The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

 

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

 

 

 

 

Senator Loren N. Bennett of the 8th District offered the following invocation:

Heavenly Father, thank You for bringing us together today to serve the people of Michigan. Please grant us the wisdom, patience and compassion to carry out our responsibilities. Help us to serve the people in such a way that we bring honor and glory to Your name. Amen.

 

 

 

 

 

 

Senator Schwarz moved that the Senate recess until 10:30 a.m.

The motion prevailed, the time being 10:02 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Binsfeld.

 

During the recess, Senators Emmons, Schuette, Van Regenmorter, Hoffman, Geake, North and Shugars entered the Senate Chamber.

 

 

 

 

Senator Schwarz moved that the Senate recess until 10:45 a.m.

The motion prevailed, the time being 10:31 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Binsfeld.

 

During the recess, Senators Cisky, Steil and DeGrow entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senator Emmons introduced

Senate Bill No. 708, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27 (MCL 211.27), as amended by 1994 PA 415.

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

 

 

Senators Gast, McManus, Emmons, Koivisto, Stille, Geake, North, Bennett, A. Smith, Berryman, Conroy, DeBeaussaert and Steil introduced

Senate Bill No. 709, entitled

A bill to authorize, describe, and regulate civil charitable trusts.

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

 

 

Senators Steil and Bennett introduced

Senate Bill No. 710, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 31 of chapter 2 (MCL 141.631), as amended by 1988 PA 120, and by adding section 67 to chapter 2.

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

 

 

Senators Bennett and Steil introduced

Senate Bill No. 711, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 31 of chapter 2 (MCL 141.631), as amended by 1988 PA 120, and by adding section 67 to chapter 2.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following communications were received:

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Transportation Department, Bureau of Highways, pertaining to Advertising Adjacent to Highways, dated June 30, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Community Health Department, Health Legislation and Policy Development, pertaining to Blood Lead Analysis Reporting, dated June 24, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Treasury Department, pertaining to Michigan Education Trust, dated July 30, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of the administrative rules from the Natural Resources Department, Law Enforcement Division, pertaining to Local Watercraft Control, dated July 25, 1997.

 

 

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of the administrative rules from the Community Health Department, Health Legislation and Policy Development, pertaining to General Rules, Dated June 25, 1997.

 

 

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee extended the time for consideration of Trans. No. 97-51, submitted by the Department of State Police, Alcohol Enforcement Unit, pertaining to Drunk Driving Prevention Equipment and Training Fund, to November 28, 1997.

The communications were referred to the Secretary for record.

 

 

 

The Joint Committee on Administrative Rules submits the following:

Meeting held on Wednesday, September 24, 1997, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators North (C), Dingell and Byrum

Absent: Senators Schwarz and Van Regenmorter

The following communication was received:

Enclosed is a copy of the following audit report and/or executive digest:

Performance and financial related audit of the Motorcycle Safety Education Program and the Motorcycle Safety Fund, Departments of Education and State, October 1, 1994 through September 30, 1996.

The communication was referred to the Secretary for record.

 

 

Pursuant to rule 3.203, the Majority Leader made the following committee reassignment:

Senate Bill No. 719

The bill was referred to the Committee on Appropriations.

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 25:

 

The Secretary announced the printing and placement in the members' files on Thursday, September 25 of:

 

The Secretary announced the printing and placement in the members' files on Monday, September 29 of:

 

 

 

 

The following message from the Governor was received on September 26, 1997, and read:

 

 

 

Whereas, research scientists in Michigan, across the United States, and around the world are rapidly identifying the location, composition, and function of the approximately 100,000 genes that comprise the human genome. New genes are being identified at the rate of two per week, and discoveries concerning their actions and interactions between each other and environmental factors are being made almost daily; and

Whereas, the new knowledge gained from genetic research has complex moral, ethical, legal, and social implications for individuals and organizations in society; the pace of this knowledge growth threatens to exceed our capacity to cope with these implications; and

Whereas, the genetic makeup of an individual is unique, permanent by nature, and contains a vast amount of information about the individual encoded into the DNA contained in every cell of an individual's body. Small samples of this DNA may be used to make an infinite number of copies, and further analysis of this DNA may be used to reveal personal information about the individual; and

