sj05049t.038

No. 38

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, May 4, 1999.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Bennett--present Hammerstrom--present Rogers--present

Bullard--present Hart--present Schuette--present

Byrum--present Hoffman--present Schwarz--present

Cherry--present Jaye--present Shugars--present

DeBeaussaert--present Johnson--present Sikkema--present

DeGrow--present Koivisto--present A. Smith--present

Dingell--present Leland--present V. Smith--present

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

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

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

Gast--present Murphy--present Vaughn--present

Goschka--present North--present Young--present

Gougeon--present Peters--present

Senator Mike Goschka of the 33rd District offered the following invocation:

Our Father, we do come before You this morning as members of the Senate and staff to do the people's business in this chamber. We thank You that You have worked in each of our lives to bring us to this place.

We pray that in Your sight that we would have humility and that we would be thankful for all that You have given us. Our Father, we know that in ourselves we do not possess truth, but Your Word possesses truth. It is truth. We pray even now that we would act in accordance with the leading of the Holy Spirit, that we would recognize Your truth and seek it, and that we would live it. Help us as we do the people's business this morning to truly walk in humility that You would be honored and glorified by all that we say and all that we do.

O Lord, we thank You for the salvation that You do give us through Jesus Christ. We ask this in His name. Amen.

Motions and Communications

Senator Young entered the Senate Chamber.

Senator V. Smith moved that Senators Miller and Murphy be temporarily excused from today's session.

The motion prevailed.

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

House Bill Nos. 4259 4403

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, April 29, for his approval the following bill:

Enrolled Senate Bill No. 102 at 4:03 p.m.

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

Senate Bill Nos. 539 540 541 542 543 544 547 548 549 550

House Bill Nos. 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580

4581 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 4592 4593 4594

4595 4596

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

Senate Bill Nos. 545 552 553 554 555 556 557 558 559 560 561

House Bill Nos. 4597 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608

Messages from the Governor

The following messages from the Governor were received:

Date: April 30, 1999

Time: 10:20 a.m.

To the President of the Senate:

SirI have this day approved and signed

Enrolled Senate Bill No. 102 (Public Act No. 20), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act," by amending section 9f (MCL 211.9f), as added by 1998 PA 328.

(Filed with the Secretary of State on April 30, 1999, at 11:14 a.m.)

Respectfully,

John Engler

Governor

The following messages from the Governor were received and read:

April 29, 1999

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

Michigan Cherry Committee

Mr. Calvin C. Lutz II, 8576 Chief Road, Kaleva, Michigan 49645, county of Manistee, as a member representing tart cherry growers from District 1, succeeding Mr. Larry J. Bradford of Kaleva, whose term has expired, for a term expiring on February 1, 2002.

Mr. William R. Pugsley, 48030 CR 673, Lawrence, Michigan 49064, county of Van Buren, as a member representing tart cherry growers from District 3, succeeding himself, for a term expiring on February 1, 2002.

Mr. Michael R. VanAgtmael, 2102 N. 144 Avenue, Hart, Michigan 49420, county of Oceana, as a member representing tart cherry growers from District 2, succeeding Mr. Frederick J. Tubbs of Hart, whose term has expired, for a term expiring on February 1, 2002.

Mr. Bernard J. Kroupa, P.O. Box 76, Old Mission, Michigan 49673, county of Grand Traverse, as a member representing sweet cherry growers from District 1, succeeding Mr. Robert Lee Underwood of Traverse City, whose term has expired, for a term expiring on February 1, 2002.

April 29, 1999

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

Construction Code Commission

Mr. J. David Lather, 2010 Arrowhead Drive, Traverse City, Michigan 49686, county of Grand Traverse, as a member representing municipal building inspectors, succeeding himself, for a term expiring on January 31, 2001.

Mr. Donald L. Pratt, 10054 Borgman, Huntington Woods, Michigan 48070, county of Oakland, as a member representing residential builders, succeeding Mr. Wilber Zylstra of Kentwood, whose term has expired, for a term expiring on January 31, 2001.

