sj03039t.018

No. 18

STATE OF MICHIGAN

Journal of the Senate

90th Legislature

REGULAR SESSION OF 1999

Senate Chamber, Lansing, Wednesday, March 3, 1999.

10:00a.m.

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

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

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

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

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

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

DeBeaussaert--present Koivisto--present Sikkema--present

DeGrow--present Leland--present A. Smith--present

Dingell--present McCotter--present V. Smith--excused

Dunaskiss--present McManus--present Steil--present

Emerson--present Miller--present Stille--present

Emmons--present Murphy--present VanRegenmorter--present

Gast--present North--present Vaughn--present

Goschka--present Peters--present Young--present

Gougeon--present

Sister Mona Schwind of the Grand Rapids Dominician Sisters offered the following invocation:

Lord, God, Father, Mother, Creator of all, Destiny of all, let us do well the work You set before us: works of service and of stewardship.

As Your servants and stewards, let us be and do as You have taught us: doing what we shalt, refraining from what we shalt not.

As Your servants and stewards, let us ask the questions You ask of us: Who is our neighbor? Who is our brother? What is the greatest? What is the least? What is the one thing necessary?

As Your servants and stewards, let us look to the ways of our houses and of our Senate: How are Michigan's widows and orphans, her lame, her halt, her least of cared for? How is life--all life, in all its forms--protected and promoted in Michigan?

Be with us, Father God, that we act justly, love tenderly, and walk humbly in Your ways for Your honor and for the good of Michigan and all its people. Amen.

Motions and Communications

Senator Jaye entered the Senate Chamber.

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

The motion prevailed.

Senator Emerson moved that Senators Leland and Miller be temporarily excused from today's session.

The motion prevailed.

Senator Emerson moved that Senator V. Smith be excused from today's session.

The motion prevailed.

Senator Leland entered the Senate Chamber.

The following communication was received:

Department of State

Administrative Rules

Notice of Filing

January 20, 1999

In accordance with the provisions of Section 46(1) of Act 306, Public Arts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:03p.m. this date, administrative rule (99-01-7) for the Department of Consumer and Industry Services, Director's Office, entitled "Occupational Safety Standards," effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The Secretary announced the printing and placement in the members' files on Tuesday, March 2 of:

Senate Bill Nos. 340 362 377 398 399

Messages from the Governor

The following message from the Governor was received:

March 2, 1999

Pursuant to Article V, Section 17 of the Michigan Constitution of 1963, I hereby transmit the following list of commutations and pardons granted during 1998:

Herman Cortez - Sentenced to Life for the crime of Drug Law over 650 Grams. Commuted on December 7, 1998. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.

Guy Michael Smith - Sentenced to Life for the crime of Drug Law over 650 Grams. Commuted on December 7, 1998. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.

Sincerely,

John Engler

Governor

Senator Young entered the Senate Chamber.

Messages from the House

Senate Bill No.259, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 113, 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 242, 246, 248, 251, 267, 303, 305, 342, 344, 350, 350a, 350e, 352, 353, 353e, 354, 355, 356, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 443, 451, 454, 461, 462, 484, 485, 486, 492, and 493 (MCL 18.1113, 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1242, 18.1246, 18.1248, 18.1251, 18.1267, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350e, 18.1352, 18.1353, 18.1353e, 18.1354, 18.1355, 18.1356, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1443, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1492, and 18.1493), section 113 as amended by 1987 PA 122, sections 115, 203, 205, 217, 221, 246, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 350a, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 353 as amended by 1994 PA 107, section 353e as added by 1997 PA 144, section 354 as amended by 1995 PA 286, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, and 486 as added by 1986 PA 272, and by adding sections 237a, 281a, 430, and 451a; and to repeal acts and parts of acts.

The House of Representatives has amended the bill as follows:

1. Amend page 10, line 18, after "grounds" by striking out the balance of the subsection and inserting "AND, BEGINNING IN 1999, THE HOUSE OFFICE BUILDING.".

