sj12019t.082

No. 82

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Wednesday, December 1, 1999.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz.

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--excused 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--excused Miller--present Van Regenmorter--present

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

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

Gougeon--present Peters--present

Senator Gary Peters of the 14th District offered the following invocation:

O God, You made us in Your own image and redeemed us through Jesus, Your Son. Look with compassion on the whole human family. Take away the arrogance and hatred which infects our hearts. Break down the walls that separate us; unite us in bonds of love. Help us to work through our struggles and confusion to accomplish Your purposes on earth that in Your good time all nations and races may serve You in harmony around Your heavenly throne. Through Jesus Christ, our Lord. Amen.

Senator Shugars entered the Senate Chamber.

Motions and Communications

Senator Rogers moved that rule 2.106 be suspended to allow the Capital Outlay Joint Appropriations Subcommittee to meet during Senate session.

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

Senator Rogers moved that Senator Emmons be excused from today's session.

The motion prevailed.

Senator Emmons is chairing a meeting for the National Conference of State Legislatures in Washington, D.C.

Senator Rogers moved that Senator Hoffman be excused from today's session.

The motion prevailed.

Senator Hoffman is attending a funeral.

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

The motion prevailed.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

October 25, 1999

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:04 a.m. this date, administrative rule (99-10-20) for the Department of Environmental Quality, Land and Water Management Division, entitled "Great Lakes Bottomlands Preserve," effective 15 days hereafter.

October 25, 1999

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:05 a.m. this date, administrative rule (99-10-21) for the Department of Environmental Quality, Land and Water Management Division, entitled "Great Lakes Bottomlands Preserve," effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Northeast Michigan Consortium

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Work First Welfare to Work Plan for Program Year 1998. Total Welfare to Work Program funds planned are $321,798.00.

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765 for public review. Please address questions or comments to Terry L. Basel, Program Coordinator. In accordance with the Americans With Disabilities Act (ADA), the information contained in this public notice will be made available in alternative format (large type, audio tape, etc.) upon special request.

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 Tuesday, November 30:

House Bill Nos. 4881 5112

The Associate President pro tempore, Senator Vaughn, assumed the Chair.

Messages from the House

Senate Bill No. 663, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending section 1 (MCL 423.201), as amended by 1996 PA 543.

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

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

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

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 House of Representatives has amended the bill as follows:

1. Amend page 41, line 1, after "PASSAGE" by inserting "BY EACH FIRST-TIME APPLICANT".

2. Amend page 46, line 14, after "paramedic," by inserting "or".

3. Amend page 46, line 15, after "designee" by striking out the balance of the line through "SPONSOR" on line 17.

4. Amend page 46, line 18, after "hospital," by inserting "or".

5. Amend page 46, line 19, after "personnel," by striking out the balance of the line through "SETTING" on line 20.

6. Amend page 46, line 22, after "authority" by striking out the balance of the line through "PROGRAM" on line 23.

7. Amend page 47, following line 24, by inserting:

"(M) A CLINICAL PRECEPTOR PROVIDING DEPARTMENT-APPROVED EDUCATION PROGRAM SPONSOR SERVICES TO A STUDENT OF AN EDUCATION PROGRAM SPONSOR DURING THE PARTICIPATION OF THE STUDENT IN CLINICAL TRAINING IN AN EDUCATION PROGRAM SPONSOR-APPROVED CLINICAL SETTING. THE LIMITATION ON LIABILITY PROVIDED UNDER THIS SUBDIVISION APPLIES ONLY TO THE ACTS OR OMISSIONS OF THE STUDENT AND NOT TO THE ACTS OR OMISSIONS OF THE CLINICAL PRECEPTOR." and relettering the remaining subdivisions.

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

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

Senators Murphy, Bennett and Van Regenmorter entered the Senate Chamber.

Senate Bill No. 725, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20965 (MCL 333.20965), as amended by 1997 PA 78.

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.

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Rogers moved to reconsider the vote by which the bill was not given immediate effect.

The question being on the motion to reconsider,

Senator Rogers moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

Recess

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

The motion prevailed, the time being 10:11 a.m.

10:58 a.m.

The Senate was called to order by the President pro tempore, Senator Schwarz.

During the recess, Senators Stille, DeGrow, Koivisto, Gougeon, Johnson, McManus and Gast entered the Senate Chamber.

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

Senate Bill No. 725, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20965 (MCL 333.20965), as amended by 1997 PA 78.

(This bill was returned from the House without amendment earlier today, immediate effect defeated, and the motion to reconsider the vote postponed. See p. 1811.)

The question being on the motion to reconsider the vote by which the bill was not given immediate effect,

The motion prevailed.

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 783, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care reform act," by amending section 207 (MCL 550.1207), as amended by 1993 PA 201.

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.

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 784, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5104 (MCL 500.5104), as added by 1993 PA 200.

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.

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

The President, Lieutenant Governor Posthumus, assumed the Chair.

Senate Bill No. 454, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 508 (MCL 206.508), as amended by 1990 PA 283.

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.

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 468, entitled

A bill to amend 1968 PA 289, entitled "An act to authorize circuit court judges to grant immunity to witnesses upon application of the prosecuting attorneys; to prescribe the procedures therefor; and to prescribe penalties for refusal to testify and for giving false testimony," by amending the title and sections 1, 2, and 3 (MCL 780.701, 780.702, and 780.703) and by adding section 2a.