Mr. James H. Bogie, 3888 Mayfield Drive, Jackson, Michigan 49203, county of Jackson, as a member representing municipal building inspectors, succeeding Mr. Jeffrey Dixon Bowdell of Novi, whose term has expired, for a term expiring on January 31, 2001.

Mr. Steven A. East, 10392 N. 44th Street, Augusta, Michigan 49012, county of Kalamazoo, as a member representing building contractors, succeeding Mr. Michael Haller of Ann Arbor, whose term has expired, for a term expiring on January 31, 2001.

Ms. Joyce Ann Rogers, 8429 Woodland Shore Drive, Brighton, Michigan 48114, county of Livingston, as a member representing the premanufactured building industry, succeeding Mr. Bradford T. Light of Essexville, whose term has expired, for a term expiring on January 31, 2001.

Mr. Kevin P. Varner, 836 N. Fern Drive, Midland, Michigan 48640, county of Midland, as a member representing municipal building inspectors, succeeding Ms. Christine Segerlind of Portland, whose term has expired, for a term expiring on January 31, 2001.

April 29, 1999

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

Construction Safety Standards Commission

Mr. Peter J. Strazdas, 7130 Crown Point Circle, Portage, Michigan 49002, county of Kalamazoo, as a member representing public sector construction management, succeeding himself, for a term expiring on March 18, 2002.

Mr. Thomas Joseph Hansen, 4128 Old Pine Trail, Midland, Michigan 48642, county of Midland, as a member representing construction management, succeeding himself, for a term expiring on March 18, 2002.

Mr. Daniel J. Corbat, 1513 Bookness Street, Midland, Michigan 48640, county of Midland, as a member representing construction employees, succeeding himself, for a term expiring on March 18, 2002.

Mr. Andrew R. Lang, 4270 Francis Shores, Midland, Michigan 48657, county of Midland, as a member representing construction employees, succeeding himself, for a term expiring on March 18, 2002.

April 29, 1999

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

State Community Corrections Commission

Sheriff Thomas N. Edmonds, 3512 Tamsin Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, as a member representing county sheriffs, succeeding himself, for a term expiring on March 29, 2003.

Mr. Larry C. Inman, 8971 Crockett Road, Williamsburg, Michigan 49690, county of Grand Traverse, as a member representing the general public, succeeding himself, for a term expiring on March 29, 2003.

Mr. Kenneth L. McGinnis, 6060 Carriage Hill East Apt. 21, East Lansing, Michigan 48823, county of Ingham, as a member representing the general public, succeeding the Honorable Kurtis T. Wilder of Ann Arbor, whose term has expired, for a term expiring on March 29, 2002.

Mr. James J. Quinlan, Rt. 2, Box 121, Chassell, Michigan 49916, county of Houghton, as a member representing county commissioners, succeeding himself, for a term expiring on March 29, 2003.

Mr. William J. Martin, Department of Corrections, P.O. Box 30003, Lansing, Michigan 48909, county of Ingham, as a member representing the Department of Corrections, succeeding Mr. Kenneth L. McGinnis of East Lansing, whose term has expired, for a term expiring on March 29, 2001.

The Honorable Nanci J. Grant, 2959 Woodland Ridge, West Bloomfield, Michigan 48323, county of Oakland, as a member representing circuit court judges, succeeding the Honorable Jeffrey G. Collins of Detroit, who has resigned, for a term expiring on March 29, 2001.

April 29, 1999

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

Ferris State University Board of Trustees

Mr. Bruce N. Parsons, 7645 Greenbrier, Rockford, Michigan 49341, county of Kent, as a member representing the general public, succeeding Ms. Carolyn J. Cassin of Grosse Pointe Farms, who has resigned, for a term expiring on December 31, 2000.

Dr. Gregory L. Patera, 183 Sunset Beach, Lake Odessa, Michigan 48849, county of Ionia, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2006.

Ms. Olgalina G. Dazzo, 5791 Westminster, East Lansing, Michigan 48823, county of Ingham, as a member representing the general public, succeeding Mr. Bruce N. Parsons of Rockford, whose term has expired, for a term expiring on December 31, 2006.

