No. 58

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Tuesday, September 21, 1999.

 

10:00 a.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--presentHammerstrom--presentRogers--present
Bullard--presentHart--presentSchuette--present
Byrum--presentHoffman--presentSchwarz--present
Cherry--presentJaye--presentShugars--present
DeBeaussaert--presentJohnson--presentSikkema--present
DeGrow--presentKoivisto--presentA. Smith--present
Dingell--presentLeland--presentV. Smith--present
Dunaskiss--presentMcCotter--presentSteil--present
Emerson--presentMcManus--presentStille--present
Emmons--presentMiller--presentVan Regenmorter--present
Gast--presentMurphy--presentVaughn--present
Goschka--presentNorth--presentYoung--present

Gougeon--present Peters--present

 

 

Mike Winter, Executive Director of Christian Businessmen's Committee (CBMC) of Mid-Michigan, offered the following invocation:

I want to begin with a reading from Luke 22. A dispute arose among the disciples as to which of them was considered to be the greatest. Jesus said to them, "The kings of people lorded over them, and those who exercise authority called themselves benefactors. But you are not to be like that. Instead, the greatest among you should be like the least, and the one who rules like the one who serves."

O God, thank You this morning that we can gather first under the name of Jesus Christ, and in His name, we pray that we be public servants. I pray that these people of Yours serve You and the people of Michigan.

Lord, I pray their recess was refreshing. Now, Lord, I ask that You give them wisdom like You gave the men of Issachar, who understood the times and knew what Israel should do. Lord, give them wisdom. I pray for a spirit of unity as well. Lord, may there be conciliation among these members of the Senate.

Thank You for this opportunity to recognize You. Fill their hearts and minds with a servant heart and wisdom from above. In Jesus' name. Amen.

 

 

Motions and Communications

 

 

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

May 20, 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 11:25 a.m. this date, administrative rule (99-05-1) for the Department of State Police, Traffic Services Section, entitled "Safety Belts and Restraining Devices," effective 15 days hereafter.

 

 

June 14, 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 1:07 p.m. this date, administrative rule (99-06-1) for the Department of Environmental Quality, Land and Water Management Division, entitled "Inland Lakes and Streams," effective 15 days hereafter.

 

 

June 22, 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 11:40 a.m. this date, administrative rule (99-06-2) for the Department of Treasury, Michigan Higher Education Student Loan Authority, entitled "Michigan Alternative Student Loan Program," effective 15 days hereafter.

 

 

July 2, 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 10:57 a.m. this date, administrative rule (99-07-1) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 13, Mobile Equipment," effective 15 days hereafter.

 

 

July 12, 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 11:10 a.m. this date, administrative rule (99-07-2) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 55 - Explosives and Blasting Agents," effective 15 days hereafter.

 

 

July 12, 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 11:12 a.m. this date, administrative rule (99-07-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 6 - Personal Protective Equipment," effective 15 days hereafter.

July 16, 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 11:08 a.m. this date, administrative rule (99-07-4) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Ski Area Safety Rules," effective 15 days hereafter.

 

 

August 3, 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 10:50 a.m. this date, administrative rule (99-08-1) for the Department of Consumer and Industry Services, Director's Office, entitled "Accounting," effective 15 days hereafter.

 

 

August 3, 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 10:52 a.m. this date, administrative rule (99-08-2) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 91. Process of Highly Hazardous Chemicals," effective 15 days hereafter.

 

 

August 3, 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 10:54 a.m. this date, administrative rule (99-08-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 91. Process Safety Management of Highly Hazardous Chemicals," effective 15 days hereafter.

 

 

August 3, 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 10:56 a.m. this date, administrative rule (99-08-4) for the Department of Consumer and Industry Services, Director's Office, entitled "Process Safety Management of Highly Hazardous Chemicals," effective 15 days hereafter.

 

 

August 11, 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 10:25 a.m. this date, administrative rule (99-08-5) for the Department of Environmental Quality, entitled "Water Resources Protection - Groundwater Quality Part 22," effective 15 days hereafter.

 

 

August 17, 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 11:10 a.m. this date, administrative rule (99-08-7) for the Department of Agriculture, Animal Industry Division, entitled "Bodies of Dead Animals," effective 15 days hereafter.

 

 

August 17, 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 11:12 a.m. this date, administrative rule (99-08-8) for the Department of Environmental Quality, Storage Tank Division, entitled "Part 215, Underground Storage Tank Financial Assurance," effective 15 days hereafter.

 

 

August 19, 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 3:45 p.m. this date, administrative rule (99-08-9) for the Department of Natural Resources, Law Enforcement Division, entitled "Watercraft Control - Lake Macatawa R 281.770.2," effective 15 days hereafter.

August 30, 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 1:30 p.m. this date, administrative rule (99-08-10) for the Department of Community Health, Health Legislation and Policy Development, entitled "Lead Hazard Remediation," effective 15 days hereafter.

 

 

September 7, 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 11:40 a.m. this date, administrative rule (99-09-1) for the Department of Consumer and Industry Services, Bureau of Regulatory Services, entitled "Adult Foster Care - Contested Case Hearings," effective 15 days hereafter.

 

 

September 10, 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 (99-09-2) for the Department of Consumer and Industry Services, Director's Office, entitled "Board of Dentistry," effective 15 days hereafter.

 

 

September 10, 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 11:08 a.m. this date, administrative rule (99-09-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Board of Physical Therapy," 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:

Ottawa County Michigan Works!

June 15, 1999

Copies of the following information regarding the proposed JTPA services for Ottawa County Michigan Works! Agency are available for your review and comment by contacting the MWA office:

1) IIA Plan, Period 07/01/99 - 06/30/2000

Narrative, Budget Information, Participant Plan Summary

2) IIC Plan, Period 07/01/99 - 06/30/2000

Narrative, Budget Information, Participant Plan Summary

3) EDWAAA Plan, Period 07/01/99 - 06/30/2000

Narrative, Budget Information, Participant Plan Summary

4) IIB SYETP Plan, Period 10/01/98 - 09/30/99

Narrative, Budget Information, Participant Plan Summary

5) 5% Older Worker Plan, Period 07/01/99 - 6/30/2000

Narrative, Budget Information, Participant Plan Summary

6) 8% Plan, Period 07/01/99 - 06/30/2000

Narrative, Budget Information

Budget Information and Participant Plan Summaries reflect PY99 allocations for Ottawa County and anticipated participants to be served.

Performance Standards for IIA, IIC, and EDWAAA will be calculated as further information is provided by Michigan Department of Career Development. If you wish to receive the Performance Standards as they become available, please contact this office.

For further information or to comment on the proposed plans, contact Mary Kay Schoon at 616/393-5618.

Sincerely,

Cathy Simons

Director

The communication was referred to the Secretary for record.

The following communication was received:

Lansing Tri-County Michigan Works!

June 16, 1999

As required by the Michigan Department of Career Development, Michigan Works! - Lansing Tri-County has submitted PY99-2000 grant application packages for JTPA Titles IIA, IIC, and Title III (EDWAAA), and FY 99 Title IIB SYETP. The grant applications include narrative and forms which indicate Michigan Works! - Lansing Tri-County's strategy for providing JTPA funded services to the Lansing tri-county area.

Announcements of the Michigan Works! Agency Job Training Plans are included with this letter. The plans are available for review and comment at the Consortium office at 1850 W. Mt. Hope Avenue, between the hours of 8:00 a.m. and 4:30 p.m. Comments for all titles must be submitted to the Consortium by June 25, 1999.

If you have questions or comments concerning the Job Training Plans, please contact Edythe Hatter-Williams, Planning Specialist, at 487-0106, extension 117.

Sincerely,

Michael A. Quinn

Executive Director

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Office of the Auditor General

June 25, 1999

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

Financial Audit, Including the Provisions of the Single Audit Act, of the Department of Community Health, October 1, 1995, through September 30, 1997.

 

 

July 1, 1999

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

Performance Audit of Brooks Correctional Facility and Muskegon Temporary Facility, Department of Corrections, July 1999.

 

 

July 2, 1999

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

Performance Audit of the Commission on Spanish-Speaking Affairs, Department of Civil Rights, July 1999.

 

 

July 2, 1999

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

Performance Audit of the Michigan Commission on Indian Affairs, Department of Civil Rights, July 1999.

 

 

July 2, 1999

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

Performance Audit of the Michigan Women's Commission, Department of Civil Rights, July 1999.

 

 

July 9, 1999

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

Performance Audit of the Emergency Management Division, Michigan Department of State Police, July 1999.

 

 

July 23, 1999

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

Financial Audit, including the Provisions of the Single Audit Act, of the Department of Natural Resources, October 1, 1995, through September 30, 1997.

 

 

August 3, 1999

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

Performance Audit of the Financial Institutions Bureau, Department of Consumer and Industry Services, August 1999.

August 12, 1999

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

Performance and Financial Related Audit of Information Technology Management Services, Family Independence Agency, October 1, 1996, through September 30, 1998.

 

 

August 17, 1999

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

Performance Audit of the Alger Maximum Correctional Facility and Camp Cusino, Department of Corrections, August 1999.

 

 

August 19, 1999

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

Performance Audit of Driver Safety Programs, Department of Education and Department of State, August 1999.

 

 

August 20, 1999

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

Performance Audit of the Closure of Joseph M. Snyder Macomb-Oakland Regional Center, Department of Community Health, August 1999.

