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.

 

 

 

 

Pastor Curtis Freed from the First Baptist Church in Spring Lake offered the following invocation:

O Lord, God of all creation, giver and sustainer of all life, sovereign ruler of the universe, holy, omnipotent, omnipresent, and omniscient God, we bow before You today as humble servants in Your sight. We acknowledge that You are our hope. You are our rock and our salvation; our stronghold that shall not be shaken; our refuge in times of trouble.

I come before You today to ask Your guidance and Your blessing on this body of legislators who have been sent here by the people of Michigan and who have been placed here by Your hand to govern this great state. Give to them discernment and wisdom as they meet this day to enact righteous laws for our land and for our people. Grant to this body of men and women Your divine guidance as they meet. Your word says, "There is no one besides you to help in the battle." So help us this day, O Lord our God, for we trust in You. I ask this in the name of Your Son, Jesus Christ. Amen.

 

 

 

 

Senator DeGrow moved that rule 3.902 be suspended to allow the guest of Senator Stille admittance to the Senate floor.

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

 

Senator DeGrow moved that Senator Geake be temporarily excused from today's session.

The motion prevailed.

 

Senator DeGrow moved that Senator Carl be excused from today's session.

The motion prevailed.

 

Senator V. Smith moved that Senators Conroy, Miller, A. Smith, Stallings and Young be temporarily excused from today's session.

The motion prevailed.

 

Senator Conroy entered the Senate Chamber.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on March 26, for his approval the following bill:

Enrolled Senate Bill No. 93 at 3:08 p.m.

 

 

 

 

 

 

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

Board of Health and Safety Compliance and Appeals

Mr. Michael R. Carey, 1203 Pine Court, Iron Mountain, Michigan 49801, county of Dickinson, as a member representing management in the construction industry, succeeding Mr. Anthony Villa of Livonia, whose term has expired, for a term expiring on March 18, 2001.

Ms. Cynthia A. Ostrowski, 3613 Hollenshade, Rochester Hills, Michigan 48306, county of Oakland, as a member representing employees in the health field, succeeding Mr. Homer L. Sterner of Monroe, whose term has expired, for a term expiring on March 18, 2001.

 

 

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

Construction Code Commission

Ms. Christine Segerlind, 9020 Briarwood Drive, Portland, Michigan 48875, county of Ionia, as a member representing municipal building inspectors who enforce the uniform building code, succeeding Mr. Michael Bosanac of Monroe, whose term has expired, for a term expiring on January 31, 1999.

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

Michigan Forest Finance Authority

Mr. Russell J. Weisinger, P.O. Box 376, Baraga, Michigan 49908, county of Baraga, as a member representing the general public, succeeding himself, for a term expiring on July 24, 1999.

 

 

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

Michigan Travel Commission

Mr. William E. Best, 16144 Homestead Circle, Northville, Michigan 48162, county of Wayne, as a member representing the convention industry, succeeding Mr. William F. McLaughlin of Northville, whose term has expired, for a term expiring on August 20, 2000.

The appointments were referred to the Committee on Government Operations.

 

 

 

 

Senators A. Smith, Miller, Geake and Cherry entered the Senate Chamber.

 

 

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

Senate Bill No. 21

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 229, entitled

A bill to amend 1965 PA 232, entitled "Agricultural commodities marketing act," by amending section 8 (MCL 290.658), as amended by 1996 PA 216.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 230, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending section 17 (MCL 121.17).

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 233, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the elections and duties of township officers, and the division of townships," by amending section 77 (MCL 41.77), as amended by 1989 PA 77.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

Senator Young entered the Senate Chamber.

 

 

The following bill was read a third time:

Senate Bill No. 234, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 142 (MCL 389.142), as amended by 1984 PA 299.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

The following bill was read a third time:

Senate Bill No. 4, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11514a.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senators A. Smith, Stille, Steil, Gast, Bullard, Schuette, Hoffman, Rogers, Dunaskiss, Bouchard, Gougeon, Cisky, Geake, North, Emmons, Hart, Conroy, DeBeaussaert, Young, Peters, Byrum, Vaughn, O'Brien, Cherry, V. Smith, McManus and Schwarz moved that they be named co-sponsors of the following bill:

Senate Bill No. 4

The motion prevailed.

 

 

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

The motion prevailed.

Senator Bennett's statement is as follows:

I'd like to bring to the body's attention today that we are going to be losing a very valued employee today, Caroline Weber. She is going to work for the Michigan Municipal League as a legislative associate. She has worked for the Senate for ten years, first in the Secretary of the Senate's Office and then in the Senate Majority Communications Office. While in the Communications Office Caroline wrote for myself, Senators Geake, Bullard, North and Emmons and did an excellent job and we will truly miss her. Please join me in wishing Caroline the best in her new job at the Michigan Municipal League.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senator Stallings entered the Senate Chamber.