April 29, 1999

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

Lake Superior State University Board of Trustees

Dr. Gary L. Wolfram, 3 Corona Circle, Hillsdale, Michigan 49242, county of Hillsdale, as a member representing the general public, succeeding Ms. Sigrun Kuefner of Bloomfield Hills, who has resigned, for a term expiring on January 27, 2000.

April 29, 1999

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

Mackinac Island State Park Commission

Mr. Richard Manoogian, 15520 Windmill Pointe, Grosse Pointe Farms, Michigan 48236, county of Wayne, as a member representing Independents, succeeding Mr. Richard P. Kughn of Dearborn, whose term has expired, for a term expiring on April 12, 2005.

Ms. Joan Porteous, 7691 Crestwood Drive, Reed City, Michigan 49677, county of Osceola, as a member representing Republicans, succeeding Mr. Charles W. Yob of East Jordan, whose term has expired, for a term expiring on April 12, 2005.

April 29, 1999

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

Worker's Compensation Appellate Commission

Ms. Marie Elena Martell, 1718 Greencrest, East Lansing, Michigan 48823, county of Ingham, as a member representing the general public, succeeding Mr. Marten N. Garn of Charlotte, who has resigned, for a term expiring on October 1, 1999.

Mr. Gregory A. Przybylo, 4281 Farm Meadows Court, Okemos, Michigan 48864, county of Ingham, as a member representing the general public, succeeding Col. Donald G. Miller of Mt. Clemens, who has resigned, for a term expiring on October 1, 2001.

April 29, 1999

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

Chair of the Worker's Compensation Appellate Commission

Mr. Jurgen O. Skoppek, 1217 Brook Trail, Lansing, Michigan 48917, county of Ingham, succeeding Col. Donald G. Miller of Mt. Clemens, as Chair, who has resigned, for a term expiring at the pleasure of the Governor.

May 3, 1999

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

Michigan Veterans' Facilities Board of Managers

Mr. Dale J. Brubaker, 30945 Dorais, Livonia, Michigan 48154, county of Wayne, as a member representing Veterans of Foreign Wars, succeeding himself, for a term expiring on February 28, 2005.

Sincerely,

John Engler

Governor

The appointments were referred to Committee on Government Operations.

The following message from the Governor was received and read:

May 3, 1999

Please be advised of the following correction to the letter dated April 29, 1999, for the Construction Code Commission. Mr. James H. Bogie of Jackson is no longer a member of this Commission. The list should read as follows:

Construction Code Commission

Sincerely,

John Engler

Governor

The message was referred to Committee on Government Operations.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senators Miller and Cherry entered the Senate Chamber.

Senator Rogers moved that the following bill be removed from the table:

Senate Bill No. 422, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 304 and 306 (MCL 750.304 and 750.306).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Rogers moved that consideration of the following joint resolution and bills be postponed for today:

Senate Joint Resolution G

Senate Bill No. 287

Senate Bill No. 390

Senate Bill No. 300

House Bill No. 4345

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 404, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, and sections 20920, 20921, and 20965 as amended by 1997 PA 78.

The question being on the passage of the bill,

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

Roll Call No. 155 Yeas--37

Bennett Gast Leland Shugars

Bullard Goschka McCotter Sikkema

Byrum Gougeon McManus Smith, A.

Cherry Hammerstrom Miller Smith, V.

DeBeaussaert Hart North Steil

DeGrow Hoffman Peters Stille

Dingell Jaye Rogers Van Regenmorter

Dunaskiss Johnson Schuette Vaughn

Emerson Koivisto Schwarz Young

Emmons

Nays--0

Excused--1

Murphy

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 530, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12562 (MCL 333.12562), as amended by 1996 PA 67.

The question being on the passage of the bill,

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

Roll Call No. 156 Yeas--37

Emmons

Nays--0

Excused--1

Murphy

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 103, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 183 and 188 (MCL 750.183 and 750.188).

The question being on the passage of the bill,

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

Roll Call No. 157 Yeas--36

Bennett Emmons Koivisto Schwarz

Bullard Gast Leland Shugars

Byrum Goschka McCotter Sikkema

Cherry Gougeon McManus Smith, V.