 

 

August 31, 1999

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

Performance Audit of the Federal Cash Management Improvement Act Program, Department of Treasury, August 1999.

 

 

September 2, 1999

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

Performance Audit of the Bureau of Epidemiology, Department of Community Health, September 1999.

 

 

September 9, 1999

Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six-month period ended March 31, 1999.

If you have questions regarding this report, please call me; Michael J. Mayhew, C.P.A., Director of Audit Operations; or Michael R. Becker, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.

 

 

September 15, 1999

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

Performance Audit of the Ionia Correctional Facilities, Department of Corrections, September 1999.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

 

 

The following communications were received:

State Budget Office

June 29, 1999

Transmitted under this cover is a schedule entitled "Statement of Revenue Subject to Constitutional Limitation - Legal Basis." The statement is submitted pursuant to Section 18.1350 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for fiscal year 1997-98.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant's review is enclosed.

If you have questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.

June 29, 1999

This letter transmits the "Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government - Legal Basis" for fiscal year 1997-98, which has been prepared in accordance with Sections 18.1115(6), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.

The computed percentage of total state spending from state sources paid to local governments for fiscal year 1997-98 is 62.43%, which is 13.46% in excess of the minimum required 48.97%.

The statement has been reviewed by the Office of the Auditor General and copy of their independent accountant's review letter is enclosed.

If you have questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.

Sincerely,

Mary A. Lannoyne

State Budget Director

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Department of Consumer and Industry Services

July 1, 1999

In accordance with Public Act 304 of 1982, the attached 1998 Annual Report of the Michigan Utility Consumer Representation Fund is transmitted to the Legislature.

The state's largest public utilities were required, pursuant to this Act, to pay a total of $848,500 to fund intervention in selected gas cost recovery (GCR) and electric power system cost recovery (PSCR) proceedings before the Michigan Public Service Commission. The assessments upon the utilities are recognized by the PSC as a cost of service for rate making purposes. Thus, the funds forwarded by the utilities originate from ratepayers, not utility investors.

In 1998 grant recipients funded by the Utility Consumer Participation Board reported savings to ratepayers of $21,000,000. These actions were the results of intervention efforts either by the grantees alone or in conjunction with other parties.

Half of the funds received by the Board are allocated by statute to the Office of Attorney General, while the remaining half is made available for competitive grants to non-profit organizations seeking to intervene in GCR and PSCR matters before the PSC. In 1998 the Board awarded $384,800 for intervention and awarded $403,037.50 to the Attorney General for his participation in matters jurisdictional to P.A. 304.

Since the passage of P.A. 304 there have been some significant developments regarding GCRs and PSCRs. Within the past two years, the PSC has suspended the operation of GCRs for Michigan Consolidated Gas and Consumers Energy. The PSC also has suspended PSCRs for Consumers Energy and Edison Sault Electric, while a request for suspension by Detroit Edison was filed and withdrawn, but may be filed again.

The Board suspects that this outcome was not envisioned by the Legislature when it constructed Act 304. It may be that you will want to look into this matter before the next round of grant applications is solicited in April, 2000.

Sincerely,

Utility Consumer Participation Board

Matthew E. McLogan, Chairman

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Department of Environmental Quality

July 1, 1999

I am pleased to present the report on Pollution Prevention (P2) Impacts and Costs of Materials Accounting (MA) and Toxics Use Reporting (TUR) Programs of Other States and the Federal Government. This report is being submitted to the Governor and the Legislature in accordance with Section 14510(2) of Part 145, Waste Reduction Assistance, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

The report evaluates mandated MA and TUR programs of the states of Massachusetts and New Jersey (the two states that have these programs) and the federal government. The report looks at the impact of these programs on fostering P2 and the cost of the programs. This report defines TUR as the amount of toxic chemicals imported, produced, processed, or otherwise used at the facility. MA is used to describe a method of reporting the collection and analysis of the input and output of toxic chemicals at a facility.

I trust the members of the Senate will find this report informative. If you have comments or questions about this report, please contact Mr. Paul Zugger, Chief, Environmental Assistance Division, at 517-241-0490, or you may contact me.

Sincerely,

Russell J. Harding

Director

(517) 373-7917

The communication was referred to the Secretary for record.

 

 

The following communications were received:

Department of Consumer and Industry Services

July 6, 1999

Pursuant to Section 328 of P.A. 104 of 1997, we are enclosing a copy of the fire safety inspection report on Adrian Training Facility, #CA46031, 2300 North Adrian Highway, Adrian, Michigan 49221. This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

 

 

July 6, 1999

Pursuant to Section 328 of P.A. 104 of 1997, we are enclosing a copy of the Special Investigation Report #8C011301100 conducted at Green Oak Center, 9036 East M. 36, Whitmore Lake, Michigan 48989. This investigative report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

 

 

August 9, 1999

Pursuant to Section 324 of P.A. 306 of 1998, we are enclosing copies of Special Investigation Report(s) #9C0115009 conducted at Shawono Center, 10 North Howes Lake Road, Grayling, Michigan 49738, and #9C011306 conducted at Huron Center, 9036 East M-36, Whitmore Lake, Michigan 48189. Also enclosed are interim evaluations for Shawono Center and Bay Pines. These investigative reports/evaluations were performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

 

 

August 25, 1999

Pursuant to Section 324 of P.A. 306 of 1998, we are enclosing copies of:

1. Special Investigation Report #7C0201005 conducted at W.J. Maxey Training School - Olympic Center CA47019.

2. Approval of Corrective Action Plan conducted at W.J. Maxey Training School - Summit Center CA47020.

These investigative reports/evaluations were performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

 

 

September 14, 1999

Pursuant to Section 324 of P.A. 306 of 1998, we are enclosing copies of:

1. Special Investigation Report No. 8C02160008 conducted at Northwest Youth Reception Center, Detroit, Michigan.

2. Special Investigation Report No. 9C0216014 conducted at Northwest Youth Reception Center, Detroit, Michigan.

3. Approval Study Report No. CA47021 conducted at Sequoyah Center/W.J. Maxey Training School, Whitmore Lake, Michigan.

4. Special Investigation Report No. 9C0115002 conducted at Sequoyah Center, Whitmore Lake, Michigan.

These investigative reports/evaluations were performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communications were referred to the Secretary for record.

The following communication was received:

Michigan Supreme Court

July 20, 1999

Enclosed please find the 1998 Citizen Advisory Committee Annual Report to the Legislature.

Public Act 366 of 1996 established Citizen Advisory Committees in each county. Among the statutory duties of citizen advisory committees is the requirement of submitting an annual report of activities. The act also requires the Friend of the Court Bureau of the State Court Administrative Office to prepare an evaluative summary of the activities and functioning of each citizen advisory committee; the aggregate of all citizen advisory committees; and identification of problems that impede the efficiency and functioning of the citizen advisory committees. We have developed a report on the activities of Citizen Advisory Committees as a supplement to the Annual Grievance Report that was previously submitted to the Legislature. Both the grievance report and the executive summary include information gathered in a one-year period ending in December of each year.

The State Court Administrative Office, Friend of the Court Bureau provides technical assistance to citizen advisory committees. This includes development of an informational brochure, telephone consultations with committee members and others, regular contact with county executives and boards of commissioners. The Bureau also developed annual reporting forms for use by the citizen advisory committees for their activities.

Also included in the executive summary is a copy of Public Act 551 allowing Citizens Advisory Committees access to Friend of the Court files.

This office welcomes any questions or suggestions regarding the status of citizen advisory committees or the evaluative summary.

Sincerely,

John D. Ferry, Jr.

State Court Administrator

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Department of Environmental Quality

July 27, 1999

I am submitting a list of nine research projects approved for funding under the Michigan Great Lakes Protection Fund in compliance with Act 156 of the Public Acts of 1989. Section 10.(1) of the Act requires that this list be submitted annually to the legislature.

These projects were recommended by the Michigan Great Lakes Protection Fund Technical Advisory Board after extensive review. Funding for these projects was approved under the Department's FY 1999 appropriations. Also enclosed is a listing of the criteria used in assigning priority to the projects.

If you have any questions, please contact Mark Coscarelli at 335-4227, or you may contact me.

Sincerely,

G. Tracy Mehan, III, Director

Office of the Great Lakes

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Berrien-Cass-Van Buren Michigan Works!

August 20, 1999

In accordance with state requirements, Michigan Works! is required to make available and publish job training plans to community-based organizations, local educational and other public agencies in the Michigan Works! Service Delivery Area. Please review the summaries enclosed with this letter.

If you have any questions or comments feel free to contact the Michigan Works! Berrien-Cass-Van Buren office. Information for the complete plan and request for alternate formats, such as large print, audio tape, etc. can be obtained by contacting Michigan Works! Berrien-Cass-Van Buren, 185 East Main Street, Benton Harbor, Michigan 49022, call (800) 533-5800, or visit our web-site: http://www.omw.org.

Sincerely,

Patti Holden

Contract and Compliance Officer

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Public Policy Associates Incorporated

September 3, 1999

I herewith submit the report of the Boating Access Site Advisory Committee, as mandated by Public Act 210 of 1998.

The complexity of issues and concerns surrounding boating access sites prompted the formation of a public boating access site advisory committee (BASAC) in accordance with Public Act 210 of 1998, which I sponsored. The committee was charged with advising the Michigan Department of Natural Resources (MDNR), the Legislature, and the Michigan State Waterways Commission on the state's method of acquiring and operating public boating access sites by reviewing and making recommendations regarding current methods. The committee devised additional recommendations, as provided by P.A. 210. The advisory committee consisted of 18 members representing the boating industry, recreational users, riparian owners, local public officials who have public boating access sites within their local unit of government, higher education, and the general public.