The House of Representatives has amended the bill as follows:

1. Amend page 2, line 27, after "testifies" by inserting "TRUTHFULLY".

2. Amend page 3, line 23, after "(3)" by inserting "TRUTHFUL".

3. Amend page 3, line 23, after "OTHER" by inserting "TRUTHFUL".

4. Amend page 3, line 25, after "THAT" by inserting "TRUTHFUL".

5. Amend page 3, line 25, after "OTHER" by inserting "TRUTHFUL".

6. Amend page 4, line 20, after "TESTIFIES" by inserting "TRUTHFULLY".

7. Amend page 5, line 7, after "(6)" by inserting "TRUTHFUL".

8. Amend page 5, line 7, after "OTHER" by inserting "TRUTHFUL".

9. Amend page 5, line 9, after "THAT" by inserting "TRUTHFUL".

10. Amend page 5, line 9, after "OTHER" by inserting "TRUTHFUL".

The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.

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

Senate Bill No. 469, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 6 and 19b of chapter VII (MCL 767.6 and 767.19b).

The House of Representatives has amended the bill as follows:

1. Amend page 2, line 11, after "(3)" by inserting "TRUTHFUL".

2. Amend page 2, line 12, after "THAT" by inserting "TRUTHFUL".

3. Amend page 3, line 19, after "(2)" by inserting "TRUTHFUL".

4. Amend page 3, line 21, after "THAT" by inserting "TRUTHFUL".

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

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

Senate Bill No. 470, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 125, 157, 446, 453, and 461 (MCL 750.125, 750.157, 750.446, 750.453, and 750.461); and to repeal acts and parts of acts.

The House of Representatives has amended the bill as follows:

1. Amend page 3, line 15, after "forfeiture." by inserting "TRUTHFUL".

2. Amend page 3, line 16, after "OTHER" by inserting "TRUTHFUL".

3. Amend page 3, line 17, after "THAT" by inserting "TRUTHFUL".

4. Amend page 3, line 18, after "OTHER" by inserting "TRUTHFUL".

5. Amend page 5, line 3, after "PERSON." by inserting "TRUTHFUL".

6. Amend page 5, line 4, after "OTHER" by inserting "TRUTHFUL".

7. Amend page 5, line 5, after "THAT" by inserting "TRUTHFUL".

8. Amend page 5, line 6, after "OTHER" by inserting "TRUTHFUL".

9. Amend page 5, line 25, after "PERSON." by inserting "TRUTHFUL".

10. Amend page 5, line 26, after "OTHER" by inserting "TRUTHFUL".

11. Amend page 5, line 27, after "THAT" by inserting "TRUTHFUL".

12. Amend page 6, line 1, after "OTHER" by inserting "TRUTHFUL".

13. Amend page 6, line 20, after "PERSON." by inserting "TRUTHFUL".

14. Amend page 6, line 21, after "OTHER" by inserting "TRUTHFUL".

15. Amend page 6, line 22, after "THAT" by inserting "TRUTHFUL".

16. Amend page 6, line 23, after "OTHER" by inserting "TRUTHFUL".

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

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 888

Senate Bill No. 889

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

By unanimous consent the Senate proceeded to the order of

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 Young as Chairperson.

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

House Bill No. 5040, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811n.

House Bill No. 5041, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811k.

House Bill No. 5042, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811i.

Senate Bill No. 866, entitled

A bill to amend 1955 PA 233, entitled "An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies," by amending section 4b (MCL 124.284b), as added by 1985 PA 178.

The bills were 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. 732, entitled

A bill to amend 1998 PA 116, entitled "Personal watercraft safety act," by amending section 31 (MCL 281.1431).

Substitute (S-3).

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. 737, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 217d (MCL 257.217d), as added by 1980 PA 124.

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 amendments, the following bill:

Senate Bill No. 802, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 32 (MCL 388.1632), as added by 1999 PA 119.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 1, line 9, after "and" by striking out "at least 8% of".

2. Amend page 1, line 9, after "the" by inserting "NUMBER OF".

3. Amend page 1, line 9, after "pupils" by striking out "IN MEMBERSHIP".

4. Amend page 1, line 10, after "1998-99" by striking out "must" and inserting "THAT".

5. Amend page 2, line 3, after "91-230" by inserting a comma and "MUST EQUAL OR EXCEED 8% OF THE DISTRICT'S MEMBERSHIP".

6. Amend page 2, line 24, after "instruction" by striking out "not later than December 1, 1999".

7. Amend page 2, line 27, by striking out "not later than October 15, 1999".

8. Amend page 3, line 5, by striking out "not later than February 1, 2000".

The Senate agreed to the amendments recommended by the Committee of the Whole and the bill as amended 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. 588, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

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:

Senate Bill No. 120, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.

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. 885, entitled

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

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. 705, entitled

A bill to provide regulations and prohibitions concerning wolf-dog crosses; to require the licensing of wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials; to provide standards for the care of wolf-dog crosses; and to prescribe penalties and provide remedies.

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:

Senate Bill No. 782, entitled

A bill to regulate the ownership, possession, and care of certain exotic animals; to prohibit the ownership and possession of certain exotic animals; to impose fees; to prescribe the powers and duties of certain governmental entities and officials; and to prescribe penalties and provide remedies.

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 amendment, the following bill:

Senate Bill No. 135, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," by amending section 14 (MCL 205.314), as amended by 1994 PA 307.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, line 8, after "1," by striking out "1999" and inserting "2000".

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

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

Senate Bill No. 136, entitled

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 1, following line 6, by inserting:

"Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 135 of the 90th Legislature is enacted into law.".

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

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

Senate Bill No. 137, entitled

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 1, following line 6, by inserting:

"Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 135 of the 90th Legislature is enacted into law.".

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

Resolutions

Senate Concurrent Resolution No. 8.

A concurrent resolution to memorialize the Congress of the United States to assure that quality and access to health care for veterans are maintained.