2. Amend page 31, line 6, after the second "the" by striking out the balance of the line through "commission" on line 7 and inserting "DEPARTMENT OF CAREER DEVELOPMENT OR ITS SUCCESSOR".

3. Amend page 48, line 11, after "notifying" by inserting "EACH MEMBER OF".

4. Amend page 49, line 4, after "NOTIFY" by inserting "EACH MEMBER OF".

5. Amend page 50, line 7, by striking out "451" and inserting "451A".

6. Amend page 56, line 21, after "NOTIFY" by inserting "EACH MEMBER OF".

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.

Third Reading of Bills

Senator Miller entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No.201, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 803 (MCL 168.803), as amended by 1997 PA 137.

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.42 Yeas--35

Bennett Emmons Leland Shugars

Bullard Gast McCotter Sikkema

Byrum Goschka McManus Smith, A.

Cherry Gougeon Miller Steil

DeBeaussaert Hammerstrom Murphy Stille

DeGrow Hart North VanRegenmorter

Dingell Hoffman Peters Vaughn

Dunaskiss Jaye Rogers Young

Emerson Koivisto Schuette

Nays--0

Excused--2

Schwarz Smith, V.

Not Voting--0

In The Chair: President

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 bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No.4090

House Bill No.4091

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

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 Bennett as Chairperson.

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

House Bill No.4091, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57b (MCL 400.57b), as added by 1995 PA 223.

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

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

Senate Bill No.125, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a and 732 (MCL 257.320a and 257.732), section 320a as amended by 1998 PA 350 and section 732 as amended by 1998 PA 348.

1. Amend page 13, following line 25, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2000." and renumbering the remaining enacting section.

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 amendments, the following bill:

Senate Bill No.126, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81134, 81135, and 82141 (MCL 324.81134, 324.81135, and 324.82141), section 81134 as amended by 1998 PA 355 and sections 81135 and 82141 as added by 1995 PA 58.

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

1. Amend page 2, line 9, after the first "than" by striking out "90" and inserting "93".

2. Amend page 5, line 14, after "than" by striking out "90" and inserting "93".

3. Amend page 7, following line 8, by inserting:

"Sec. 82128. (1) If a person is convicted of violating section 82127(1), the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor and may be punished by 1 or more of the following:

(i) Community service for not more than 45 days.

(ii) Imprisonment for not more than 90 93 days.

(iii) A fine of not less than $100.00 or more than $500.00.

(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to both a fine of not less than $200.00 or more than $1,000.00 and either of the following:

(i) Community service for not less than 10 days or more than 90 days, and may be imprisoned for not more than 1 year.

(ii) Imprisonment for not less than 48 consecutive hours or more than 1 year, and may be sentenced to community service for not more than 90 days.

(c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to imprisonment for not less than 1 year or more than 5 years, or a fine of not less than $500.00 or more than $5,000.00, or both.

(2) A term of imprisonment imposed under subsection (1)(b)(ii) shall not be suspended.

(3) A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service if ordered by the court.

(4) In addition to the sanctions prescribed under subsection (1) and section 82127(4) and (5), the court may, pursuant to the code of criminal procedure, ~~Act No.175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws~~ 1927 PA 175, MCL 760.1 TO 777.69, order the person to pay the costs of the prosecution. The court shall also impose sanctions under section 82142.

(5) A person who is convicted of violating section 82127(2) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $100.00 or more than $500.00, or both.

(6) As used in this section, "prior conviction" means a conviction for a violation of section 82127(1), (4), or (5), former section 15a(1), (4), or (5) of ~~Act No.74 of the Public Acts of 1968~~ 1968 PA 74, or former section 15a, a local ordinance substantially corresponding to section 82127(1) or former section 15a, or a law of another state substantially corresponding to section 82127(1), (4), or (5) or former section 15a.

Sec. 82129. (1) If a person is convicted of violating section 82127(3), the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 45 days.

(ii) Imprisonment for not more than 90 93 days.