On behalf of BASAC, I proudly submit the enclosed final report that is the result of three committee meetings, and collaborative revision and editing. The recommendations in this final report were reached by consensus at the third committee meeting and through compromise by all the diverse organizations involved. However, the recent Supreme Court decision on Burt Township versus the MDNR ultimately impacted some members' willingness to support the previously formed consensus on the recommendations presented in the report.

Since consensus dissolved after the Supreme Court decision, all members were invited to attach letters explaining their positions, commenting on the report's content, discussing the process involved in developing the report, and recommending any other specific changes to or improvements in the boating access site policymaking process. I am extremely pleased that the result of this process is 14 of the 18 members lending their support to the report and uniting in their efforts to significantly impact the future of boating access site policy.

We hope that this final report is carefully reviewed and its recommendations are seriously considered during the policy and decision-making process regarding boating access site issues in the future.

Sincerely,

Penny M. Crissman

Former State Representative, 45th District

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Department of Treasury

September 3, 1999

Public Act 77 of 1960, as amended, requires that the Michigan Higher Education Assistance Authority submit an annual report to the Governor and the Legislature. Enclosed, for your review, is the Annual Report for 1997-98 of both the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority.

Sincerely,

H. Jack Nelson

Executive Director

The communication was referred to the Secretary for record.

 

 

The Secretary announced that pursuant to rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from January 1, 1999, through March 31, 1999, and are available in the Secretary's office during business hours for public inspection:

Committee Chairperson

Appropriations Senator Harry Gast

Economic Development, International Trade and Senator Bill Schuette

Regulatory Affairs

Education Senator Loren Bennett

Families, Mental Health and Human Services Senator Joel Gougeon

Families, Mental Health and Human Services Senator Beverly Hammerstrom

Farming, Agribusiness and Food Systems Senator George McManus

Finance Senator Joanne Emmons

Financial Services Senator Dan DeGrow on behalf of
Senator Michael Bouchard

Financial Services Senator Joanne Emmons

Gaming and Casino Oversight Senator Dan DeGrow on behalf of

Senator Michael Bouchard

Government Operations Senator Bill Bullard

Health Policy Senator Dale Shugars

Human Resources, Labor, Senior Citizens and Veterans Affairs Senator Mike Rogers

Hunting, Fishing and Forestry Senator Dave Jaye

Judiciary Senator William Van Regenmorter

Local, Urban and State Affairs Senator Thaddeus McCotter

Natural Resources and Environmental Affairs Senator Loren Bennett

Natural Resources and Environmental Affairs Senator Ken Sikkema

Reapportionment Senator Bill Schuette

Technology and Energy Senator Mat Dunaskiss

Appropriations Subcommittee on Community Health Senator Dan DeGrow on behalf of

Senator Robert Geake

Appropriations Subcommittee on Corrections Senator Dan DeGrow on behalf of

Senator Jon Cisky

Appropriations Subcommittee on School Aid Senator Leon Stille

Appropriations Subcommittee on Transportation Senator Phil Hoffman

 

 

The Secretary announced that pursuant to rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from April 1, 1999, through June 30, 1999, and are available in the Secretary's office during business hours for public inspection:

Committee Chairperson

Appropriations Senator Harry Gast

Economic Development, International Senator Bill Schuette

Trade and Regulatory Affairs

Education Senator Joanne Emmons

Education Senator Loren Bennett

Families, Mental Health and Human Senator Beverly Hammerstrom

Services

Farming, Agribusiness and Food Systems Senator George McManus

Finance Senator Joanne Emmons

Financial Services Senator Bill Bullard

Financial Services Senator Joanne Emmons

Gaming and Casino Oversight Senator Thaddeus McCotter

Government Operations Senator Bill Bullard

Health Policy Senator Dale Shugars

Human Resources, Labor, Senior Citizens and Veterans Affairs Senator Mike Rogers

Hunting, Fishing and Forestry Senator Dave Jaye

Judiciary Senator William Van Regenmorter

Local, Urban and State Affairs Senator Thaddeus McCotter

Natural Resources and Environmental Affairs Senator Ken Sikkema

Reapportionment Senator Bill Schuette

Technology and Energy Senator Mat Dunaskiss

Transportation and Tourism Senator Bill Bullard

Appropriations Subcommittee on Higher Senator John Schwarz

Education

Appropriations Subcommittee on School Aid Senator Leon Stille

Appropriations Subcommittee on Transportation Senator Phil Hoffman

Appropriations Subcommittee on Retirement Senator Leon Stille

The Secretary submitted, pursuant to Senate Rule 1.208, the following report on out-of-state travel by Members on Legislative business for the quarter ending June 30, 1999:

 

Senator Joanne Emmons May 6-7 Attend NCSL Assembly on Federal $ 850.60

Issues Spring Meeting

Washington, DC

 

Senator Beverly Hammerstrom June 4-6 Attend NCSL Health and Human $ 208.00

Services Chairs Conference

Washington, DC

Senator George Hart April 9-11 Attend NCSL Assembly on State $ 537.76

Issues Spring Meeting

Jacksonville, FL

 

Senator Virgil Smith April 9-11 Attend NCSL Assembly on State $ 726.26

Issues Spring Meeting

Jacksonville, FL

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, June 17:

House Bill No. 4656

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 17, for his approval the following bills:

Enrolled Senate Bill No. 559 at 2:04 p.m.

Enrolled Senate Bill No. 570 at 2:06 p.m.

Enrolled Senate Bill No. 569 at 2:08 p.m.

Enrolled Senate Bill No. 586 at 2:10 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 22, for his approval the following bills:

Enrolled Senate Bill No. 493 at 12:18 p.m.

Enrolled Senate Bill No. 543 at 12:20 p.m.

Enrolled Senate Bill No. 557 at 12:22 p.m.

Enrolled Senate Bill No. 560 at 12:24 p.m.

Enrolled Senate Bill No. 567 at 12:26 p.m.

Enrolled Senate Bill No. 568 at 12:28 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 23, for his approval the following bills:

Enrolled Senate Bill No. 556 at 2:29 p.m.

Enrolled Senate Bill No. 492 at 2:31 p.m.

Enrolled Senate Bill No. 566 at 2:33 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 24, for his approval the following bills:

Enrolled Senate Bill No. 51 at 3:02 p.m.

Enrolled Senate Bill No. 68 at 3:04 p.m.

Enrolled Senate Bill No. 183 at 3:06 p.m.

Enrolled Senate Bill No. 206 at 3:08 p.m.

Enrolled Senate Bill No. 371 at 3:10 p.m.

Enrolled Senate Bill No. 396 at 3:12 p.m.

Enrolled Senate Bill No. 466 at 3:14 p.m.

Enrolled Senate Bill No. 496 at 3:16 p.m.

Enrolled Senate Bill No. 546 at 3:18 p.m.

Enrolled Senate Bill No. 573 at 3:20 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 28, for his approval the following bills:

Enrolled Senate Bill No. 357 at 1:26 p.m.

Enrolled Senate Bill No. 303 at 1:28 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 30, for his approval the following bill:

Enrolled Senate Bill No. 369 at 3:38 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, July 6, for his approval the following bill:

Enrolled Senate Bill No. 544 at 11:50 a.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, July 7, for his approval the following bills:

Enrolled Senate Bill No. 361 at 3:50 p.m.

Enrolled Senate Bill No. 370 at 3:52 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Friday, July 9, for his approval the following bills:

Enrolled Senate Bill No. 306 at 1:19 p.m.

Enrolled Senate Bill No. 364 at 1:21 p.m.

Enrolled Senate Bill No. 366 at 1:23 p.m.

Enrolled Senate Bill No. 343 at 1:25 p.m.

Enrolled Senate Bill No. 344 at 1:27 p.m.

Enrolled Senate Bill No. 346 at 1:29 p.m.

Enrolled Senate Bill No. 347 at 1:31 p.m.

Enrolled Senate Bill No. 348 at 1:33 p.m.

Enrolled Senate Bill No. 488 at 1:35 p.m.

Enrolled Senate Bill No. 489 at 1:37 p.m.

Enrolled Senate Bill No. 507 at 1:39 p.m.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, July 13, for his approval the following bills:

Enrolled Senate Bill No. 79 at 4:50 p.m.

Enrolled Senate Bill No. 365 at 4:52 p.m.

Enrolled Senate Bill No. 368 at 4:54 p.m.

Enrolled Senate Bill No. 372 at 4:56 p.m.

 

 

The Secretary announced the printing and placement in the members' files on Tuesday, June 29 of:
Senate Bill Nos.652653654655656657658659660661 662663664665
667668669670671672673674675676677678679680
House Bill Nos.47964797479847994800480148024804480548064807480848094810
4811481248134814481548164817481848194820482148224823
4824482548264827482848294830483148324833

House Joint Resolution K

 

 

The Secretary announced the printing and placement in the members' files on Wednesday, June 30 of:

Senate Bill No. 666

House Bill No. 4803

 

 

Senator Emerson entered the Senate Chamber.

 

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

The motion prevailed.

 

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

The motion prevailed.

 

Senator Murphy entered the Senate Chamber.