DeBeaussaert Hammerstrom Miller Steil

DeGrow Hart North Stille

Dingell Hoffman Peters Van Regenmorter

Dunaskiss Jaye Rogers Vaughn

Emerson Johnson Schuette Young

Nays--1

Smith, A.

Excused--1

Murphy

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator A. Smith, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 103.

Senator A. Smith's statement is as follows:

I voted "no" on Senate Bill No. 103 because I have a great concern in further increasing mandatory minimum sentences and increasing the length of time that people are imprisoned. I think we have other options available to us. I think that the addition of mandatory sentences from a possible three years to ten years adds $154,000 per incarceration. I think it's time for us to get smart on crime and not necessarily tougher.

The following bill was read a third time:

Senate Bill No. 430, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.

The question being on the passage of the bill,

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

Roll Call No. 158 Yeas--37

Emmons

Nays--0

Excused--1

Murphy

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Murphy entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 551, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16j and 18 of chapter XVII (MCL 777.16j and 777.18), as added by 1998 PA 317.

The question being on the passage of the bill,

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

Roll Call No. 159 Yeas--37

Bennett Gast Leland Schwarz

Bullard Goschka McCotter Shugars

Byrum Gougeon McManus Sikkema

Cherry Hammerstrom Miller Smith, V.

DeBeaussaert Hart Murphy Steil

DeGrow Hoffman North Stille

Dingell Jaye Peters Van Regenmorter

Dunaskiss Johnson Rogers Vaughn

Emerson Koivisto Schuette Young

Emmons

Nays--1

Smith, A.

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

General Orders

Senator Rogers 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 Posthumus, designated Senator Schwarz as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Posthumus, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 537, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 22229 (MCL 333.22229), as amended by 1993 PA 88.

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:

Senate Bill No. 198, entitled

A bill to prohibit governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion.

Substitute (S-1).

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

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

Senate Bill No. 484, entitled

A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts of certain cities; to permit the creation of certain boards; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," by amending the title and sections 1, 2, 3, 4, and 5 (MCL 125.981, 125.982, 125.983, 125.984, and 125.985), as amended by 1992 PA 146.

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.

Resolutions

Senate Concurrent Resolution No. 12.

A concurrent resolution to express support for efforts to increase public awareness of the severe health risks related to obesity and to encourage people to make responsible lifestyle changes.

The question being on the adoption of the following committee amendments:

1. Amend the title, line 3, after "changes" by inserting a comma and "and commemorate July 1999 as Obesity Awareness Month".

2. Amend the first Resolving clause, line 4, after "changes" by inserting "and designate July 1999 as Obesity Awareness Month".

The amendments were adopted.

The concurrent resolution, as amended, was adopted.

House Concurrent Resolution No. 26.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to affirm the regulation of insurance matters by the states.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

House Concurrent Resolution No. 14.

A concurrent resolution to memorialize the Congress and the President of the United States to enact legislation that preserves the health and stability of the Social Security system and Medicare and to urge that Congress use the federal budget surplus for this purpose, with any remaining funds to be used for tax cuts.

Whereas, For more than sixty years, Social Security has provided a safety net for American workers. Evolving over the years and reflecting changes in our population and expectations, Social Security is a defining component of our society. It affects every household in the country; and

Whereas, In the well-publicized discussion of how to fix the financial framework of the system to safeguard its solvency in perpetuity, many suggestions have been made. The reactions to some of the ideas put forth makes it clear that it is too easy for talks to deteriorate to political gamesmanship rather than honest, fact-based exchanges of proposals. It is important for all Americans that talks on Social Security and Medicare not be sidetracked to other matters. Social Security and Medicare are far too important to our common future to have the true goals obscured; and

Whereas, History shows that there is no limit to what can be accomplished when people work together honestly and cohesively to solve problems. The solvency of Social Security and Medicare is an issue that demands the focused attention of our nation and our elected officials; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress and the President of the United States to enact legislation that preserves the health and stability of the Social Security system including the Social Security Trust Fund and Medicare; and be it further

Resolved, That we memorialize Congress to consider using the federal budget surplus to fund Social Security and Medicare, with any remaining funds going for tax cuts; and be it further

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

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

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

House Concurrent Resolution No. 20.