Substitute (H-1).

The question being on concurring in the substitute made to the concurrent resolution by the House,

The substitute was concurred in.

The concurrent resolution was referred to the Secretary for record.

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

Senate Resolution No. 102.

A resolution to urge the United States Environmental Protection Agency to make its regulatory decisions under the Food Quality Protection Act on the basis of sound science and to approve the use of certain products.

The question being on the adoption of the resolution,

The resolution was adopted.

Senate Concurrent Resolution No. 28.

A concurrent resolution to urge the United States Environmental Protection Agency to make its regulatory decisions under the Food Quality Protection Act on the basis of sound science and to approve the use of certain products.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

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

Senate Resolution No. 106

Senate Resolution No. 107

Senate Resolution No. 108

Senate Resolution No. 109

The resolution consent calendar was adopted.

Senators Hart, Vaughn, Emerson, Dingell, A. Smith, Young, V. Smith, Koivisto, Leland, Byrum, Peters and Murphy offered the following resolution:

Senate Resolution No. 106.

A resolution honoring Maurice J. Hart on the occasion of his retirement.

Whereas, After a lifetime of commitment to the law, justice, and clients, Maurice J. Hart is bringing his current career to a close but is promising to enjoy life with his family, friends, and hobbies; and

Whereas, Maurice J. Hart was born in 1935 in Detroit, Michigan, lived on the West Side of Detroit, and at the age of eight, moved to Wayne, Michigan (now called Romulus), with parents, Lester W. and Marie J. Hart, older sister Arlene, and grandmother Gussie Jeter; and

Whereas, Maurice attended elementary school in Romulus, Michigan, Alcolyte St. Clement Episcopal Church--family church--and Romulus junior and senior high schools. He worked as the manager of grocery stores during his high school years, for Wayne County Road Commission during the summer of 1953, and as playground supervisor for Romulus Parks and Recreation Department, 1954-1958. He was a member of the high school track team, graduated from Romulus High School in 1954, and entered Eastern Michigan University (EMU) in June 1954; and

Whereas, Mr. Hart became a member of Kappa Alpha Psi Fraternity, received a bachelor's degree in June 1958, and entered the U.S. armed forces in September 1958. As a paratrooper, he served in the 82nd Airborne Division, Ft. Bragg, N.C., was honorably discharged in April 1962, and entered graduate school at EMU; and

Whereas, Maurice Hart began teaching at Westwood Community Schools-Dearborn Heights, Michigan, in September 1963, taught sixth grade for six years, and worked summers as playground director for Inkster and Romulus Parks and Recreation, 1963-1969. He received a Master of Education Administration degree from EMU in June 1964; and

Whereas, Maurice married his EMU sweetheart, Eleanor Harris, on August 15, 1965, and moved from Romulus to Inkster with his new bride. This union produced three children: Cheryl Renee, David Maurice, and Jason William; and

Whereas, Mr. Hart became employed with the Michigan Education Association (MEA) in 1969 and worked as field rep, political action consultant, contract negotiator, and teacher advocate. Maurice moved with his family to Westland in 1971. He served as senior warden of St. Clement Episcopal Church for four years; a member of the Compensation Commission, city of Westland, for eight years; a member of the Civil Service Commission, city of Westland, for eight years; a volunteer worker for the Soup Kitchen, city of Detroit, for eight years; and taught Sunday school for six years; and

Whereas, Maurice has enjoyed driving to Maryland several times each year to visit his in-laws, Mr. and Mrs. Theodore Harris. His first grandchild was born on November 23, 1999--Brandon William Hart; and

Whereas, Mr. Hart has been the recipient of many awards, including composition, design, and responsibility for publishing Multi Association Bargaining Organization and local association newsletters and special fliers. He also developed a crisis communications network and interaction activities for teachers and support personnel members; and

Whereas, Ability, commitment, and integrity have been reflected in all of Maurice's endeavors throughout the years. He has made many sacrifices on behalf of the community, willingly and unselfishly. He has attended years of meetings and spent much time working cooperatively with government officials. Maurice has served as chief negotiator for teachers and support personnel and as representative in impasse resolution situations, including mediation and fact-finding. He has assisted and served as consultant for other staff, bargaining Educational Support Personnel contracts, and developed bargaining packages and training crisis programs; and

Whereas, Mr. Hart has represented grievants at all levels of the grievance process, including arbitration. He has designed and presented grievance training programs, represented teachers in tenure and related employment problems, participated in unfair labor practice hearings, and consulted and worked with members on retirement and worker's compensation matters. Maurice has provided leadership development programs, for association/representatives, grievance chairs, and PAC representatives, and coordinated and consulted with association committees; and

Whereas, Maurice J. Hart will retire with the MEA on December 31, 1999; now, therefore, be it

Resolved by the Senate, That this resolution is dedicated to honor and thank Maurice J. Hart for his exceptional efforts on behalf of the people. We offer our best wishes and thanks to his entire family on this happy occasion; and be it further

Resolved, That copies of this resolution be transmitted to Maurice J. Hart, his family, and friends at the Michigan Education Association as appreciation for his many years of dedication and service.

Senator Goschka was named co-sponsor of the resolution.

Senators Goschka, Dunaskiss, North, Gougeon, Stille, Jaye, Steil, Van Regenmorter, Bullard, McManus, Johnson, Sikkema, Bennett, Emmons, Gast, Schwarz, McCotter, Hammerstrom, Shugars, Hoffman and Rogers offered the following resolution:

Senate Resolution No. 107.

A resolution honoring E. Malcolm Field, M.D., upon the occasion of being honored as the recipient of the Spirit of St. Vincent DePaul Award.