Messages from the Governor

 

 

The following messages from the Governor were received:

Date: June 17, 1999

Time: 3:39 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 381 (Public Act No. 62), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 10205.

(Filed with the Secretary of State on June 17, 1999, at 4:13 p.m.)

Respectfully,

Richard E. Posthumus

Lieutenant and Acting Governor

 

 

Date: June 24, 1999

Time: 10:00 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 155 (Public Act No. 64), being

An act 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 15d of chapter IV (MCL 764.15d), as added by 1987 PA 256.

(Filed with the Secretary of State on June 24, 1999, at 2:33 p.m.)

 

 

Date: June 25, 1999

Time: 1:55 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 528 (Public Act No. 67), being

An act 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 17 of chapter XVII (MCL 777.17), as added by 1998 PA 317.

(Filed with the Secretary of State on June 25, 1999, at 4:32 p.m.)

 

 

Date: June 28, 1999

Time: 12:20 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 51 (Public Act No. 71), being

An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending section 613a (MCL 168.613a), as amended by 1995 PA 87.

(Filed with the Secretary of State on June 28, 1999, at 4:01 p.m.)

 

 

Date: June 28, 1999

Time: 1:25 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 556 (Public Act No. 73), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 204a, 219, 233, 258, 303, 310d, 321a, 323, 602a, 605, 619, 625, 625g, 625h, 727c, 732, 904, 904c, and 904e (M.C.L. 257.204a, 257.219, 257.233, 257.258, 257.303, 257.310d, 257.321a, 257.323, 257.602a, 257.605, 257.619, 257.625, 257.625g, 257.625h, 257.727c, 257.732, 257.904, 257.904c, and 257.904e), sections 204a, 219, 233, and 323 as amended by 1998 PA 346, sections 258 and 602a as amended by 1998 PA 347, section 303 as amended by 1998 PA 351, sections 310d and 321a as amended by 1998 PA 343, section 625 as amended by 1998 PA 350, section 625g as amended by 1994 PA 450, section 625h as amended by 1996 PA 59, section 727c as amended by 1983 PA 172 section 732 as amended by 1999 PA 21, section 904 as amended by 1998 PA 342, section 904c as added by 1998 PA 359, and section 904e as added by 1998 PA 358.

(Filed with the Secretary of State on June 28, 1999, at 4:05 p.m.)

Date: June 28, 1999

Time: 1:27 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 557 (Public Act No. 74), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 7408a (MCL 333.7408a), as added by 1993 PA 361.

(Filed with the Secretary of State on June 28, 1999, at 4:07 p.m.)

 

 

Date: June 28, 1999

Time: 1:29 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 558 (Public Act No. 75), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and 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 8511 (MCL 600.8511), as amended by 1996 PA 79.

(Filed with the Secretary of State on June 28, 1999, at 4:09 p.m.)

 

 

Date: June 28, 1999

Time: 1:31 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 559 (Public Act No. 76), being

An act 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 1 of chapter I and sections 1e, 9c, and 9f of chapter IV (MCL 761.1, 764.1e, 764.9c, and 764.9f), section 1 of chapter I as amended by 1998 PA 520, section 1e of chapter IV as added by 1980 PA 506, section 9c of chapter IV as amended by 1984 PA 366, and section 9f of chapter IV as amended by 1998 PA 264; and to repeal acts and parts of acts.

(Filed with the Secretary of State on June 28, 1999, at 4:11 p.m.)

 

 

Date: June 28, 1999

Time: 1:33 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 560 (Public Act No. 77), being

An act to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 3 (MCL 28.243), as amended by 1989 PA 97.

(Filed with the Secretary of State on June 28, 1999, at 4:13 p.m.)

 

 

Date: June 28, 1999

Time: 1:44 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 492 (Public Act No. 80), being

An act to amend 1986 PA 32, entitled "An act to provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA 36, and by adding section 605.

(Filed with the Secretary of State on June 28, 1999, at 4:19 p.m.)

 

 

Date: June 28, 1999

Time: 1:46 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 493 (Public Act No. 81), being

An act to amend 1986 PA 32, entitled "An act to provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

(Filed with the Secretary of State on June 28, 1999, at 4:21 p.m.)

 

 

Date: June 28, 1999

Time: 1:52 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 151 (Public Act No. 83), being

An act to amend 1951 PA 35, entitled "An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts," by amending section 5 (MCL 124.5), as amended by 1988 PA 36.

(Filed with the Secretary of State on June 28, 1999, at 4:25 p.m.)

 

 

Date: June 28, 1999

Time: 2:10 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 566 (Public Act No. 85), being

An act to amend 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe penalties and sanctions," by amending sections 2, 3, 4, 5, 7, 8, 9, and 10 (MCL 28.722, 28.723, 28.724, 28.725, 28.727, 28.728, 28.729, and 28.730), section 3 as amended by 1995 PA 10 and sections 7, 8, and 10 as amended by 1996 PA 494, and by adding sections 5a, 8a, and 8b.

(Filed with the Secretary of State on June 28, 1999, at 4:29 p.m.)

 

 

Date: June 28, 1999

Time: 2:12 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 567 (Public Act No. 86), being

An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 1998 PA 478.

(Filed with the Secretary of State on June 28, 1999, at 4:31 p.m.)

 

 

Date: June 28, 1999

Time: 2:14 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 568 (Public Act No. 87), being

An act 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 sections 1 and 16a of chapter IX (MCL 769.1 and 769.16a), section 1 of chapter IX as amended by 1998 PA 520 and section 16a of chapter IX as amended by 1993 PA 85.

(Filed with the Secretary of State on June 28, 1999, at 4:33 p.m.)

Date: June 28, 1999

Time: 2:16 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 569 (Public Act No. 88), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 307 (MCL 257.307), as amended by 1998 PA 330.

(Filed with the Secretary of State on June 28, 1999, at 4:35 p.m.)

 

 

Date: June 28, 1999

Time: 2:18 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 570 (Public Act No. 89), being

An act to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1998 PA 118.

(Filed with the Secretary of State on June 28, 1999, at 4:37 p.m.)

 

 

Date: June 28, 1999

Time: 2:20 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 571 (Public Act No. 90), being

An act 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 11 of chapter XVII (MCL 777.11), as added by 1998 PA 317.

(Filed with the Secretary of State on June 28, 1999, at 4:39 p.m.)

 

 

Date: June 30, 1999

Time: 10:15 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 586 (Public Act No. 91), being

An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state

departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 531 (MCL 436.1531), as amended by 1998 PA 416.

(Filed with the Secretary of State on June 30, 1999, at 4:01 p.m.)

 

 

Date: July 1, 1999

Time: 2:40 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 369 (Public Act No. 96), being

An act to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(Filed with the Secretary of State on July 1, 1999, at 4:11 p.m.)

 

 

Date: July 1, 1999

Time: 2:42 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 543 (Public Act No. 97), being

An act to repeal 1953 PA 140, entitled "An act to increase the efficiency of the military establishment; and to repeal certain acts and parts of acts," (MCL 32.261 to 32.262).

(Filed with the Secretary of State on July 1, 1999, at 4:13 p.m.)

 

 

Date: July 6, 1999

Time: 10:08 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 496 (Public Act No. 99), being

An act to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

(Filed with the Secretary of State on July 6, 1999, at 3:46 p.m.)

 

 

Date: July 6, 1999

Time: 11:50 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 573 (Public Act No. 100), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending sections 37c and 37d (MCL 208.37c and 208.37d), as amended by 1996 PA 470.

(Filed with the Secretary of State on July 6, 1999, at 3:48 p.m.)

Date: July 6, 1999

Time: 12:56 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 303 (Public Act No. 101), being

An act to amend 1986 PA 268, entitled "An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates," by amending section 203 (MCL 4.1203).

(Filed with the Secretary of State on July 6, 1999, at 3:50 p.m.)

 

 

Date: July 6, 1999

Time: 1:02 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 183 (Public Act No. 103), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1309.

(Filed with the Secretary of State on July 6, 1999, at 3:54 p.m.)

 

 

Date: July 6, 1999

Time: 1:04 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 206 (Public Act No. 104), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1311a.

(Filed with the Secretary of State on July 6, 1999, at 3:56 p.m.)

 

 

 

Date: July 7, 1999

Time: 11:15 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 396 (Public Act No. 105), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business

activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," (MCL 205.51 to 205.78) by adding section 4s.

(Filed with the Secretary of State on July 7, 1999, at 4:10 p.m.)

 

 

Date: July 7, 1999

Time: 11:25 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 546 (Public Act No. 107), being

An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 90g.

(Filed with the Secretary of State on July 7, 1999, at 4:14 p.m.)

 

 

Date: July 8, 1999

Time: 10:05 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 371 (Public Act No. 110), being

An act to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

(Filed with the Secretary of State on July 8, 1999, at 11:10 a.m.)

 

 

Date: July 8, 1999

Time: 11:20 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 357 (Public Act No. 112), being

An act to make appropriations for the department of agriculture for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(Filed with the Secretary of State on July 9, 1999, at 2:27 p.m.)

 

 

Date: July 14, 1999

Time: 1:22 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 544 (Public Act No. 116), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 4a, 4g, 4j, and 4q (MCL 205.51, 205.54a, 205.54g, 205.54j, and 205.54q), section 1 as amended by 1998 PA 451, section 4a as amended by 1998 PA 490, section 4g as amended by 1998 PA 60, section 4j as added by 1985 PA 225, and section 4q as added by 1998 PA 258, and by adding sections 4r, 4t, 4u, 4v, 4w, 4y, and 4z.