A concurrent resolution to change the scope of the Department of Agriculture--Geagly Laboratory project.

Whereas, The Department of Agriculture--Geagly Laboratory project was authorized with a total cost of $10,000,000 in 1996 PA 480; and

Whereas, The Department of Agriculture has estimated that the cost to complete the total project for the Geagly Laboratory has increased to $12,000,000; and

Whereas, The State Building Authority share of the project will be increased from $9,900,000 to $11,900,000; and

Whereas, Pursuant to section 246 of 1984 PA 431, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and constructions; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Department of Agriculture--Geagly Laboratory project to an amount not to exceed $12,000,000 (State Building Authority share $11,900,000 and State General Fund/General Purpose share $100,000) and that the Legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That a copy of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the Department of Agriculture.

The House of Representatives has adopted the concurrent resolution.

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

Senator Rogers 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 Rogers moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senators Stille and Schwarz were named co-sponsors of the concurrent resolution.

House Concurrent Resolution No. 31.

A concurrent resolution to change the scope of the Remodeling and Upgrade of the College of Engineering and Applied Sciences Buildings/Construction of new Student Services Building project at Western Michigan University.

Whereas, The Western Michigan University Remodeling and Upgrade of the College of Engineering and Applied Sciences Buildings/Construction of new Student Services Building project was authorized with a total cost of $50,000,000 in 1996 PA 480 and Senate Concurrent Resolution No. 62 of 1998; and

Whereas, Western Michigan University has requested that the project scope be modified to delete reference to the Remodeling and Upgrade of the College of Engineering and Applied Science Buildings/Construction of a new Student Services Building, and subsequently reflect construction of a new building for the College of Engineering and Applied Sciences; and

Whereas, Western Michigan University has agreed that the modified scope will be funded within the authorized project cost of $50,000,000, with the state commitment remaining at $37,500,000 and the State Building Authority share remaining at $37,499,900; and

Whereas, Pursuant to Section 246 of 1984 PA 431, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to modify the project scope for the Western Michigan University Remodeling and Upgrade of the College of Engineering and Applied Science Buildings/Construction of a new Student Services Building project to reflect the Western Michigan University new Building for the College of Engineering and Applied Sciences to complete plans and construction (total authorized cost $50,000,000; State Building Authority share $37,499,900; Western Michigan University share $12,500,000; and the state general fund/general purpose share $100); and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That a copy of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Western Michigan University.

The House of Representatives has adopted the concurrent resolution.

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

Senator Rogers 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 Rogers moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senators Schwarz and Young were named co-sponsors of the concurrent resolution.

House Concurrent Resolution No. 34.

A concurrent resolution to urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible.

Whereas, For many years, scientists and researchers in many fields have searched for clean, reliable, and renewable sources of energy. In spite of the recent abundance of traditional fossil fuels, finding and developing effective alternative fuels is vital to our nation's long-term best interests; and

Whereas, Bio-based oils and fuels are derived from oils and fats of plants and offer many advantages over fossil fuels we have used for vehicles, electric production, and small engine operation. Fuels derived from agricultural products are clean and renewable. These fuels burn without contributing carbon dioxide or sulfur to the atmosphere. Few modifications of any kind are needed to existing engines to use bio-based materials; and

Whereas, The costs of bio-based oils and fuels will likely drop dramatically when use increases. Currently, there are a variety of pilot or demonstration projects underway in certain communities across the country. The possible economic benefits of using this kind of fuel are enormous, particularly in replacing the purchase of foreign oil with greater utilization of the bounty of American farms; and

Whereas, Michigan has the opportunity to take a leadership role in embracing a change that may prove as significant as any technology in recent memory. Encouraging state departments to use bio-based oils and fuels is a good place to start; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible; and be it further

Resolved, That copies of this resolution be transmitted to the executive departments of state government.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Dunaskiss, Young, Johnson, Dingell, Cherry, Peters, Murphy, A. Smith, DeBeaussaert, Emmons, North and Leland offered the following resolution:

Senate Resolution No. 53.

A resolution to urge the Federal Communications Commission to adopt rules to provide for new low-power FM radio stations.