Whereas, there are true benefits to be derived from genetic technology and genetic information including the ability to detect, prevent, and reduce disease and disability, the ability to identify perpetrators of violent crimes and to exonerate the innocent, and the ability to enhance the health of the public; and

Whereas, there are real risks related to the abuse of genetic information and genetic technology including the violation of personal privacy or discrimination in areas such as employment, health care, health care insurance, and government record keeping; and

Whereas, Article I, Section 2 of the Constitution of the State of Michigan of 1963 guarantees Michigan citizens the equal protection of the laws of this state and requires the Michigan legislature to implement this protection through legislation. It is a necessary and appropriate function of state government to study and develop policies to prevent genetic discrimination and to regulate the uses of genetic information.

5. The Commission may apply for, receive, and expend monies from any source, public or private, including but not limited to gifts, grants, donations of monies and government appropriations. The Commission may also accept donations of labor, services, or other things of value from any public or private agency or person. The Commission may expend monies for its operations and contract for the services of such staff, agents, and consultants as it deems necessary to fulfill its responsibilities.

6. Prior to the first meeting of the Commission, the chair of the Commission shall notify members of the time and location of the first meeting of the Commission, establish the agenda for the first meeting, provide members of the Commission with any preparatory materials for the first meeting and make any other arrangements necessary for the start-up of the Commission.

7. The Department, or a non-profit corporation established by the Department pursuant to Act No. 264 of the Public Acts of 1989, shall provide management-related functions to the Commission including, but not limited to, contract management, personnel, accounting, and procurement services.

8. The Commission shall regularly report on its progress to the Governor or his designee.

9. The Commission shall consult with legislative committees having jurisdiction over policy areas relevant to the Commission's recommendations.

E. Miscellaneous Provisions:

1. A member of the Commission and persons acting in the name of or on behalf of the Commission shall discharge the duties of their positions in a nonpartisan manner, with good faith and with that degree of diligence, care, and skill which an ordinarily prudent person would exercise under similar circumstances in a like position.

2. All departments, boards, commissions or officers of the state or of any political subdivision of the state shall give to the Commission, or to any member or agent thereof, any necessary assistance required by the Commission, or any agent of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his or her duties; free access shall also be given to any books, records or documents in its, his or her custody, relating to matters within the scope of the inquiry, study or investigation of the Commission.

3. Members of the Commission, a work group established by the Commission, and any staff, agents, or consultants to the Commission shall make themselves available to testify before the legislature, as necessary, to effect the enactment of the Commission's recommended policies into law.

The provisions of this Executive Order shall become effective upon filing.

The Executive Order was referred to the Secretary for record.

 

 

The following message from the Governor was received on September 29, 1997, and read:

 

 

Whereas, it is incumbent upon Michigan's public education system to provide all students with the educational opportunities that will allow them to succeed in their chosen careers and become life-long learners; and

Whereas, many of the career opportunities our young people will choose in the future will require mastery of academic and technical knowledge and skills that may be obtained through various types of educational programs, including experience based learning; and

Whereas, Michigan employers continue to identify high-skilled, high-salaried careers with potential for advancement for which they cannot find qualified candidates; and

Whereas, parents and students need accurate and timely information about career opportunities and educational options in order to make informed decisions among the alternatives available to them; and

Whereas, parents and students have a right to know whether Michigan's public education programs are meeting quality standards; and

Whereas, Article V, Section 1, of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor.

Now, Therefore, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

In this Order the following definitions shall apply except where the context clearly requires a different definition.

The Council for Career Preparation Standards is hereby established within the Michigan Jobs Commission and is charged with setting career competency standards, maintaining an information system regarding employment opportunities and providing public information on career preparation opportunities in Michigan. Business and industry, education, labor and parents will be represented on the Council.

The Council shall consist of twenty-one (21) members, appointed by the Governor in the following manner:

This Executive Order shall become effective upon filing.

The Executive Order was referred to the Secretary for record.

 

 

 

 

Senate Bill No. 118, entitled

A bill to amend 1984 PA 192, entitled "Forbes mechanical contractors act," by amending section 10 (MCL 338.980), as amended by 1989 PA 105.

The House of Representatives has amended the bill as follows:

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 of the bill.

