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.

 

 

 

 

Our Father, we stand before You this morning realizing that it is a tremendous privilege to call You our God and our Father. We are reminded in Your word that from everlasting to everlasting You are God. We stand this morning before You--accountable to You--thankful for the privilege of serving You. And we thank You for the access that we have before You through the work that Jesus Christ did on the cross.

Father, I pray for the men and women standing before me this morning, that You would bless each one personally; that each one would know Your grace in a personal way. That they would know what it means to walk with Christ. I pray, Lord, for the homes they represent. I pray for their spouses and their families; that they would be models in leading their homes in a way that pleases You and in a way that is modeled before our people in the state of Michigan.

Father, I pray for them as public servants today. They have been elected by their constituents to serve them, and Lord, more importantly, they've been elected by You and are accountable. I pray Your blessing upon their deliberations today. I pray that You would guide their thought processes and that the Holy Spirit would have its way in this chamber today.

Father, I thank You for the privilege of being a citizen of this state; of being subservient to You and to these who serve us. We pray for Your richest blessings upon this chamber, these men and women and upon our state. In the name of Jesus we pray. Amen.

 

 

 

 

 

 

 

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:02 p.m. this date, administrative rule (97-9-4) for the Department of Community Health, Legislation and Policy Development, entitled "Blood Lead Analysis Reporting," effective 15 days hereafter.

 

 

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:04 p.m. this date, administrative rule (97-9-5) for the Department of Community Health, Health Legislation and Policy Development, entitled "General Rules," effective 15 days hereafter.

The communications were referred to the Secretary for record.

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 7:

 

The Secretary announced the printing and placement in the members' files on Monday, October 6 of:

House Joint Resolution BB

The Secretary announced the printing and placement in the members' files on Tuesday, October 7 of:

 

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

The motion prevailed.

 

Senators Miller and Stallings entered the Senate Chamber.

 

 

 

 

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

The motion prevailed.

 

 

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1992 PA 103.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The question being on concurring in the committee recommendation to give the bill immediate effect,

Senator DeGrow moved that further consideration of the bill be postponed for today.

The motion prevailed.

 

 

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1993 PA 23, entitled "An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies," by amending section 904 (MCL 450.4904), as amended by 1997 PA 52.

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

 

 

 

 

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

The motion prevailed.

 

 

The following bill was read a third time:

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.

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, under his constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 717.

Senator V. Smith's statement is as follows:

I voted "no" on Senate Bill No. 717. It just slid through here as all these other tax breaks slide through here. I voted "no" because the reductions in state tax revenues will continue to haunt us in the future. I know times are very good right now and I know we are probably in the best economy Michigan has ever seen in its history. The upside has been up for quite a while, but at some point, we will see the other side of the coin. And when we do see the other side of the coin, we are going to regret the day that we continue to reduce state revenues.

I think we should surely regret the fact of reducing even further the single business tax revenues. This Legislature, on behalf of my Republican colleagues, put the change in the single business tax which they felt the business community had to have. It reduced single business tax revenues by 16%. That means that as revenues increase in income tax, and as revenues increase in every other taxing area of the state, which created some $200 million surplus, your constituents who elected you are paying more, but the business community is paying less. We continue to see the business revenue slide under the present administration. It is an outright travesty of using other tax giveaways to the business community, which has already seen most of the large 21 tax cuts that are bragged about so vividly by the other side of the aisle.

So, I only have one vote and I've cast it. I cast it in opposition of Senate Bill No. 717 and I will continue to cast votes in opposition of these continued tax giveaways to the business community that has already been able to stuff its pockets with tax revenues which my constituents pay.

 

 

The following bill was read a third time:

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38c (MCL 208.38c), as amended by 1994 PA 231.

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.

 

 

Senators Shugars, Rogers, Young, Peters, DeBeaussaert, Hart, Stallings, Steil, Bennett, Bouchard, Schuette, McManus and Stille moved that they be named co-sponsors of the following bill:

The motion prevailed.

 

 

The following bill was read a third time:

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38f.

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.

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,".

The Senate agreed to the full title of the bill.

 

 

 

 

Senator V. Smith, under his constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 705 and House Bill No. 4091 and moved that the statement he made during the discussion of Senate Bill No. 705 be printed as his reasons for voting "no."

The motion prevailed.

Senator V. Smith's statement is as follows:

I voted "no" against Senate Bill No. 705 because I am beginning to wonder where this Legislature is beginning to go on taxes. I, as much as everyone else, would like to have a good business climate, but I do think there needs to be some fairness and some equity between what businesses have to pay in order to support state government and what individuals have to pay to support state government. I do think that we continue to see an increase of taxes for the average tax paying individual, as we see continued reductions in taxes that the business community has to pay. Therefore, I am rethinking whether we should continue to support all of these tax breaks, and as for this one, it is probably a good tax break if you have to give a tax break. I still wonder why you have to pay the business community in order for them to consider to be charitable.

 

 

The following bill was read a third time:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14801, 14802, 14804, 14805, and 14808 (MCL 324.14801, 324.14802, 324.14804, 324.14805, and 324.14808), as added by 1996 PA 132.

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.

 

 

Senators Shugars, Gougeon and Young moved that they be named co-sponsors of the following bill:

The motion prevailed.

 

 

The following bill was read a third time:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

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.

 

 

Senators Young, Shugars, Rogers and Gougeon moved that they be named co-sponsors of the following bill:

The motion prevailed.

 

 

Senator DeGrow moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Binsfeld, designated Senator Gougeon as Chairperson.

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117).

The bill was placed on the order of Third Reading of Bills.

 

 

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

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 261 (MCL 206.261), as amended by 1996 PA 484.

Substitute (S-1).

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

 

 

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

A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.

Substitute (S-2).

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

 

 

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

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17401 (MCL 333.17401), as amended by 1994 PA 384.

Substitute (S-1).

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

 

 

 

 

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

Senate Resolution No. 71

The motion prevailed.

 

 

Senate Resolution No. 69.

A resolution to memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Concurrent Resolution No. 36.

A concurrent resolution to memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

Senate Concurrent Resolution No. 41.

A concurrent resolution to urge the U.S. Army Corps of Engineers to restore the original harbor of refuge at Grand Marais, Michigan.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

 

 

Senators Cisky and Rogers introduced

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8132 (MCL 600.8132).

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

 

 

Senators Geake, Young and Shugars introduced

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1821 and 2910 (MCL 600.1821 and 600.2910).

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

 

 

Senators Stallings, Miller, Vaughn, Peters, DeBeaussaert, A. Smith, Conroy, Young, Dingell, Koivisto, Byrum, Hart, Berryman, North, Schwarz, Hoffman, Cisky, Bennett, Shugars, Steil, Bullard, Rogers, Stille, Gast, Geake, Bouchard, DeGrow, Posthumus, McManus, Emmons, V. Smith, O'Brien, Cherry and Schuette introduced

A bill to designate a portion of the Davison freeway in the city of Detroit as the Father William Thomas Cunningham freeway; and to prescribe the duties of the state transportation department.

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

 

 

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353e.

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 Appropriations.

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:12 a.m.

 

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, October 9, at 10:00 a.m.