Bill No. 413, entitled

A bill to amend 1981 PA 125, entitled "An act to define and regulate secondary mortgage loans; to prescribe powers and duties of the financial institutions bureau and certain state agencies; to provide for the establishment of a financial institutions bureau operations fund; to provide for the promulgation of rules; and to provide for civil fines and penalties," by amending the title and sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, and 30 (MCL 493.51, 493.52, 493.53, 493.54, 493.55, 493.56, 493.58, 493.59, 493.60, 493.61, 493.62, 493.63, 493.64, 493.65, 493.67, 493.68, 493.70, 493.71, 493.72, 493.73, 493.74, 493.75, 493.76, 493.77, 493.79, and 493.80), the title and sections 1, 21, 22, and 27 as amended by 1995 PA 164, section 2 as amended by 1988 PA 164, sections 4, 8, 14, and 26 as amended by 1992 PA 77, and section 30 as amended by 1984 PA 124, and by adding sections 3a, 6a, 6b, and 12a; and to repeal acts and parts of acts.

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

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

Yeas: Senators Bouchard, Bennett and Berryman

Nays: None

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

 

 

 

The Committee on Financial Services submits the following:

Meeting held on Wednesday, May 7, 1997, at 1:00 p.m., 8th Floor Conference Room, Farnum Building

Present: Senators Bouchard (C), Bennett and Berryman

Excused: Senators Gougeon and Miller

 

 

The Committee on Families, Mental Health and Human Services reported

Senate Bill No. 466, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

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.

Yeas: Senators Gougeon, Bouchard and Geake

Nays: None

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

 

 

The Committee on Families, Mental Health and Human Services reported

Senate Bill No. 467, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 10c.

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

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

Yeas: Senators Gougeon, Bouchard and Geake

Nays: None

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

 

 

The Committee on Families, Mental Health and Human Services reported

Senate Bill No. 490, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and

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.

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

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

 

 

The Committee on Families, Mental Health and Human Services reported

Senate Bill No. 491, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 6232.

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.

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

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

 

 

The Committee on Families, Mental Health and Human Services reported

Senate Bill No. 492, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending the title (MCL 722.111 to 722.128), as amended by 1994 PA 209, and by adding section 8b.

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.

Yeas: Senators Gougeon, Bouchard, Geake and Peters

Nays: None

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

 

 

 

The Committee on Families, Mental Health and Human Services submits the following:

Meeting held on Thursday, May 8, 1997, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Gougeon (C), Bouchard, Geake and Peters

Excused: Senator V. Smith

 

The Committee on Gaming and Casino Oversight submits the following:

Meeting held on Wednesday, May 7, 1997, at 2:00 p.m., 8th Floor Conference Room, Farnum Building

Present: Senators Bouchard (C), Schuette, V. Smith and Koivisto

Excused: Senator Rogers

 

 

 

The Subcommittee on Higher Education submits the following:

Meeting held on Friday, May 9, 1997, at 10:00 a.m., Marygrove College, Madame Cadillac Hall, Denk-Chapman Room, 8425 W. McNichols, Detroit, Michigan

Present: Senators Schwarz (C) and Cisky

Excused: Senator Koivisto

 

 

 

The Michigan Trial Court Assessment Commission submits the following:

Meeting held on Friday, May 9, 1997, at 10:00 a.m., 8th Floor Conference Room, Farnum Building

Present: Senators Van Regenmorter (C) and Dingell

 

 

 

Families, Mental Health and Human Services Committee - Thursday, May 15, at 1:00 p.m., Room 100, Farnum Building (3-1777).

 

Financial Services Committee - Wednesday, May 14, at 1:00 p.m., 8th Floor Conference Room, Farnum Building (3-2523).

 

Gaming and Casino Oversight Committee - Monday, June 30, at 1:00 p.m., Ball Room, Meadow Brook Hall, Oakland University, Rochester (3-2523).

 

Local, Urban and State Affairs Committee - Wednesday, May 14, at 1:00 p.m., Room 100, Farnum Building (3-1635).

 

School Aid (K-12) and Department of Education Appropriations Subcommittee - Tuesday, May 20, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-3447).

 

Transportation Appropriations Subcommittee - Wednesday, May 14, at 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-2426).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:50 a.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Wednesday, May 14, at 10:00 a.m.