Thy love shall chant its own beatitudes,

After its own like working. A child's kiss

Set on thy singing lips shall make thee glad;

A poor man served by thee shall make thee rich;

A sick man helped by thee shall make thee strong;

Thou shalt be served thyself by every sense

Of service which thou renderest.

--Reward of Service

Elizabeth Barrett Browning

Whereas, As a practicing physician in Saginaw since 1962, Dr. E. Malcolm Field has dedicated himself to all citizens of Michigan, bringing his knowledge and expertise of neurosurgery to those in need of his skills; and

Whereas, His compassion and dedication to excellence in patient care is known to his patients and staff at Saint Mary's Hospital. This caring, soft-spoken gentleman is respected throughout Michigan, as well as being nationally renowned. Always known to go the extra mile for his patients, Dr. Field is a pioneer in neuroscience and is committed to serving as a mentor to new physicians, taking his valuable time to listen and teach; and

Whereas, His vision and legacy for the future in the field of neuroscience is evident in his founding of the Field Neurological Institute. The Institute is dedicated to excellence in neurology for the citizens of our great state, in particular, serving people in mid-Michigan so they may remain close to the family during their time of need; and

Whereas, Dr. Field was brought up on a dairy farm in Brighton, Michigan. He credits his faith, hope, and direction in life to his parents, who instilled in him his compassion and a tireless work ethic which continues today. He has been married to his wife Lois for over 25 years, and together they enjoy their precious leisure time with their beloved pets in Michigan's Upper Peninsula; now, therefore, be it

Resolved by the Senate, That the members of this legislative body and the people of the state of Michigan honor and recognize E. Malcolm Field, M.D., as he receives the Spirit of St. Vincent DePaul Award; and be it further

Resolved, That copies of this resolution be transmitted to Dr. Field as an expression of our highest esteem.

Senator Young was named co-sponsor of the resolution.

Senators Young, Schwarz, Vaughn, V. Smith, Murphy, A. Smith, Miller, Peters, Cherry, Hart, Leland, North, Gougeon, Gast, Byrum and Emerson offered the following resolution:

Senate Resolution No. 108.

A resolution honoring Norman "Turkey" Stearnes and urging his entry into the Baseball Hall of Fame.

Whereas, It is with great respect and admiration for his successful career in the Negro Leagues that we honor Norman "Turkey" Stearnes. After 20 years in the game of baseball, Mr. Stearnes stands as an outstanding role model for all athletes of any league and any sport. We thank him for his outstanding career and remarkable achievements; and

Whereas, Baseball's great common denominator resides in the statistics that surround and define one's achievements. Mr. Stearnes' lifetime batting average of .364, career slugging percentage of .654, batting average of .474 in playoff games, coupled with his record of leading the league in doubles twice, triples three times, and home runs seven times renders more than ample documentation for entry into the Baseball Hall of Fame; and

Whereas, Mr. Stearnes garnered more votes--59,904--than any other player when fans selected participants for the first Negro Leagues All Star Game in 1933. Had Mr. Stearnes put up those incredible numbers in the major leagues rather than the old Negro Leagues, his bust would surely rest comfortably among those of the 244 current members who currently form the roster of baseball's most prestigious club; and

Whereas, In his 20 years in professional baseball, Mr. Stearnes not only compiled Hall of Fame statistics, but also demonstrated a rare love for America's pastime, earning the name "Turkey" from the way he flapped his arms while he ran the bases; and

Whereas, Such greats of the game as James "Cool Papa" Bell said, "If they don't put Turkey in, they shouldn't put anybody in"; and Leroy "Satchel" Paige who said, "Turkey was one of the greatest hitters we ever had. He was as good as Josh Gibson. He was as good as anybody who ever played baseball" readily offered accolades to Turkey Stearnes; and

Whereas, Mr. Stearnes refused to bear false witness. When asked on a questionnaire from Cooperstown, "What do you consider your outstanding achievement in baseball?" he responded simply and directly, "Hitting, fielding, running, and throwing"; and

Whereas, After spending 9 of his 20 years in baseball with the Detroit Stars, Mr. Stearnes retired from the game in 1946 and chose to call Detroit his permanent home with his wife, Nettie Mae McArthur, and their children, Rosilyn and Joyce. His children and grandchildren became his greatest joys in life; and

Whereas, After his retirement from baseball, Mr. Stearnes, while working in the foundry at the Ford Rouge Plant, rarely missed a Detroit Tiger game, preferring to sit in the bleachers "with those who knew and loved the game"; now, therefore, be it

Resolved by the Senate, That we, representing all the citizens of the great state of Michigan, honor Norman "Turkey" Stearnes and go on record urging the Veterans Committee of the Baseball Hall of Fame to cast their vote in favor of his entry into the Hall; and be it further

Resolved, That a copy of this resolution be transmitted to the daughters of Norman "Turkey" Stearnes, Rosilyn and Joyce, and to each member of the Veterans Committee of the Baseball Hall of Fame.

Senator V. Smith offered the following resolution:

Senate Resolution No. 109.

A resolution offered as a memorial for Robert Little.