(Filed with the Secretary of State on July 14, 1999, at 4:21 p.m.)

Date: July 15, 1999

Time: 11:06 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 306 (Public Act No. 118), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 307, 315, and 319 (MCL 257.307, 257.315, and 257.319), section 307 as amended by 1998 PA 330 and section 319 as amended by 1998 PA 347, and by adding section 50a.

(Filed with the Secretary of July 19, 1999, at 3:16 p.m.)

 

 

Date: July 19, 1999

Time: 2:40 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 79 (Public Act No. 120), being

An act 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, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

(Filed with the Secretary of State on July 20, 1999, at 9:59 a.m.)

 

 

Date: July 21, 1999

Time: 2:45 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 370 (Public Act No. 121), being

An act to make appropriations for the department of natural resources for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(Filed with the Secretary of State on July 21, 1999, at 3:16 p.m.)

 

 

Date: July 21, 1999

Time: 2:50 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 361 (Public Act No. 122), being

An act to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2000; 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.

(Filed with the Secretary of State on July 21, 1999, at 3:18 p.m.)

 

 

Date: July 21, 1999

Time: 4:20 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 366 (Public Act No. 124), being

An act 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,

2000; 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, 2000; 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.

(Filed with the Secretary of State on July 23, 1999, at 11:55 a.m.)

 

 

Date: July 22, 1999

Time: 11:20 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 343 (Public Act No. 127), being

An act to create an urban homestead program; to permit certain local governmental units or nonprofit community organizations to create and administer urban homestead programs; to prescribe the powers and duties of certain state entities and local governmental units; and to provide for the disposition of personal and real property.

(Filed with the Secretary of State on July 23, 1999, at 12:01 p.m.)

 

 

Date: July 22, 1999

Time: 12:30 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 344 (Public Act No. 128), being

An act to create an urban homestead program for single-family public housing; to provide that certain local governmental units, public housing entities, nonprofit community organizations, and certain state entities create and administer urban homestead programs for single-family public housing; to prescribe the powers and duties of certain state and local governmental units, public housing entities, and nonprofit community organizations; and to provide for the disposition of personal and real property.

(Filed with the Secretary of State on July 23, 1999, at 12:03 p.m.)

 

 

Date: July 22, 1999

Time: 12:32 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 346 (Public Act No. 129), being

An act to create an urban homestead program for certain vacant land; to empower certain local governmental units to create and administer urban homestead programs for vacant land; to prescribe the powers and duties of certain state and local governmental units; and to provide for the disposition of personal and real property.

(Filed with the Secretary of State on July 23, 1999, at 12:05 p.m.)

 

 

 

Date: July 22, 1999

Time: 12:35 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 347 (Public Act No. 130), being

An act to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies," by amending section 44b (MCL 125.694b).

(Filed with the Secretary of State on July 23, 1999, at 12:07 p.m.)

 

 

Date: July 22, 1999

Time: 12:40 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 348 (Public Act No. 131), being

An act to amend 1966 PA 346, entitled "An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments in lieu of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act," by amending section 22 (MCL 125.1422), as amended by 1998 PA 33.

(Filed with the Secretary of State on July 23, 1999, at 12:09 p.m.)

 

 

Date: July 22, 1999

Time: 12:45 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 488 (Public Act No. 132), being

An act to provide for the identification, inspection, and certification of abandoned property; to prescribe certain duties for certain local units of government and county treasurers; to provide for certain administration and collection fees; and to facilitate the return of abandoned tax delinquent property to productive use.

(Filed with the Secretary of State on July 23, 1999, at 12:11 p.m.)

 

 

Date: July 22, 1999

Time: 12:48 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 489 (Public Act No. 133), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act," (MCL 211.1 to 211.157) by adding sections 79 and 79a.

(Filed with the Secretary of State on July 23, 1999, at 12:13 p.m.)

Date: July 22, 1999

Time: 12:50 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 507 (Public Act No. 134), being

An act to allow local units of government to obtain clear title to property previously acquired through the tax reversion process; to provide due process to those persons with a prior recorded interest in that property; to allow local units of government to reduce the backlog of tax reverted property; and to facilitate the return of tax reverted property to productive use.

(Filed with the Secretary of State on July 23, 1999, at 12:15 p.m.)

Respectfully,

John Engler

Governor

 

 

APPROPRIATIONS; MILITARY AND VETERANS AFFAIRS

 

July 1, 1999

Today I have signed Enrolled Senate Bill 369, the Fiscal Year 2000 appropriations bill for the Department of Military and Veterans Affairs.

This bill will complete the Fiscal Year 2000 budget for the Department of Military and Veterans Affairs. My action today:

* Contains $2 million general fund creating a tuition assistance program. The program is designed to offset tuition costs for National Guard members enrolled in any course of instruction offered at Michigan colleges and universities.

* Provides $2.8 million, including $840,000 state commitment, for the ChalleNGe program, creating a new bootcamp type program to serve high school drop-outs between the ages of 16 and 18 as part of a nationwide effort to make the National Guard a more active presence in the community through assistance to at-risk youth.

* Increases state funding for veterans' service organizations by 3 percent with special consideration for the advocacy efforts of the American Legion.

* Provides state funding to assist county veterans' counselors in attending training programs sponsored by the Veterans' Affairs Directorate.

This bill supports the operations of the Department of Military and Veterans Affairs for Fiscal Year 2000. I commend the Legislature for its prompt action and cooperation in completing this budget.

 

 

APPROPRIATIONS; STATE POLICE

 

July 8, 1999

Today I have signed Enrolled Senate Bill 371, the Fiscal Year 2000 appropriations bill for the Department of State Police. This bill will complete the Fiscal Year 2000 budget for the Department of State Police. My action today:

* Contains funding for a trooper recruit school, beginning in August 2000, resulting in 1,031 enlisted men and women trained during the past eight years.

* Increases funding for secondary road patrol grants to county sheriff departments by $1.3 million, a 61 percent increase since 1990.

* Includes $1 million for additional detectives, increasing investigations of child protective service cases, incidents occurring within Department of Corrections facilities and other crimes against Michigan citizens.

* Provides $339,400 general fund for the Uniform Services program, relieving troopers and sergeants of clerical tasks, allowing more involvement in community policing and improving supervision of new recruits.

* Includes full-year costs for casino gaming oversight responsibilities of the Criminal Investigations unit.

This bill supports the operations of the Department of State Police for Fiscal Year 2000. I commend the Legislature for its cooperation in completing this budget.

 

 

APPROPRIATIONS; AGRICULTURE

 

July 8, 1999

Today I have signed Enrolled Senate Bill 357, the Fiscal Year 2000 appropriations bill for the Department of Agriculture. My action today:

* Increases second-year funding of Project GREEEN (Generating Research and Extension to meet Economic and Environmental Needs) to $6.1 million aimed at producing innovative solutions to emerging plant agriculture issues.

* Contains $60,000 for Future Farmers of America, a 50 percent increase in state support for awards and leadership activities directed by Michigan State University to encourage farming and agriculture as a career.

* Provides $550,000 for migrant labor housing construction grants, helping farmers to provide adequate housing for migrant labor farm families.

* Commits an additional $100,000 of state support to promote the export of Michigan food and agricultural products.

* Provides state funding to assist Michigan's apple industry in investigating unfair dumping, particularly of Chinese frozen apple concentrate, which is eroding a valuable market for Michigan producers.

* Adds $303,100 for food safety inspection efforts, allowing consumer access to food safety information by automating inspection systems.

* Increases state funding for the Michigan Food Bank Council by 4 percent for processing donated food for distribution.

* Contains $7.9 million for local health department food safety activities, a 3% increase, aligning dollars and expertise to help improve inspection services and reinforce consistent food safety standards.

* Includes $11.5 million in restricted funds for horse racing regulation and equine industry events.

* Continues state support of fair premiums at county and state fair events.

The legislature added $1.5 million for an environmental technology research grant earmarked for the Michigan Biotechnology Institute (MBI). I anticipate that this will be the last year of this type of state support. In order to assist MBI in a gradual progression to self-sufficiency, the Department of Agriculture will consider dispersing Fiscal Year 2000 funds over a multi-year period. I also encourage MBI to maximize the receipt of federal revenue support and to compete for future funds through the Health and Aging Research and Development Fund included in the Fiscal Year 2000 Strategic Fund budget.

I commend the Legislature for its action in funding critical food safety and agricultural programs contained in Enrolled Senate Bill 357.

 

 

APPROPRIATIONS; CAREER DEVELOPMENT AND STRATEGIC FUND

 

July 19, 1999

Today I have signed Enrolled Senate Bill 79, the Fiscal Year 2000 appropriations for the Department of Career Development and the Michigan Strategic Fund.

My action today provides substantial new funding for a number of critical job training, economic development and philanthropic programs. The bill includes a $50 million appropriation for the Health and Aging Research and Development Initiative. The appropriation marks the first year of a long-term state investment in the development of new life sciences technologies. Funded by the tobacco settlement the Initiative consists of three components: 40 percent to be distributed to a Basic Research fund, 50 percent to the Collaborative Research and Development Fund with emphasis on testing and developing emerging discoveries, and 10 percent to a Commercialization Development Fund to start up companies and ensure that they form and grow in Michigan.

