sj06141t.055

No. 55

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, June 14, 2001.

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 Gougeon--present Peters--present

Bullard--present Hammerstrom--present Schuette--present

Byrum--present Hart--excused Schwarz--present

Cherry--present Hoffman--present Scott--present

DeBeaussaert--present Johnson--present Shugars--present

DeGrow--present Koivisto--present Sikkema--present

Dingell--present Leland--present Smith--present

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

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

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

Garcia--present Murphy--present Vaughn--excused

Gast--present North--present Young--present

Goschka--present

Senator Kenneth R. Sikkema of the 31st District offered the following invocation:

Lord, this day begins as all days with promise and opportunity, but being human we know that it can quickly deteriorate into something far less than that.

This morning we ask for a full measure of patience, understanding, and for those of us--mostly, I think, primarily myself--with quick tempers and quick tongues, we ask that You help us to keep both in check today.

Lastly, we must not forget to thank You for the blessings of life--freedom and economic abundance. Help us to use all of these blessings wisely.

This and more we ask in Your name. Amen.

Senator Johnson entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senators Dunaskiss and Hoffman be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

Senator Dunaskiss entered the Senate Chamber.

Senator Emmons moved that the Committee on Government Operations be discharged from further consideration of the following resolution:

Senate Resolution No. 77.

A resolution to urge the National Collegiate Athletic Association to rescind its actions permitting college football games to be played on Friday nights.

The motion prevailed, a majority of the members serving voting therefor, and the resolution was placed on the order of Resolutions.

Senator Emmons moved that when the Senate adjourns today, it stand adjourned until Tuesday, June 26.

The motion prevailed.

Senator Hoffman entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 13:

House Bill Nos. 4145 4487 4783 4784 4819 4912

Messages from the House

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

Senate Bill No. 283

The motion prevailed.

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

Senate Bill No. 232

The motion prevailed.

Senate Bill No. 233, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Substitute (H-1).

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 188 Yeas--0

Nays--35

Bennett Emmons Leland Scott

Bullard Garcia McCotter Shugars

Byrum Gast McManus Sikkema

Cherry Goschka Miller Smith

DeBeaussaert Gougeon Murphy Steil

DeGrow Hammerstrom North Stille

Dingell Hoffman Peters Van Regenmorter

Dunaskiss Johnson Schuette Young

Emerson Koivisto Schwarz

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

The Assistant President pro tempore, Senator Hoffman, assumed the Chair.

Senate Bill No. 234, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2002; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

Substitute (H-1).

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

The President pro tempore, Senator Schwarz, resumed the Chair.

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 189 Yeas--0

Nays--35

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

Senate Bill No. 235, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

Substitute (H-1).

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 190 Yeas--0

Nays--35

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

Senate Bill No. 239, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2002; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

Substitute (H-1).

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 191 Yeas--0

Nays--35

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

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

Senate Bill No. 232, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

Substitute (H-1).

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 192 Yeas--0

Nays--35

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

The Assistant President pro tempore, Senator Hoffman, resumed the Chair.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Emmons moved that the rules be suspended and that the following concurrent resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:

Senate Concurrent Resolution No. 26

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

Third Reading of Bills

Senator Emmons moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 462

House Bill No. 4789

House Bill No. 4222

House Bill No. 4223

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 462, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 1997 PA 143, and by adding section 92.

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. 193 Yeas--35

Nays--0

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Hoffman

The Senate agreed to the title of the bill.

The President pro tempore, Senator Schwarz, resumed the Chair.

The following bill was read a third time:

House Bill No. 4789, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1999 PA 68.

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. 194 Yeas--35

Nays--0

Excused--2

Hart Vaughn

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4222, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," by amending sections 12 and 13 (MCL 207.12 and 207.13), as amended by 1995 PA 257.

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. 195 Yeas--35

Nays--0

Excused--2

Hart Vaughn

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.