Whereas, We were saddened to learn of the passing of Robert Little of Lansing, Michigan. During his 30-year career working on behalf of families and children as a dedicated social worker, this tenacious professional served the people of our state with exemplary skill and enthusiasm for public service. We offer our sympathies to his family and friends and wish them to know of the widespread respect and affection held for Mr. Little in the hearts of the many lives that he touched; and

Whereas, Robert Little, was born the youngest of nine children and was inspired by his upbringing to strive for excellence in his life and career. Sent to a foster home at the age of five months, Robert Little was loved and encouraged by a supportive foster family. Robert was so affected by the rearing of his foster family that he decided to dedicate his work to helping those who were not as fortunate as he; and

Whereas, After graduating from J.W. Sexton High School in Lansing, Mr. Little received bachelor's and master's degrees from Michigan State University (MSU). By the 1970s, he was deputy director for the Michigan Department of Social Services before becoming director of social services for Wayne County. In the 1980s he also headed social services departments in Washington, D.C., and New York City. Mr. Little worked as a consultant before returning to MSU, where he taught before concentrating on putting together proposals for kinship care programs; and

Whereas, While Robert Little took great pride in his work on behalf of those families who were most in need, no task was more significant to him than his responsibilities to his family. He was very proud of his wife Patricia's dedication as an elementary school principal and devoted to their children, Sheryl, Pierre, and Elizabeth. He is also survived by seven grandchildren, two sisters, two brothers, one son-in-law, and one daughter-in-law; now, therefore, be it

Revolved by the Senate, That we offer this expression of respect as a memorial for Robert Little; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Little's wife of 39 years, Patricia, and their son and daughters as a reflection of the admiration we hold for his memory.

Senator Rogers moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

House Concurrent Resolution No. 53.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Michigan State Police Crime Lab.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the State Police Crime Lab located in Eaton County (the "Facility") is currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Michigan State Police Crime Lab in Eaton County shall not exceed $23,500,000 (the Authority share is $23,325,000 and the State General Fund/General Purpose share is $175,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $23,325,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,278,000 and $3,848,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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

House Concurrent Resolution No. 54.

Whereas, The site for the Department of Corrections Baraga Maximum Correctional Facility Additional Housing Units located in Baraga County (the "facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Baraga Maximum Correctional Facility Additional Housing Units shall not exceed $3,500,000 (the Authority share is $3,460,000 and the State General Fund/General Purpose share is $40,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $3,460,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $321,000 and $532,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 55.

Whereas, The site for the Department of Corrections Camp Ojibway Additional Housing Units located in Gogebic County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Camp Ojibway Additional Housing Units shall not exceed $19,900,000 (the Authority share is $19,744,000 and the State General Fund/General Purpose share is $156,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $19,744,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,897,000 and $3,168,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 56.

Whereas, The site for the Department of Corrections Camp Pugsley Additional Housing Units located in Grand Traverse County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Camp Pugsley Additional Housing Units shall not exceed $28,000,000 (the Authority share is $27,720,000 and the State General Fund/General Purpose share is $280,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $27,720,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,689,000 and $4,523,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 57.

Whereas, The site for the Department of Corrections Florence Crane Women's Facility Additional Housing Units located in Branch County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Florence Crane Women's Facility Additional Housing Units shall not exceed $6,000,000 (the Authority share is $5,960,000 and the State General Fund/General Purpose share is $40,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $5,960,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $553,000 and $916,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 58.

Whereas, The site for the Macomb Correctional Facility Additional Housing Units located in Macomb County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Macomb Correctional Facility Additional Housing Units shall not exceed $9,900,000 (the Authority share is $9,827,000 and the State General Fund/General Purpose share is $73,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $9,827,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $943,000 and $1,575,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 59.

Whereas, The site for the Department of Corrections Saginaw Correctional Facility Additional Housing Units located in Saginaw County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Saginaw Correctional Facility Additional Housing Units shall not exceed $9,300,000 (the Authority share is $9,227,000 and the State General Fund/General Purpose share is $73,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $9,227,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $886,000 and $1,479,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

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

House Concurrent Resolution No. 60.

Whereas, The site for the Department of Corrections Secure Level I Correctional Facility at St. Louis located in Gratiot County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Secure Level I Correctional Facility at St. Louis shall not exceed $25,000,000 (the Authority share is $24,700,000 and the State General Fund/General Purpose share is $300,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $24,700,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,326,000 and $3,851,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

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

House Concurrent Resolution No. 61.

Whereas, The site for the Department of Corrections Thumb Correctional Facility Additional Housing Units located in Lapeer County (the "Facility") is currently owned by the State; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Corrections Thumb Correctional Facility Additional Housing Units shall not exceed $8,800,000 (the Authority share is $8,722,000 and the State General Fund/General Purpose share is $78,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,722,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $837,000 and $1,398,000 as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

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.

House Concurrent Resolution No. 65.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Eastern Michigan University relative to the Eastern Michigan University Health and Human Services Building.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Regents of Eastern Michigan University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Eastern Michigan University Health and Human Services Building (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Eastern Michigan University Health and Human Services Building shall not exceed $20,417,000 (the Authority share is $15,312,600, the State General Fund/General Purpose share is $100, and the Educational Institution share is $5,104,300), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $15,312,600, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,468,000 and $2,465,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Regents of Eastern Michigan University, and the State Budget Director.

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.

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

House Concurrent Resolution No. 66.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase I).

Whereas, 1996 PA 480 established the Northern Michigan University West Science Remodeling at a total authorized project cost of $46,935,000 (the Authority share is $35,201,100, the State General Fund/General Purpose share is $100, and the Educational Institution share is $11,733,800). This project is comprised of two components, the construction of a new science building (the "Facility") and the renovation of the existing science building (the "Science Building Remodeling"); and

Whereas, The estimated project costs for the Facility and the Science Building Remodeling are $27,527,039 and $19,407,961, respectively, which in the aggregate is equal to the total project cost of $46,935,000 for the Northern Michigan University West Science Building Remodeling; and

Whereas, The portions of the Facility and the Science Building Remodeling to be financed by the State Building Authority (the "Authority") shall be $20,645,179 and $14,555,921, respectively, which in the aggregate is equal to the share of the total authorized cost to be financed by the Authority; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Northern Michigan University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority; and

Whereas, The site for the Facility is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the total cost for the Northern Michigan University West Science Building Remodeling (Phase I) shall not exceed $27,527,039 (the Authority share is $20,645,179, the State General Fund/General Purpose share is $100, and the Educational Institution share is $6,881,760), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $20,645,179, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,087,000 and $3,580,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Northern Michigan University, and the State Budget Director.