The bill also includes the following:

* Michigan Technical Education Centers - A one time $75 million appropriation, funded with tobacco settlement revenues, to support technical education centers.

* Focus HOPE - State funding for this organization is consolidated in the Department of Career Development budget. The total appropriation for Fiscal Year 2000 is $5.5 million, a $1 million increase from the current year.

* Council of Michigan Foundations - Tobacco Settlement interest earnings generated by the portion of the settlement not deposited in the Merit Award Trust Fund are appropriated to this Council to support local efforts to address youth and senior needs.

* Work First - In order to assist families to obtain better paying jobs, new language allows Work First participants to count time spent on education and training toward their work requirement.

Legislative action in these areas will help insure that Michigan's economy will remain vibrant and that our citizens will continue to have access to excellent job opportunities. I commend the Legislature for its work on these important budgets.

 

 

APPROPRIATIONS; NATURAL RESOURCES

 

July 21, 1999

Today I have signed Enrolled Senate Bill 370, the Fiscal Year 2000 appropriations bill for the Department of Natural Resources. This bill will complete the Fiscal Year 2000 budget for the Department of Natural Resources. My action:

* Provides $26.3 million, a $2.5 million increase, for general law enforcement, expanding the number of conservation officer positions by 4 percent and providing in-car computers that create mobile offices and improve security for conservation officers through voiceless communication.

* Contains an additional $2.3 million for an improved forest inventory system, collecting vital data on all state forests every five years and using current scientific data to make forest management decisions that enhance the quality and revenue-generating potential of state-owned forest lands.

* Includes $1.3 million for the Cooperative Resource program, creating a public/private partnership with soil conservation districts for technical assistance to private landowners aimed at reclaiming and revitalizing urban, suburban and rural landscapes.

* Allows for accelerated replacement of forest fire equipment and enhanced fire suppression capability, to protect our precious forest resources and neighboring communities.

* Addresses public safety concerns of abandoned mine shafts by continuing $350,000 in state support to restrict access or cap abandoned mine shafts in northern Michigan.

* Contributes $250,000 in grant funding to offset the costs to communities in remediating threats to public health and safety on tax-reverted properties.

* Boosts recreational enforcement activities through additional grants to counties for marine safety, off-road vehicle trail improvement and snowmobile law enforcement.

* Benefits local roads and schools by returning $2.8 million collected from the sale of timber on federal forestland back to the counties from which the timber was harvested.

This bill supports the operations of the Department of Natural Resources for Fiscal Year 2000. I commend the Legislature for its cooperation in completing this budget and urge similar bipartisan support in completing action on Fiscal Year 2000 funding for the Clean Michigan Initiative programs.

 

 

APPROPRIATIONS; CONSUMER AND INDUSTRY SERVICES

 

July 21, 1999

Today I have signed Enrolled Senate Bill 361, containing Fiscal Year 2000 appropriations for the Department of Consumer and Industry Services.

My action today:

* Exemplifies Michigan's commitment to the highest quality of care for nursing home residents by providing $10,000,000 for Nursing Home Quality Incentive Grants.

* Provides $21.5 million for continued support of statewide arts and cultural grants awarded through the Michigan Council for Arts and Cultural Affairs.

* Increases funding to ensure that all Michigan residents are served by qualified Emergency Medical Services personnel.

* Adds $241,000 to the Office of Fire Safety to reduce unnecessary construction delays and fire safety citations.

* Enhances other ongoing efforts to improve quality of life for long term care residents with an additional $1.6 million for new nursing home inspectors.

I commend the Legislature for its responsible actions on these budgets.

 

 

APPROPRIATIONS; GENERAL GOVERNMENT

 

July 21, 1999

Today I have signed Enrolled Senate Bill 366, the Fiscal Year 2000 General Government budget bill, which provides funding for the departments of Attorney General, Civil Rights, Civil Service, Management and Budget, State and Treasury, the Executive Office, Legislature, Legislative Auditor General, and Library of Michigan.

This bill:

* Provides $1,462.5 million in state revenue sharing payments to local units of government and fully funds the new revenue sharing formula. All communities will receive revenue sharing increases equal to the statutory 8% cap, with the exception of Detroit. Detroit's share is frozen at $334 million a year for 8 and one-half years as a result of the new formula.

* Includes $6.5 million in special census revenue sharing payments to local units of government.

* Appropriates $5.0 million for implementation of the tax technology investment plan. The tax technology investment plan will provide greater consistency and fairness in tax administration, improved customer service, added revenue collections and a better information base for tax policy considerations.

* Provides a total of $14.3 million for the Legislative Auditor General, including $14.1 million for base operations, $118,000 for the Auditor General's salary and $128,200 for unclassified positions.

* Provides $2.5 million to the Department of State for operational costs of the recently enacted repeat offender program. This program expects to limit repeat offender access to vehicles, provides tougher consequences, provides uniform licensing actions and mandatory treatment and provides for evaluation of the program.

* Includes $2.0 million for administration of the Michigan merit award program.

* Senior citizens cooperative housing payments are increased by $900,000.

This action completes the Fiscal Year 2000 General Government appropriation that assures continuation of essential state services. I commend the Legislature for its timely work on this important bill.

Sincerely,

John Engler

Governor

 

 

The following message from the Governor was received on June 30, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 5

 

Michigan Insurance Bureau

Bureau of Workers' Disability Compensation

Michigan Department of Consumer and Industry Services

 

Executive Reorganization

 

Whereas, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization or in the assignment of functions among its units that he considers necessary for efficient administration; and

Whereas, the Bureau of Workers' Disability Compensation of the Department of Consumer and Industry Services is the primary state department with regulatory responsibility for the Michigan's workers' compensation program pursuant to Act No. 317 of the Public Acts of 1969, being Section 418.101 et seq. of the Michigan Compiled Laws; and

Whereas, since the inception of workers' compensation self-insurance in the state of Michigan from its creation by the legislature, through 1998, the Bureau of Workers' Disability Compensation has had sole responsibility for the regulation of both individual self-insured employers and self-insured employer groups; and

Whereas, self-insured group funds consist of employers in the same industry that jointly and severally guarantee payment of workers' compensation benefits to employees of members of the fund that are injured in the course of their employment, and public employers of the same type of unit that jointly guarantee payment; and

Whereas, the Bureau of Workers' Disability Compensation under the Workers' Compensation Disability Act, Act No. 317 of the Public Acts of 1969, being Section 418.611(b)(2) of the Michigan Compiled Laws, is required to approve such self-insured group funds before they can provide such coverage; and

Whereas, Section 2016 of Act No. 457 of the Public Acts of 1998, being Section 500.2016 of the Michigan Compiled Laws, created in the Insurance Code, provides that certain practices by workers' compensation self-insured group funds are unfair methods of competition and unfair and deceptive acts or practices in the business of insurance; and that enforcement and oversight of these practices would be handled by Michigan Insurance Bureau; and

Whereas, it is organizationally sound and appropriate to continue to concentrate sole regulation of workers' compensation self-insurance and regulation of group funds specifically in the Bureau of Workers' Disability Compensation; and

Whereas, the Bureau of Workers' Disability Compensation can more effectively and efficiently carry out the regulation of workers' compensation group funds and the Insurance Bureau's expertise and oversight is and has historically been restricted to insurance carriers under the Insurance Code; and

Whereas, the Insurance Code, Act No. 218 of the Public Acts of 1956, being Sections 500.2038 and 500.2040 of the Michigan Compiled Laws, provides that the remedy for violation of unfair trade practices as determined by the Insurance Commissioner is revocation of the violator's Certificate of Authority; and

Whereas, such self-insured group funds are not insurance carriers pursuant to the Insurance Code and therefore do not carry on their activities pursuant to insurance authority certificates issued under the Insurance Code; and

Whereas, the Bureau of Workers' Disability Compensation is the proper agency to oversee the determination of such unfair trade practices as applicable to workers' compensation coverage by self-insured group funds as provided in Section 2016 of Act No. 457 of the Public Acts of 1998, being Section 500.2016 of the Michigan Compiled Laws.

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:

All the authority, powers, duties, functions, grants and responsibilities of the Insurance Bureau to determine unfair methods of competition and unfair and deceptive acts or practices as applied to workers' compensation coverage provided through a self-insurer's group, provided for in Act No. 457 of the Public Acts of 1998, being Section 500.2016 of the Michigan Compiled Laws, are hereby transferred to the Bureau of Workers' Disability Compensation.

The Director of the Department of Consumer and Industry Services shall provide executive direction and supervision for the implementation of the transfer.

The Director of the Bureau of Workers' Disability Compensation and the Commissioner of the Insurance Bureau shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Insurance Bureau for the activities, powers, duties, functions and responsibilities transferred by this Order are hereby transferred to the Bureau of Workers' Disability Compensation.

All rules, orders, contracts, grants and agreements relating to the functions transferred to the Bureau of Workers' Disability Compensation lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by the reason of the taking effect of this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 25th day of June, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Committee on Government Operations.