 

 

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

Senate Resolution No. 20

Senate Concurrent Resolution No. 11

Senate Concurrent Resolution No. 18

Senate Concurrent Resolution No. 19

Senate Concurrent Resolution No. 20

Senate Concurrent Resolution No. 21

Senate Concurrent Resolution No. 22

The motion prevailed.

 

 

Senate Concurrent Resolution No. 13.

A concurrent resolution approving a general form of lease between the State of Michigan and the State Building Authority, relative to furnishings and equipment to be leased to the State of Michigan.

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senate Concurrent Resolution No. 14.

A concurrent resolution to express support for the American Forest and Paper Association's Sustainable Forestry Initiative.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

 

 

Senate Concurrent Resolution No. 28.

A concurrent resolution to dissolve the K.I. Sawyer Base Conversion Authority.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

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

 

 

Senate Resolution No. 32.

A resolution commemorating April 19, 1997, as NetDay in Michigan.

The question being on the adoption of the resolution,

Senator Dunaskiss offered the following amendment:

The amendment was adopted.

Senator Dunaskiss offered the following amendment:

The amendment was adopted.

The resolution, as amended, was adopted.

Senators Hoffman and Dunaskiss were named co-sponsors of the resolution.

 

 

Senate Resolution No. 38.

A resolution to urge the Department of Transportation to begin work on the priority projects outlined in the governor's proposed budget.

The question being on the adoption of the resolution,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Berryman, under his constitutional right of protest (Art. IV, Sec. 18), protested against the adoption of Senate Resolution No. 38 and moved that the statement he made during the discussion of the resolution be printed as his reasons for voting "no."

The motion prevailed.

Senator Berryman's statement is as follows:

I want to talk about the resolution as, I think, one more piece of propaganda than anything based in fact. It's just going to generate some press releases. The Senator from the 30th District, when he talked about that it's our turn to get the money, I believe it was the same gentleman who got up and spoke and said that it was fair.

You talk about fair, let's talk about per capita. When he said that, I wanted to make sure so I went back and looked. We talk about per capita. We talk about where revenue comes from. Even in the most current fiscal year '94-'95, on estimated revenue collected by the state of Michigan, the single county that brings in more money than any other county in the state of Michigan is still Wayne County. Almost 50 percent of the revenue that comes into the state of Michigan's coffers comes from Wayne, Oakland and Macomb. Almost 50 percent comes from those three counties. Kent County, which has four of the locations on this resolution, contributes about 6 percent of the revenue. I think the roads all over the state are bad. They're bad in Kent County, but they're bad in Lenawee County and they're bad in Wayne, Oakland and Macomb Counties.

I don't think that we should be continually trying to divide up the state and say we want our share, or we think what is our fair share, or it's about time we got what we deserved. I think we should remember in this Chamber a little bit of history. It was southeastern Michigan that was the fuel that generated the economic engine in the state of Michigan. Many of the things that we received in Lenawee County, certainly western Michigan, northern Michigan in the U.P. were accomplished through the revenue generated in southeastern Michigan. Just recently in the last 15 to 20 years it's been very popular to beat up on southeastern Michigan, because politically, again, it's a good thing to do. It's an easy thing to do. But we should remember our history--that it was southeastern Michigan that fueled the economy in the state of Michigan. Still, today, again almost 50 percent of their total revenue generated in the state of Michigan comes from Wayne, Oakland and Macomb Counties. Other than an Ambassador Bridge, there isn't anything on this resolution for Wayne, Oakland or Macomb Counties.

 

By unanimous consent the Senate returned to the order of

 

 

The following bill was read a third time:

Senate Bill No. 21, entitled

A bill to define certain crimes against prenatal children; to define and allow certain practices; and to prescribe certain penalties.

The question being on the passage of the bill,

Senator Van Regenmorter offered the following substitute:

Substitute (S-8).

The question being on the adoption of the substitute,

Senator Van Regenmorter offered the following amendments to the substitute:

The amendments to the substitute were adopted.

The substitute, as amended, was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

A bill to define certain crimes against pregnant women; to define and allow certain practices; and to prescribe certain penalties.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

 

 

Senators North, Miller, Emmons, McManus, Bouchard, Gougeon, Bennett, Bullard, Steil, Stille, Schuette, Stallings, Hart, Schwarz and Geake moved that they be named co-sponsors of the following bill:

Senate Bill No. 21

The motion prevailed.

 

 

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

The motion prevailed.