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.

House Concurrent Resolution No. 67.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Library Addition and Renovation (Phase I).

Whereas, 1996 PA 480 established the Ferris State University Library Addition and Renovation at a total authorized project cost of $50,000,000 (the Authority share is $37,499,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $12,500,000). This project is comprised of two components, the construction of a new library (the "Facility") and the renovation of the existing library building (the "Library Renovation"); and

Whereas, The estimated project costs for the Facility and the Library Renovation are $39,500,000 and $10,500,000 respectively, which in the aggregate is equal to the total project cost of $50,000,000 for the Ferris State University Library Addition and Renovation; and

Whereas, The portions of the Facility and the Library Renovation to be financed by the State Building Authority (the "Authority") shall be $29,624,900 and $7,875,000, respectively, which in the aggregate is equal to the share of the total authorized cost to be financed by the Authority; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Ferris State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the Authority; and

Whereas, The site for the Facility is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the total cost for the Ferris State University Library Addition and Renovation (Phase I) shall not exceed $39,500,000 (the Authority share is $29,624,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $9,875,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $29,624,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,993,000 and $5,123,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Ferris State University, and the State Budget Director.

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.

House Concurrent Resolution No. 70.

A concurrent resolution to change the scope of the Multipurpose Educational Facility and General Campus Renovations project at North Central Michigan College.

Whereas, The North Central Michigan College Multipurpose Educational Facility and General Campus Renovations project was authorized with a total cost of $10,000,000 by 1996 PA 321 and 1998 PA 538; and

Whereas, North Central Michigan College has estimated that the total cost to complete the Multipurpose Educational Facility and General Campus Renovations project has increased to $11,474,500; and

Whereas, North Central Michigan College has agreed to fund the increase in the project cost of $1,474,500, with the state commitment remaining at $3,967,500; and

Whereas, Pursuant to section 246 of 1984 PA 432, as amended, 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 increase the total authorized cost for the North Central Michigan College Multipurpose Educational Facility and General Campus Renovations project to an amount not to exceed $11,474,500 (State Building Authority share $3,967,400; State General Campus Fund/General Campus Purpose share $100; North Central Michigan College share $7,507,000); 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 in 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 North Central Michigan College.

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.

By unanimous consent the Senate returned to the order of

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 Young as Chairperson.

Senate Bill No. 550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1996 PA 115.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 21, by striking out "either" and inserting "ANY".

2. Amend page 3, following line 4, by inserting:

"(ii) A PERSON WHO, PRIOR TO JUNE 5, 1995, ARRANGES FOR THE SALE OR TRANSPORT OF A SECONDARY MATERIAL FOR USE IN PRODUCING A NEW PRODUCT UNLESS THE STATE HAS INCURRED RESPONSE ACTIVITY COSTS ASSOCIATED WITH THESE SECONDARY MATERIALS PRIOR TO THE EFFECTIVE DATE OF THE 1999 AMENDMENTS TO THIS SECTION. AS USED IN THIS SUBPARAGRAPH, SECONDARY MATERIAL MEANS SCRAP METAL, PAPER, PLASTIC, GLASS, TEXTILES, OR RUBBER, WHICH HAS DEMONSTRATED REUSE OR RECYCLING POTENTIAL AND HAS BEEN SEPARATED OR REMOVED FROM THE SOLID WASTE STREAM FOR REUSE OR RECYCLING, WHETHER OR NOT SUBSEQUENT SEPARATION AND PROCESSING IS REQUIRED, IF SUBSTANTIAL AMOUNTS OF THE MATERIAL ARE CONSISTENTLY USED IN THE MANUFACTURE OF PRODUCTS WHICH MAY OTHERWISE BE PRODUCED FROM A RAW OR VIRGIN MATERIAL." and renumbering the remaining subparagraph.

The Senate agreed to the substitute, as amended, 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. 888, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 39c (MCL 208.39c), as added by 1998 PA 534.

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:

Senate Bill No. 889, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 266 (MCL 206.266), as added by 1998 PA 535.

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 888

Senate Bill No. 889

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 888, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 39c (MCL 208.39c), as added by 1998 PA 534.

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. 603 Yeas--36

Bennett Gast McCotter Shugars

Bullard Goschka McManus Sikkema

Byrum Gougeon Miller Smith, A.

Cherry Hammerstrom Murphy Smith, V.

DeBeaussaert Hart North Steil

DeGrow Jaye Peters Stille

Dingell Johnson Rogers Van Regenmorter

Dunaskiss Koivisto Schuette Vaughn

Emerson Leland Schwarz Young

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senators Shugars, McCotter, Dunaskiss, Gougeon, Bennett, Goschka, Steil, Bullard, Johnson, Schuette, Hammerstrom, Stille, Byrum, North, McManus, A. Smith, Rogers, Leland and Gast moved that they be named co-sponsors of the following bill:

Senate Bill No. 888

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 889, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 266 (MCL 206.266), as added by 1998 PA 535.