(iii) A fine of not more than $300.00.

(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to both a fine of not less than $200.00 or more than $1,000.00, and either of the following:

(i) Community service for not less than 10 days or more than 90 days, and may be sentenced to imprisonment for not more than 1 year.

(ii) Imprisonment for not more than 1 year, and may be sentenced to community service for not more than 90 days.

(c) If the violation occurs within 10 years of 2 or more prior convictions, the person shall be sentenced to both a fine of not less than $200.00 or more than $1,000.00, and either of the following:

(i) Community service for a period of not less than 10 days or more than 90 days, and may be sentenced to imprisonment for not more than 1 year.

(ii) Imprisonment for not more than 1 year, and may be sentenced to community service for not more than 90 days.

(2) In addition to the sanctions prescribed in subsection (1), the court may, pursuant to the code of criminal procedure, ~~Act No.175 of the Public Acts of 1927, being sections 760.1 to 776.21 of the Michigan Compiled Laws~~ 1927 PA 175, MCL 760.1 TO 777.69, order the person to pay the costs of the prosecution. The court shall also impose sanctions under section 82142.

(4) As used in this section, "prior conviction" means a conviction for a violation of section 82127(1), (3), (4), or (5), section 15a(1), (3), (4), or (5) of Act No.74 of the Public Acts of 1968, or former section 15a, a local ordinance substantially corresponding to section 82127(1) or (3) or former section 15a, or a law of another state substantially corresponding to section 82127(1), (3), (4), or (5) or former section 15a.".

4. Amend page 8, following line 7, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2000." and renumbering the remaining enacting section.

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.312, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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.336, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 358 (MCL 168.358), as amended by 1990 PA 7.

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 joint resolution:

Senate Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 21 of article V, to provide for the filling of the office of lieutenant governor upon a vacancy.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole and the joint resolution 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:

House Bill No.4090, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57l.

Substitute (S-1).

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

1. Amend page 1, line 11, after "IMPLEMENTED" by inserting "BEFORE APRIL 1, 2003".

2. Amend page 2, line 3, after "POSITIVE" by inserting a comma and "BY MASS SPECTROMETRY".

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.

During the Committee of the Whole, Senator Schwarz entered the Senate Chamber.

Resolutions

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

Senate Resolution No.29

The resolution consent calendar was adopted.

Senator Young offered the following resolution:

Senate Resolution No.29.

A resolution to congratulate Michigan Consolidated Gas Company (MichCon) as they celebrate 150 years of business in the state of Michigan.

Whereas, With great respect for the consistency of its outstanding service, we salute the people behind the success of MichCon as this corporation marks its 150th anniversary. With its record in adapting to a world of changes, MichCon has set a standard of excellence that has been of great value to the economy of Michigan and to the countless families and businesses who have been the direct recipients of this company's good work. This milestone is being marked with a special birthday reception on March 12, 1999, at the historic Guardian Building located in the heart of Detroit's financial district; and

Whereas, Tracing its roots back to 1849, the company began as the City of Detroit Gas Company and was later renamed the Detroit Gas Light Company. In 1851, the company created safer communities by bringing gas light to the streets of downtown Detroit--an achievement that only a few other Midwestern cities had made at that time. Less than a century later, MichCon developed Austin Field, the first gas storage field in Michigan. This helped to ensure a stable supply of natural gas to meet their consumers' growing energy needs; and

Whereas, During its 150 years of success, MichCon has developed a philosophy of achievement which encourages exploration of new technology and innovative advancements, while retaining a long-standing commitment to customer satisfaction. MichCon has also established a reputation for giving back to the community. Since its inception in 1984, the MichCon Foundation has contributed more than $15.6 million to support economic development, educational programs, environmental endeavors, and United Way agencies across Michigan. Clearly, this is an enterprise that has been effectively managed and, as a result, has played a significant role in Michigan's diversified economy; and