 

 

The following message from the Governor was received on July 22, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 6

 

Conservation Species Advisory Panel

Michigan Department of Agriculture

 

Executive Reorganization

 

Whereas, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, the Conservation Species Advisory Panel was created by Section 9304a of Act No. 463 of the Public Acts of 1998, being Section 324.9304a of the Michigan Compiled Laws; and

Whereas, the Conservation Species Advisory Panel was created within the Department of Agriculture, and empowered to establish a list of conservation species by December 1 of each year for the following calendar year that may be propagated, planted, harvested, sold, or rescued as part of a plant rescue operation; and

Whereas, the list of conservation species will impact Conservation Districts which engage in plant rescue operations and propagate, plant, harvest, and sell conservation species; and

Whereas, Conservation District programs are currently administered by the Department of Agriculture; and

Whereas, the functions, duties and responsibilities assigned to the Conservation Species Advisory Panel can be more effectively organized and carried out by the Director of the Department of Agriculture; and

Whereas, it is necessary in the interest of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

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:

1. All the statutory authority, powers, duties, functions, and responsibilities of the Conservation Species Advisory Panel, as set forth in Section 9304a of Act No. 463 of the Public Acts of 1998, being Section 324.9304a of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Agriculture, by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Complied Laws.

2. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Agriculture shall administer the assigned functions.

3. The Director of the Department of Agriculture shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

4. All records, personnel, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available or to be made available to the Conservation Species Advisory Panel for the activities transferred herein are hereby transferred to the Director of the Department of Agriculture.

5. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or rescinded.

6. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

In fulfillment of the requirements of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective 60 days after filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 21st day of July, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Committee on Government Operations.

 

 

The following message from the Governor was received on July 29, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 7

 

Deferred Compensation Plans

Department of Treasury

Department of Management and Budget

 

Executive Reorganization

 

Whereas, Article V, Section 2, of the Constitution of the state of Michigan empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, Act 306 of the Public Acts of 1976, as amended, being MCL 38.1151, provides that the State Treasurer is responsible for the administration and investment of the deferred compensation plan, which consists of (1) the state of Michigan Deferred Compensation Plan I under Section 457 of the Internal Revenue Code and (2) the Michigan State Employees Deferred Compensation Plan II under Section 401(k) of the Internal Revenue Code (collectively, the "Deferred Compensation Plans"); and

Whereas, Act 234 of the Public Acts of 1992, as amended, being MCL 38.2101 et seq., Act 240 of the Public Acts of 1943, as amended, being MCL 38.1 et seq., and Act 261 of the Public Acts of 1957, as amended, being MCL 38.1001 et seq., provide that the State Treasurer is responsible for administering, investing the assets of, and determining the provisions and procedures of Tier 2 (the "Defined Contribution Plan") for the Judges Retirement System, State Employees Retirement System, and the Legislative Retirement System, respectively; and

Whereas, the state of Michigan has entered into a contract with a third party administrator to provide administration, customer education, enrollment, investment, and recordkeeping services for the Deferred Compensation Plans and the Defined Contribution Plan; and

Whereas, the Department of Management and Budget administers various retirement systems and employee benefits programs for state employees and retirees; and

Whereas, the Deferred Compensation Plans and the Defined Contribution Plan, and any contracts for the provision of services related to the Deferred Compensation Plans and the Defined Contribution Plan, may be more effectively and efficiently administered and coordinated within the Department of Management and Budget; and

Whereas, it is most beneficial to the participants of the Deferred Compensation Plans and the Defined Contribution Plan if the State Treasurer, who is the investment fiduciary for the four state sponsored retirement plans and is also

responsible for the investment functions for various other state operating and trust funds, continues to utilize his investment expertise in overseeing the investment options provided in the Deferred Compensation Plans and the Defined Contribution Plan;

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:

1. Except as provided in Paragraph 3, all the authority, powers, duties, functions, and responsibilities relative to the Deferred Compensation Plans set forth in Act No. 306 of the Public Acts of 1976, as amended, being MCL 38.1151, are hereby transferred from the State Treasurer to the Director of the Department of Management and Budget by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. Except as provided in Paragraph 3, all the authority, powers, duties, functions, and responsibilities relative to the Defined Contribution Plan set forth in Act 234 of the Public Acts of 1992, as amended, being MCL 38.2101 et seq., Act 240 of the Public Acts of 1943, as amended, being MCL 38.1 et seq., and Act 261 of the Public Acts of 1957, as amended, being MCL 38.1001 et seq., are hereby transferred to the Director of the Department of Management and Budget by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being MCL 16.103.

3. The State Treasurer, with the advice of the Department of Management and Budget, shall continue to be responsible for approving the various investment offerings provided to the participants of the Deferred Compensation Plans and the Defined Contribution Plan and for establishing investment guidelines for the stable value fund options and mutual fund options in the Deferred Compensation Plans and the Defined Contribution Plan.

4. All records, personnel, property, and unexpended balances of appropriations, allocations and other used, held, employed, available to or to be made available to the Department of Treasury for the activities, powers, duties, functions and responsibilities transferred by this Order are hereby transferred to the Department of Management and Budget.

5. All rules, orders, contracts, investment contracts, investment guidelines, and other agreements relating to the Deferred Compensation Plans and the Defined Contribution Plan lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

6. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system.

7. The Director of the Department of Management and Budget in cooperation with the State Treasurer shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Management and Budget shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities described by this Order.

8. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

9. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective October 1, 1999.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 28th day of July, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Committee on Government Operations.

 

 

The following message from the Governor was received on July 29, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 8

 

Michigan Commission on Public Pension and

Retiree Health Benefits

 

Whereas, Article IX, Section 24 of the Constitution of the state of Michigan of 1963 provides that the accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby; and further provides that financial

benefits arising on account of services rendered in each fiscal year shall be funded during that year and that such funds are not to be used for financing unfunded accrued liabilities; and

Whereas, the funding, management, oversight, and fiscal integrity of public pension and retirement systems is a matter of paramount public importance which bears directly upon the fiscal integrity of the state and its political subdivisions; and

Whereas, it is an appropriate time to assemble a group of Michigan citizens who have demonstrated particular knowledge of and interest in public pension and retirement systems for the purpose of conducting a comprehensive review of relevant practices and issues.

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 establish the Michigan Commission on Public Pension and Retiree Health Benefits.

The Commission is charged with the following responsibilities:

1. Review those state laws that govern or affect the funding, management, oversight, and fiscal integrity of public pension and retirement systems.

2. Review the adequacy of funding for public pension and retirement systems and the extent of unfunded accrued liabilities.

3. Consider, recommend and report such modifications in state laws governing or affecting public pension and retirement systems as the Commission shall think appropriate in the circumstances.

The Commission shall consist of seven members who shall be appointed by, and serve at the pleasure of, the Governor. The Governor shall appoint one member of the Commission as Chairperson. Members of the Commission shall serve during the existence of the Commission, which shall complete its work not later than one year after the Commission is appointed.

The Commission shall be staffed by personnel within the Department of Treasury, to be designated by the State Treasurer.

All principal departments and other state agencies shall cooperate with the Commission in the performance of its responsibilities. The Commission may request, and principal departments and other state agencies shall provide, such policy and technical information as is required by the Commission in the discharge of its responsibilities.

The Commission may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of and the performance of its duties as the Director of the Department of Treasury may deem advisable and necessary, in accordance with the relevant statutes, rules and procedures of the Civil Service Commission and the Department of Management and Budget.

Members of the Commission shall not receive compensation, but members may receive necessary expenses for the performance of Commission functions, based on existing state rates.

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

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 29th day of July, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

 

 

The following message from the Governor was received on August 20, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 9

 

Indian Affairs Commission

Department of Civil Rights

 

Whereas, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, the Indian Affairs Commission was created by Act No. 195 of the Public Acts of 1972, being Sections 16.711 et seq. of the Michigan Compiled Laws, and is currently located in the Department of Civil Rights pursuant to Executive Order 1991-29; and

Whereas, the state has numerous programs to address the needs of its Indian citizens which are administered by various departments, such as the Michigan Department of Transportation (Disadvantaged Business Enterprise program), the Michigan State Police Forensic Science Division (criminal laboratory services to tribal police), the Department of Community Health (Indian Health Program) and the Department of Consumer and Industry Services (Energy Resource Grants to Native American projects); and

Whereas, the powers, functions, duties and responsibilities of the Indian Affairs Commission and its Executive Director can be more effectively organized and carried out under the direction and supervision of the Director of the Department of Civil Rights; and

Whereas, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

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:

1. All the statutory authority, powers, duties, functions, and responsibilities of the Indian Affairs Commission, including but not limited to those set forth in Act No. 195 of the Public Acts of 1972, being Section 16.711 et seq. of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Civil Rights by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the statutory authority, powers, duties, functions, and responsibilities of the Executive Director of the Indian Affairs Commission, including but not limited to those set forth in Act No. 195 of the Public Acts of 1972, being Section 16.711 et seq. of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Civil Rights by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. The Director of the Department of Civil Rights shall provide executive direction and supervision for the implementation of the transfer.

4. The Executive Director of the Indian Affairs Commission and the Director of the Department of Civil Rights shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Indian Affairs Commission.

5. The Director of the Department of Civil Rights shall administer the transferred powers, duties, functions and responsibilities in such ways as to promote effective administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of the responsibilities prescribed by this Order.

6. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Indian Affairs Commission and the position of Executive Director of the Indian Affairs Commission for the activities, powers, duties, functions and responsibilities transferred by this Order are hereby transferred to the Director of the Department of Civil Rights.