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. 604 Yeas--36

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

Senators Shugars, Bennett, Steil, Hammerstrom, Sikkema, Dunaskiss, Johnson, Schuette, Gougeon, Stille, Van Regenmorter, Rogers, Bullard, Goschka, Byrum, A. Smith, McCotter, North, Leland, DeBeaussaert, Jaye, Gast, Young, Peters, McManus, Murphy and Vaughn moved that they be named co-sponsors of the following bill:

Senate Bill No. 889

The motion prevailed.

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

Senate Bill No. 373, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1, 5, 11, 12, 13, 14, 15, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 16z, 17, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 of chapter XVII (MCL 777.1, 777.5, 777.11, 777.12, 777.13, 777.14, 777.15, 777.16a, 777.16b, 777.16c, 777.16d, 777.16e, 777.16f, 777.16g, 777.16h, 777.16i, 777.16j, 777.16k, 777.16l, 777.16m, 777.16n, 777.16o, 777.16p, 777.16q, 777.16r, 777.16s, 777.16t, 777.16u, 777.16v, 777.16w, 777.16x, 777.16y, 777.16z, 777.17, 777.18, 777.19, 777.21, 777.35, 777.36, 777.43, 777.47, 777.48, 777.54, and 777.55), sections 1, 5, 12, 14, 15, 16a, 16b, 16c, 16e, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 as added by 1998 PA 317, section 11 as amended by 1999 PA 90, section 13 as amended by 1999 PA 61, section 16d as amended by 1999 PA 192, section 16f as amended by 1999 PA 45, section 16g as amended by 1999 PA 39, section 16z as amended by 1999 PA 186, and section 17 as amended by 1999 PA 67; and to repeal acts and parts of acts.

The above bill was read a third time.

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. 605 Yeas--36

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

Senator Van Regenmorter offered to amend the title to read as follows:

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1, 5, 11, 12, 13, 14, 15, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 16z, 17, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 of chapter XVII (MCL 777.1, 777.5, 777.11, 777.12, 777.13, 777.14, 777.15, 777.16a, 777.16b, 777.16c, 777.16d, 777.16e, 777.16f, 777.16g, 777.16h, 777.16i, 777.16j, 777.16k, 777.16l, 777.16m, 777.16n, 777.16o, 777.16p, 777.16q, 777.16r, 777.16s, 777.16t, 777.16u, 777.16v, 777.16w, 777.16x, 777.16y, 777.16z, 777.17, 777.18, 777.19, 777.21, 777.35, 777.36, 777.43, 777.47, 777.48, 777.54, and 777.55), sections 1, 5, 12, 14, 15, 16a, 16b, 16c, 16e, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 as added by 1998 PA 317, section 11 as amended by 1999 PA 90, section 13 as amended by 1999 PA 61, section 16d as amended by 1999 PA 192, section 16f as amended by 1999 PA 45, section 16g as amended by 1999 PA 39, section 16l as amended by 1999 PA 168, section 16z as amended by 1999 PA 186, and section 17 as amended by 1999 PA 67; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

House Bill No. 4640, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 34 of chapter IX and sections 31, 43, 46, and 48 of chapter XVII (MCL 769.34, 777.31, 777.43, 777.46, and 777.48), section 34 of chapter IX as amended and sections 31, 43, 46, and 48 of chapter XVII 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. 606 Yeas--36

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

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 Van Regenmorter offered to amend the title to read as follows:

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 34 of chapter IX and sections 31, 43, 46, 48, and 57 of chapter XVII (MCL 769.34, 777.31, 777.43, 777.46, 777.48, and 777.57), section 34 of chapter IX as amended and sections 31, 43, 46, 48, and 57 of chapter XVII as added by 1998 PA 317.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

House Bill No. 4010, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending sections 1 and 2 (MCL 691.1401 and 691.1402), section 1 as amended by 1986 PA 175 and section 2 as amended by 1996 PA 150, and by adding section 2a.

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. 607 Yeas--36

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

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.

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Rogers moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 550

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1996 PA 115.

The above bill was read a third time.

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. 608 Yeas--36

Nays--0

Excused--2

Emmons Hoffman

Not Voting--0

In The Chair: Schwarz

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Jaye's statement is as follows:

Mr. President and Senate colleagues, Michigan State University football coach Nick Saban's decision to leave his $700,000 a year job for $1.25 million a year coaching job at Louisiana State University shows that greed has triumphed over community service.

College sports is about amateur student athletes. Athletes lose their amateur status when they accept money. Amateurs play sports for the love of sport and school pride, not money. That civic spirit should also extend to college and high school coaching staffs.

You know, if Nick Saban wants to coach at the professional level, then I could understand a $1.25-million salary. However, taxpayers heavily subsidize high school and college athletics paying approximately $6,500 per year per student and $7,000, approximately, per college student. Therefore, there should be a higher level of accountability for publically paid coaches.

Taxpayers are fair and generous to our publically paid coaches. Saban earned $700,000 a year at Michigan State University, plus very generous benefits, plus much more from his TV, radio shows, and commercial advertisements. Why isn't $700,000-plus a year enough? How many cars, how many boats, how many Louisiana condos, how many fancy dinners, how many diamonds and fur coats can Saban or anyone else use?

To restore some sanity and accountability to taxpayers who finance college athletics, I'm going to be introducing legislation which would limit Michigan coaches' salaries to the Governor's salary, which will be $151,000 a year.

Community service, not individual greed, should be a lesson taught by coaches to student athletes.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Schwarz introduced

Senate Joint Resolution O, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 5 of article VIII, to provide for gubernatorial appointment of the governing boards of the University of Michigan, Michigan State University, and Wayne State University and to limit the number of appointments of a governing board member.

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

Senators Rogers, Shugars, Johnson, Hammerstrom, Stille, Steil and Gast introduced

Senate Bill No. 893, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1998 PA 547.