Whereas, Last year, MichCon's 2,750 employees safely delivered natural gas through 18,900 miles of pipeline to bring warmth and convenience to 1.2 million customers in more than 500 Michigan communities. With the 21st century upon us, MichCon's commitment to Michigan is being raised to new levels. In 1998, the company signed an agreement to provide comprehensive energy services for the Detroit-Wayne County Metropolitan Airport's Midfield Terminal. MichCon also recently invested $55 million in state-of-the-art customer information and communications management technology; and

Whereas, Few things can testify to MichCon's ability to get results than 150 years of success. Generations of families have relied on MichCon to provide a very important service. This heritage of service promises much continued success; now, therefore, be it

Resolved by the Senate, That we commend and congratulate MichCon for 150 years of business in the state of Michigan. May the owners, management, and employees know of our admiration and warmest wishes for many more years of prosperity; and be it further

Resolved, That a copy of this resolution be transmitted to MichCon in celebration of this historic milestone.

Introduction and Referral of Bills

Senator Dingell introduced

Senate Bill No.401, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4r.

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

Senators North, Koivisto, McManus, Bullard, Schwarz and Shugars introduced

Senate Bill No.402, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

Senators Bullard, Hoffman and Rogers introduced

Senate Bill No.403, entitled

A bill to amend 1968 PA 15, entitled "Correctional industries act," by amending the title and sections 2 and 7 (MCL 800.322 and 800.327), as amended by 1996 PA 537, and by adding section 7b.

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

Senators Shugars and Hammerstrom introduced

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

Senator Peters introduced

Senate Bill No.405, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

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

Committee Reports

The Committee on Families, Mental Health and Human Services reported

Senate Bill No.379, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18f of chapter XII (MCL 712A.18f), as amended by 1998 PA 480.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Gougeon, Hart and Vaughn

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Families, Mental Health and Human Services reported

House Bill No.4090, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57l.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Gougeon, Jaye and Goschka

Nays: Senators Hart and Vaughn

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

The Committee on Families, Mental Health and Human Services reported

House Bill No.4091, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57b (MCL 400.57b), as added by 1995 PA 223.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Gougeon, Jaye and Goschka

Nays: Senators Hart and Vaughn

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, February 25, 1999, at 9:00a.m., Room 100, Farnum Building

Present: Senators Hammerstrom (C), Gougeon, Jaye, Goschka, Hart and Vaughn

Absent: Senator Schuette

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Consumer and Industry Services submits the following:

Meeting held on Tuesday, February 23, 1999, at 3:00p.m., Senate Appropriations Room, Capitol Building

Present: Senators Steil (C), Stille and Young

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Natural Resources submits the following:

Meeting held on Wednesday, February 24, 1999, at 8:00a.m., Senate Appropriations Room, Capitol Building

Present: Senators McManus (C), Gast, Koivisto, Hoffman and DeBeaussaert

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Environmental Quality submits the following:

Meeting held on Wednesday, February 24, 1999, at 1:00p.m., Senate Appropriations Room, Capitol Building

Present: Senators Bennett (C), Gast, North, A. Smith and DeBeaussaert

COMMITTEE ATTENDANCE REPORT

The Subcommittee on the Jobs Commission submits the following:

Meeting held on Wednesday, February 24, 1999, at 3:00p.m., Room 810, Farnum Building

Present: Senators Steil (C), Gougeon and Emerson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on the Department of Agriculture submits the following:

Meeting held on Tuesday, March 2, 1999, at 1:00p.m., Room 405, Capitol Building

Present: Senators McManus (C), Gast and Koivisto

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submits the following:

Meeting held on Tuesday, March 2, 1999, at 1:30p.m., Room 404, Capitol Building

Present: Senators Schwarz (C), Steil and Young

Scheduled Meeting

Health Policy Committee - Tuesday, March 9, at 3:00 p.m., Room 100, Farnum Building (3-0793).

Senator Rogers moved that the Senate adjourn.

The motion prevailed, the time being 10:53a.m.

The President, Lieutenant Governor Posthumus, declared the Senate adjourned until Thursday, March 4, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.