The following bill was read a third time:

House Bill No. 4223, entitled

A bill to amend 1911 PA 44, entitled "An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act," by amending sections 4 and 5 (MCL 209.4 and 209.5), section 4 as amended by 1986 PA 143 and section 5 as amended by 1981 PA 52.

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. 196 Yeas--35

Nays--0

Excused--2

Hart Vaughn

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

The following communication was received and read:

Office of the Senate Majority Leader

June 14, 2001

Pursuant to Senate Rule 1.105, I hereby appoint the following conference committees:

Senate Bill 230 McManus (Chair)

Gast

Koivisto

Senate Bill 232 Johnson (Chair)

Stille

Dingell

Senate Bill 233 Bennett (Chair)

Stille

Young

Senate Bill 235 Goschka (Chair)

Gougeon

Murphy

Senate Bill 234 Schwarz (Chair)

Johnson

Young

Senate Bill 236 North (Chair)

Goschka

Dingell

Senate Bill 237 Hoffman (Chair)

North

Dingell

Senate Bill 238 Hoffman (Chair)

North

Dingell

Senate Bill 239 Hoffman (Chair)

Goschka

Young

Sincerely,

Dan L. DeGrow

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senate Resolution No. 77.

A resolution to urge the National Collegiate Athletic Association to rescind its actions permitting college football games to be played on Friday nights.

The question being on the adoption of the resolution,

The resolution was adopted.

Senator Young was named co-sponsor of the resolution.

Senate Concurrent Resolution No. 26.

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 Hall of Justice Facility for the State Judiciary.

The Assistant Secretary of the Senate made the following statement:

Mr. President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 197 Yeas--21

Bennett Gast Johnson Shugars

Bullard Goschka McCotter Sikkema

DeGrow Gougeon McManus Steil

Dunaskiss Hammerstrom North Stille

Emmons Hoffman Schuette Van Regenmorter

Garcia

Nays--14

Byrum Emerson Murphy Scott

Cherry Koivisto Peters Smith

DeBeaussaert Leland Schwarz Young

Dingell Miller

Excused--2

Hart Vaughn

Not Voting--0

In The Chair: Schwarz

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

Senate Resolution No. 83

The resolution consent calendar was adopted.

Senators Sikkema, Gast, Johnson, Shugars and Bennett offered the following resolution.

Senate Resolution No. 83.

A resolution observing September 17-23, 2001, as Pollution Prevention Week.

Whereas, In a week of observance, education, and outreach, pollution prevention is being promoted as a priority in achieving environmental quality in the state of Michigan; and

Whereas, The people of Michigan are proud of our state's beauty, natural resources, and environment; and

Whereas, The presence of pollutants may pose a threat to our environment, public health, and safety; and

Whereas, Pollution prevention is a fundamental approach to protect the environment and maintain the health and safety of workers in the workplace by stopping pollution before it occurs; and

Whereas, Pollution prevention can benefit businesses by increasing industrial efficiency through process and material waste reduction, thereby saving businesses time and money; and

Whereas, By a proactive approach to pollution prevention, Michigan can meet the challenges of having both a sustainable environment and healthy economy for its citizens and businesses; and

Whereas, The passage of the Clean Michigan Initiative bond fund has provided valuable new funding for pollution prevention activities and will result in greater citizen awareness and support for pollution prevention throughout the state; and

Whereas, Pollution Prevention Week is an opportunity for the residents of Michigan to join together for a clean and vibrant Michigan by taking action in promoting the reduction of waste at its source of generation and identifying where it is not feasible on reuse and recycling; now, therefore, be it

Resolved by the Senate, That we observe September 17-23, 2001, as Pollution Prevention Week in Michigan, and we encourage all businesses and community members to participate in local and regional celebratory and educational activities; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of this event as evidence of our respect and esteem.

Senator Young was named co-sponsor of the resolution.

Senate Concurrent Resolution No. 14.

A concurrent resolution to increase the total project cost of the Classroom Facilities project at Saginaw Valley State University.

(For text of resolution, see Senate Journal No. 30, p. 339.)