Senator Peters' statement is as follows:

I'd like to thank the sponsor of this bill, the Chair of the Judiciary Committee, Senator Van Regenmorter, for working with me on the substitute. Certainly it's a very difficult issue for all of us and it tends to be one that polarizes both sides of the debate and it's very difficult to find any kind of middle ground. This substitute is certainly not perfect and I wouldn't stand up here and say it's perfect for my side of the issue. I'm sure Senator Van Regenmorter wouldn't say it was perfect for his side of the issue as well. But we were brought together by a common concern for pregnant women and the fact that they could suffer a very tragic loss if they're a victim of a crime while carrying a child.

This is an attempt to find some of that middle ground. It certainly can be debated as to whether or not we are indeed at the middle. I think it is a first step in showing that two sides that tend to be very polarized can work together. I would encourage my colleagues to support this amendment, the substitute and the bill.

Senator Byrum's statement is as follows:

I have a special retirement in my office today, and since we had interrupted the debate to introduce former State Representative Joe Forbes, I thought I would continue with a presentation since Joe and his wife Dee are here today, in honor of my employee Mary Keyes who is retiring from my office.

Mary was born and raised in Lansing and her career in the Michigan Legislature has covered a period of 32 years. On January 13, 1965 Mary went to work for Senator Bernard O'Brien. After a short leave to raise her family, she returned to the Michigan House to work for William B. Fitzgerald from 1971 through 1974 and remained on his staff when he was elected to the Michigan Senate in 1974. Then in 1979 Mary joined Senator Mitch Irwin and worked with him until 1990. That's when I came on the scene. Mary returned to the Michigan House of Representatives and came to work in my office. Mary has been with me from day one.

Mary concludes her successful career as my secretary and that career has spanned the governorships of George Romney, William Milliken, James Blanchard and John Engler. No other legislator or employee currently in the legislature was here before Mary Keyes. We are seeing the end of an era in legislative service. With the retirement of Mary the Michigan Legislature and the citizens of the state of Michigan are losing an exemplary professional. Colleagues know Mary as a conscientious, diligent and committed employee. To her many friends, she is compassionate, loyal and dependable. Whatever the relationship, we are privileged to be associated with Mary. In honor of Mary's retirement I'm holding a reception this afternoon from 4 p.m. to 6 p.m. It's going to be on the 4th floor of the Capitol Building. I encourage my colleagues and staff in your offices to please come and say goodbye to Mary Keyes. Will Mary please rise so my colleagues in the Senate may recognize and pay tribute to her.

 

Senator Hoffman's statement is as follows:

In the past year we've been honored in this Chamber to have the services of one of our Senate Pages, Shulawn Scott. Shulawn is from Jackson and she has served our Chamber faithfully over the past year. She's a student at Michigan State University and here very shortly, over the Senate recess, she will be completing her term as a Senate Page. I would like to thank Shulawn for her faithful service to us. My only regret is that she can't continue on. I'd like to give her this seal and thank her for her service on behalf of the Michigan Senate.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senators Bennett, Stille, Steil, Gougeon, Van Regenmorter, DeGrow and Geake introduced

Senate Bill No. 341, entitled

A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and section 3 (MCL 252.303) and by adding section 4a.

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

 

 

Senators Miller, Byrum, DeBeaussaert, Carl, V. Smith, Hoffman, Peters, A. Smith, Stille, North, Young, Bullard and Stallings introduced

Senate Bill No. 342, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 411h and 411i (MCL 750.411h and 750.411i), section 411h as added by 1992 PA 260 and section 411i as added by 1992 PA 261.

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

 

 

Senators A. Smith and DeBeaussaert introduced

Senate Bill No. 343, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 21004, 21051, and 21053c (MCL 333.21004, 333.21051, and 333.21053c), sections 21004 and 21051 as amended by 1982 PA 354 and section 21053c as added by 1996 PA 515, and by adding sections 21052a, 21052b, 21052c, 21052d, 21052e, 21053d, and 21095.

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

 

 

Senators Hart, Cherry, Conroy and Young introduced

Senate Bill No. 344, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Committee on Gaming and Casino Oversight submits the following:

Meeting held on Monday, March 24, 1997, at 1:00 p.m., Rooms 111 and 112, 3838 Livernois, Troy, Michigan

Present: Senators Bouchard, Rogers, Schuette and V. Smith

Excused: Senator Koivisto

 

 

 

The Michigan Trial Court Assessment Commission submits the following:

Meeting held on Friday, March 21, 1997, at 10:00 a.m., 8th Floor Conference Room, Farnum Building

Present: Senator Dingell

Excused: Senator Van Regenmorter

 

 

 

 

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:19 a.m.

 

Pursuant to House Concurrent Resolution No. 31, the President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, April 15, at 10:00 a.m.