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

 

 

Senate Bill No. 119, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 3 (MCL 338.883), as amended by 1992 PA 130.

The House of Representatives has amended the bill as follows:

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 of the bill.

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

 

 

Senate Bill No. 120, entitled

A bill to amend 1929 PA 266, entitled "An act to protect the health, and promote the safety and welfare of the people, by regulating the installation, alteration, maintenance, improvement and inspection of plumbing; to define plumbing and the classification of plumbers; to provide for the issuing of licenses and permits pertaining thereto and the disposition of moneys derived therefrom; to create a plumbing board, and to prescribe its powers and duties; to authorize cities, villages and townships to adopt and enforce certain standards; to establish remedies and fix penalties for violation of the provisions of this act," by amending section 8 (MCL 338.908), as amended by 1989 PA 106.

The House of Representatives has amended the bill as follows:

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. 178, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 1996 PA 300, and by adding section 147a.

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

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

 

 

 

 

 

 

 

 

 

 

 

Senator Young offered the following resolution:

Senate Resolution No. 95.

A resolution to commemorate October 30, 1997, as the "7th Annual Angels Night Out" in Detroit.

Whereas, In the past several years, the image of Halloween as a time of innocent fun and youth-oriented antics has been shattered in cities across the country. The night before Halloween has become a nightmare of arson, vandalism and lawlessness. Michigan's largest city, Detroit, has been especially vulnerable to this destruction. Indeed, for several years, media attention has been focused on Detroit, as flames have seared the city's image across our country; and

Whereas, True to Detroit's history of rising out of the ashes of despair, the people of this city have made major strides in combating this situation. Thousands upon thousands of individuals, families, churches and community groups have come together in a wonderful sense of neighborliness to establish a new, positive tradition. This tradition is "Angels Night Out." The Motor City Blight Busters are the proud sponsors of the "7th Annual Angels Night Out." Once again thousands of committed volunteers will take to the streets to work together to create a presence that discourages arson, senseless destruction of property and crime, and keep the Devil out of Angels Night. Indeed, they are heroes in every sense of the word and we thank them for their dedication to making "Angels Night Out" the new Detroit tradition on the night before Halloween. "Angels Night Out" provides us with an opportunity to honor and extend our gratitude to all of the programs, organizations and individuals who work so hard throughout the year in support of strengthening and revitalizing the city of Detroit; and

Whereas, Equally important in the observance of "Angels Night Out" are the strengthening friendships of neighbors who realize the wonderful things that can be accomplished when caring people work together to replace the demons of the night with hope and friendship. It is our sincerest hope that other communities around the nation can follow this wonderful example; now, therefore, be it

Resolved by the Senate, That we commemorate October 30, 1997, as "Angels Night Out" in Detroit and give praise to all the dedicated volunteers for their efforts in making this annual event a success; and be it further

Resolved, That a copy of this resolution be transmitted to the Motor City Blight Busters, coordinators of this impressive undertaking, as evidence of our admiration.

 

 

 

 

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

The motion prevailed, the time being 11:03 a.m.

 

 

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

 

 

 

 

Senator DeGrow moved that the Senate recess until 4:30 p.m.

The motion prevailed, the time being 11:07 a.m.

 

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

 

 

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

The motion prevailed, the time being 4:31 p.m.

 

 

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

By unanimous consent the Senate returned to the order of

 

 

Senate Bill No. 165, entitled

A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 1998, to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and September 30, 1998 conditions relating to the appropriations; and to provide for the expenditure of appropriations.

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

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

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

 

 

 

 

Legislative Council - Thursday, October 30, at 12:30 p.m., Rooms 402 and 403, Capitol Building (3-0212).

 

Legislative Retirement Board of Trustees Subcommittee on Insurance Issues - Wednesday, October 1, at 3:30 p.m., Room 601, Romney Building (3-0835).

 

Local, Urban and State Affairs Committee - Wednesday, October 8, at 1:00 p.m., Room 100, Farnum Building (3-1635).

 

Trial Court Assessment Commission - Friday, October 17, at 10:00 a.m., 8th Floor Conference Room, Farnum Building (3-7000).

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 5:07 p.m.

 

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, October 1, at 10:00 a.m.