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

Senators Rogers, Shugars, Johnson, Hammerstrom, Stille, Steil and Gast introduced

Senate Bill No. 894, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145d (MCL 750.145d), as added by 1999 PA 32.

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

Senators Rogers, Shugars, Johnson, Hammerstrom, Stille, Steil and Gast introduced

Senate Bill No. 895, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145d (MCL 750.145d), as added by 1999 PA 32.

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

Senators Shugars, Rogers, Johnson, Hammerstrom, Stille, Steil and Gast introduced

Senate Bill No. 896, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 539j.

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

Senators Shugars and Bullard introduced

Senate Bill No. 897, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending sections 9a and 9c (MCL 432.209a and 432.209c), as added by 1997 PA 69.

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

Senator Shugars introduced

Senate Bill No. 898, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.226) by adding section 10a.

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

Senator Stille introduced

Senate Bill No. 899, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 501a, 502, 503, 504, 504a, 505, 505a, 507, and 1596 (MCL 380.501, 380.501a, 380.502, 380.503, 380.504, 380.504a, 380.505, 380.505a, 380.507, and 380.1596), sections 501, 502, 503, 504a, and 507 as amended and section 501a as added by 1995 PA 289 and sections 504 and 505 as amended and section 505a as added by 1994 PA 416, and by adding sections 502a, 503b, 505b, 1259, and 1597.

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

Senators Stille, Gougeon, North, Jaye and McManus introduced

Senate Bill No. 900, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, 4, and 6 (MCL 691.1401, 691.1402, 691.1404, and 691.1406), the title and section 1 as amended by 1986 PA 175 and section 2 as amended by 1996 PA 150, and by adding sections 2a and 2b.

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

Senator Peters introduced

Senate Bill No. 901, entitled

A bill to create the Michigan youth authority in the family independence agency and to prescribe its powers and duties; to prescribe certain duties of certain other state departments, officers, and agencies; to provide for the establishment of local community youth authorities; to provide for the promulgation of rules; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senator Peters introduced

Senate Bill No. 902, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending sections 2, 2a, 3, 4, and 5 (MCL 803.302, 803.302a, 803.303, 803.304, 803.305), sections 2, 3, 4, and 5 as amended and section 2a as added by 1998 PA 517.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senator Peters introduced

Senate Bill No. 903, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 2, 2d, 16, 18, 18k, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.16, 712A.18, 712A.18k, and 712A.28), sections 1, 2d, 16, 18, 18k, and 28 as amended by 1998 PA 478 and section 2 as amended by 1998 PA 530.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senator Peters introduced

Senate Bill No. 904, entitled

A bill to amend 1996 PA 263, entitled "Juvenile boot camp act," by amending sections 2, 3, 4, 5, 6, and 7 (MCL 400.1302, 400.1303, 400.1304, 400.1305, 400.1306, and 400.1307), as amended by 1998 PA 527.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

Senator Peters introduced

Senate Bill No. 905, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 114, 115, 115b, 115d, and 115e (MCL 400.114, 400.115, 400.115b, 400.115d, and 400.115e), sections 115 and 115d as amended by 1988 PA 75 and section 115b as amended by 1998 PA 516.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

House Bill No. 4881, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520c and 520e (MCL 750.520c and 750.520e), section 520c as amended by 1983 PA 158 and section 520e as amended by 1996 PA 155.

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 Judiciary.

House Bill No. 5112, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72, and by adding section 613b.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Committee Reports

The Committee on Finance reported

Senate Bill No. 538, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24f (MCL 211.24f), as amended by 1994 PA 189.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Hammerstrom, Peters and Dingell

Nays: None

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

The Committee on Finance reported

Senate Bill No. 888, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 39c (MCL 208.39c), as added by 1998 PA 534.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 889, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 266 (MCL 206.266), as added by 1998 PA 535.

With the recommendation that the bill pass.

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

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4177, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24f (MCL 211.24f), as amended by 1994 PA 189.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Hammerstrom, Peters and Dingell

Nays: None

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

The Committee on Finance reported

House Bill No. 4863, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4u.

With the recommendation that the bill pass.

Joanne G. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Hammerstrom, Peters and Dingell

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submits the following:

Meeting held on Tuesday, November 30, 1999, at 1:05 p.m., Room 810, Farnum Building

Present: Senators Emmons (C), Bullard, Hammerstrom, Peters and Dingell

Scheduled Meetings

Appropriations Committee - Tuesday, December 7, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

Government Operations Committee - Thursday, December 2, at 1:00 p.m., Room 405, Capitol Building (3-1707).

State Police and Military Affairs Appropriations Subcommittee - Wednesday, December 8, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-2426).

Transportation Appropriations Subcommittee - Tuesday, December 7, at 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-2426).

Senator Rogers moved that the Senate adjourn.

The motion prevailed, the time being 12:40 p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, December 2, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.

Bennett--present	Hammerstrom--present	Rogers--present
Bullard--present	Hart--present	Schuette--present
Byrum--present	Hoffman--excused	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--excused	Miller--present	Van Regenmorter--present
Gast--present	Murphy--present	Vaughn--present
Goschka--present	North--present	Young--present

Bennett	Gast	McCotter	Shugars
Bullard	Goschka	McManus	Sikkema
Byrum	Gougeon	Miller	Smith, A.
Cherry	Hammerstrom	Murphy	Smith, V.
DeBeaussaert	Hart	North	Steil
DeGrow	Jaye	Peters	Stille
Dingell	Johnson	Rogers	Van Regenmorter
Dunaskiss	Koivisto	Schuette	Vaughn
Emerson	Leland	Schwarz	Young