Whereas, The Federal Communications Commission (FCC) discontinued the licensing of low-power radio stations (those using under 100 watts of power) twenty years ago. This decision was based on concerns that low-power stations were a hindrance to the orderly development of FM radio and a potential impediment to the efficient operation of facilities serving greater numbers of people; and

Whereas, As a result of the discontinuance of low-power radio stations and technology changes, a new station meeting the FCC requirements for size represents an enormous capital investment; and

Whereas, The FCC, in response to concerns from across the country, has issued proposed rules to permit the licensing of new low-power radio stations. With the goal of reviving community-based opportunities in radio, the FCC is now seeking public comment on the proposed rules. In light of the role that local communications through radio can have in both urban areas and smaller towns, Michigan's voice should be heard in the discussions taking place; now, therefore, be it

Resolved by the Senate, That we urge the Federal Communications Commission to adopt rules to provide for new low-power radio stations that would not sacrifice the integrity of the current interference protection standards, nor prevent FM stations from providing vital news, weather, and traffic information; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Communications Commission.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Byrum's statement is as follows:

The week of May 2 through May 8 is recognized as Corrections Officers Week in the Great Lakes state.

We join with the Service Employees International Union, the AFL-CIO and the International Association of Corrections Officers in paying special tribute to the working men and women who risk their personal safety to protect Michigan citizens. Michigan corrections officers are skilled and dedicated professionals who serve on the front lines of the criminal justice system protecting the public, counseling prisoners, resolving inmate conflicts and reporting on conditions to local prison officials. Not only must these officers possess the intelligence and instinct to identify and resolve conflicts, but also be physically able to restrain dangerous inmates from committing violent acts that endanger staff and other prisoners. Without their hard work and sacrifice, our state could not operate the prisons, correctional camps, halfway houses and county facilities so vital to public safety in Michigan.

We recognize the special efforts of the thousands of men and women who so faithfully service us all, often with very little recognition. Michigan Corrections Officers Week serves to commemorate and honor those who have died in the line of duty and to recognize the achievements of the brave men and women who risk their personal safety 24 hours a day, 365 days a year to make Michigan safer.

Senator Shugars' statement is as follows:

I'd like to read a couple of items that were in the paper on May 2. The first one is regarding Aaron DeGrow. Aaron DeGrow is the son of Kathy and Mike DeGrow of Eaton Rapids, and he is one of the outstanding young people who is graduating. He graduated as Valedictorian, a member of the National Honor Society, the Capitol Circuit Math Competition, received the Capitol Circuit Academic All League Award for soccer, track, basketball and Boy Scouts, and he plans to study electrical engineering at Michigan Technological University. I would like to congratulate Kathy and Mike DeGrow for doing an outstanding job for pushing Aaron.

Also, from our chamber we have the son of Marian and Marc Speiser, and all know Marc. They have a son, Dan Speiser, who was a National Merit semi-finalist, swimming captain and then among the "Who's Who" in the United States. He plans on going to Carleton College in Minnesota.

Both of these gentlemen were in the top ten in their respective schools. I think we should give applause for them and also for the parents, who are in this chamber.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Rogers, Goschka, Dunaskiss, Gast, Steil, Shugars, Hammerstrom, Bennett, Johnson, Sikkema, Bullard, Stille, Gougeon, McManus, North, McCotter, Schwarz, Van Regenmorter, Jaye, Miller, Schuette and DeGrow introduced

Senate Bill No. 562, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 145d.

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

Senators Schwarz, Hoffman, Bullard, McManus, Goschka, Rogers, Johnson, Vaughn and Peters introduced

Senate Bill No. 563, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

Senators Schwarz and Sikkema introduced

Senate Bill No. 564, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1998 PA 223.

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

Senators Schwarz and Sikkema introduced

Senate Bill No. 565, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

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

Senator Hammerstrom introduced

Senate Bill No. 566, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 2, 3, 4, 5, 7, 9, and 10 (MCL 28.722, 28.723, 28.724, 28.725, 28.727, 28.729, and 28.730), section 3 as amended by 1995 PA 10 and sections 7 and 10 as amended by 1996 PA 494, and by adding section 5a.