7. All rules, orders, contracts and agreements related to the assigned functions that were lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

8. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

In fulfillment of the requirements of Article V, Section 2 of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective 60 days after filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 20th day of August, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

 

 

The following message from the Governor was received on August 31, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 10

 

Michigan Water Quality Monitoring Advisory Board

Michigan Department of Environmental Quality

 

Whereas, the waters of the state of Michigan are one of the primary natural resources of the state; and

Whereas Michigan has more than 3,000 miles of Great Lakes shoreline, 11,037 inland lakes and 36,350 miles of rivers and streams, and

Whereas, Michigan is surrounded by the Great Lakes, which constitute 18 percent of the world's fresh water and are critical to the health and well being of Michigan residents and the state's economy; and

Whereas, maintaining and improving the quality of these waters is necessary and essential to improve natural resource management, maintain sustainable ecosystems, protect public health and support a healthy economy in Michigan; and

Whereas, Act No. 451 of the Public Acts of 1994, as amended, being Section 324.8801 et seq. of the Michigan Compiled Laws, creates the Clean Water Fund (fund) within the state treasury and directs the Department of Environmental Quality (Department) to expend money in the fund to implement the programs described in the Department's document entitled, "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters," (Monitoring Strategy) dated January 1997; and

Whereas, long-term comprehensive water quality monitoring data is essential to protecting and improving the quality of the state's waters; and

Whereas, a long-term comprehensive water quality monitoring system must be scientifically sound, quality assured, and statistically valid;

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 establish the Michigan Water Quality Monitoring Advisory Board (Board) within the Michigan Department of Environmental Quality.

The Board shall consist of five individuals who have expertise in one or more of the following areas, including, but not limited to:

* Water Quality Monitoring and Ecological Risk Assessment

* Statistics and Experimental Design

* Aquatic and Mammalian Toxicology

* Chemistry

* Aquatic Biology

* Data Management, Quality Assurance, and Quality Control.

Members of the Board shall be appointed by the Governor and shall serve for a term of four years, except that of the members first appointed: one shall serve for a term of two years, two shall serve for a term of three years and two shall serve for a term of four years. The Governor shall appoint one member of the Board as chairperson who shall serve as chairperson at the pleasure of the Governor. Members of the Board may be reappointed.

The Board is charged with the following responsibilities:

1. Advise the Department on issues affecting the implementation of the Monitoring Strategy;

2. Advise the Department on the development of statistically sound sampling designs to collect various types of water quality data;

3. Advise the Department on appropriate methodologies for evaluating temporal and spatial water quality data;

4. Advise the Department on state-of-the-art data management and data communication techniques to ensure that water quality information is easily accessible and communicated in meaningful, understandable and timely ways to intended audiences; and

5. Review and comment on the annual monitoring plans prepared by the Department to implement the Monitoring Strategy.

Members of the Board shall not receive compensation, but members may receive reimbursement for necessary travel and expenses for the performance of Board functions, based on existing state rates.

All departments, boards, commissions or officers of the state or of any political subdivision of the state shall give to the Board, or to any member or agent thereof, any necessary assistance required by the Board, or any agent of the Board, in the performance of the duties of the Board 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 Board.

The Board may adopt rules of procedure, not inconsistent with Michigan law and with this Executive Order, governing its organization and operations. A majority of the serving members constitutes a quorum for the transaction of business at a meeting, notwithstanding the existence of one (1) or more vacancies. Voting upon actions taken by the Board shall be conducted by a majority vote.

The Board shall annually report on its activities to the Governor or his designee.

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

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 31st day of August, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on September 16, 1999, and read:

 

EXECUTIVE ORDER

No. 1999 - 11

 

Michigan Commission on Financing

Postsecondary Education

 

Whereas, the cultural and economic future of Michigan is closely linked to the education and skill levels attained by her citizens, giving the state a vested interest in helping all individuals gain as much knowledge and training as possible; and

Whereas, Michigan residents and their children should not be deterred from pursuing their goals due to the uncertainties related to increasing costs of higher education or postsecondary training in future years; and

Whereas, it is appropriate for the state to seek to provide innovative and flexible financial options that allow Michigan families to plan for future higher education and/or training costs.

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 establish the Michigan Commission on Financing Postsecondary Education (the "Commission").

The Commission is charged with the following responsibilities:

1. Review the availability and flexibility of existing public and private postsecondary financing options for Michigan families planning for future postsecondary training and/or higher education costs.

2. Recommend the development and implementation of additional financing options where unmet needs exist, ensuring proper coordination with existing programs.

The Commission shall consist of five (5) members. The Chairperson of the Commission shall the Lieutenant Governor. The Commission shall be composed of four (4) additional members, who shall be appointed by, and serve at the pleasure of, the Governor. Members of the Commission shall serve during the existence of the Commission, which shall complete its work no later than 120 days after the Commission's effective date. The Commission shall submit a written report of its findings to the Governor within 120 days of its effective date.

The Commission shall be staffed by personnel within the Department of Treasury, to be designated by the State Treasurer.

All principal departments and other state agencies shall cooperate with the Commission in the performance of its responsibilities. The Commission may request, and principal departments and other state agencies shall provide, such policy and technical information as is required by the Commission in the discharge of its responsibilities.

The Commission may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers and performance of its duties as the Director of the Department of Treasury may deem advisable and necessary, in accordance with the relevant statutes, rules and procedures of the Civil Service Commission and the Department of Management and Budget.

Members of the Commission shall not receive compensation, but members may receive necessary expenses for the performance of Commission functions, based on existing state rates.

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

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 16th day of September, in the Year of our Lord, One Thousand Nine Hundred Ninety-nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The Executive Order was referred to the Secretary for record.

 

 

The following messages from the Governor were received and read:

June 17, 1999

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

Residential Builders' and Maintenance and Alteration Contractors' Licensing Board

Mr. Frank E. Smith, N3782 Moon Lake Drive, Iron Mountain, Michigan 49801, county of Dickinson, as a member representing the general public, succeeding himself, for a term expiring on March 31, 2003.

Ms. Nancy L. Huntley, 6280 Timber View, East Lansing, Michigan 48823, county of Clinton, as a member representing residential builders, succeeding the Honorable Gene DeRossett of Manchester, who has resigned, for a term expiring on March 31, 2000.

June 17, 1999

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

Ski Area Safety Board

Mr. Jeffrey Paul Deacon, P.O. Box 304, Gladstone, Michigan 49837, county of Delta, as a member representing engineers with skiing experience, succeeding himself, for a term expiring on June 8, 2003.

 

June 17, 1999

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

Employment Relations Commission

Mr. Harry W. Bishop, 9214 Lakeshore Road, P.O. Box 67, Port Austin, Michigan 48467, county of Huron, as a member representing Republicans, succeeding himself, for a term expiring on June 30, 2002.

 

June 17, 1999

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

General Industry Safety Standards Commission

Mr. Timothy J. Koury, 4723 Marsh Road, China, Michigan 48040, county of St. Clair, as a member representing management, succeeding himself, for a term expiring on March 26, 2002.

Mr. Tycho K. Fredericks, 3719 Winchell Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, as a member representing employees, succeeding himself, for a term expiring on March 26, 2002.

 

June 18, 1999

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

Nursing Home Administrators' Board of Control

Ms. Victoria L. Cicone, 2450 Charnwood, Troy, Michigan 48098, county of Oakland, as a member representing nursing home administrators, succeeding herself, for a term expiring on December 31, 2002.

Mr. Zubair Gulrez Rathur, 1640 Hammond Court, Bloomfield Hills, Michigan 48304, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on December 31, 2002.

 

July 2, 1999

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

Mackinac Bridge Authority

Senator Thomas Guastello, 166 Ridge Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, as a member representing Independents, succeeding Mr. Jack D. Krueger of Wetmore, whose term has expired, for a term expiring on June 30, 2004.

Mr. Cameron G. Priebe, 8325 Harding, Taylor, Michigan 48180, county of Wayne, as a member representing Democrats, succeeding Mr. Patrick P. Gribben, Jr., of DeWitt, whose term has expired, for a term expiring on June 30, 2004.

 

July 2, 1999

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

Board of Plumbing

Mr. John M. Jacobs, 148 Little Killarney Beach, Bay City, Michigan 48706, county of Bay, as a member representing licensed master plumbers, succeeding himself, for a term expiring on June 30, 2002.

Mr. Joseph Charles Swindell, 7084 Hatchery, Waterford, Michigan 48528, county of Oakland, as a member representing licensed master plumbers, succeeding himself, for a term expiring on June 30, 2002.

Ms. Valerie J. Cotanche, 3482 Lone Lookout Road, Traverse City, Michigan 49686, county of Grand Traverse, as a member representing the general public, succeeding herself, for a term expiring on June 30, 2002.

 

July 2, 1999

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

Michigan Apple Committee

Mr. Thomas Alan Erwin, 28599 Pontiac Trail, South Lyon, Michigan 48178, county of Oakland, as a member representing growers from District 7, succeeding himself, for a term expiring on April 1, 2002.

Mr. Bryan P. Bixby, 6000 Daniel Boone Trail, Berrien Springs, Michigan 49103, county of Berrien, as a member representing growers from District 1, succeeding Mr. Joseph B. Herman of Benton Harbor, whose term has expired, for a term expiring on April 1, 2002.

Mr. James K. Raak, 6967 109th Avenue, South Haven, Michigan 49090, county of Van Buren, as a member representing growers from District 2, succeeding Mr. Charles Ross Stein, Jr., of South Haven, whose term has expired, for a term expiring on April 1, 2002.

 

July 2, 1999

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

Residential Builders' and Maintenance and Alteration Contractors' Licensing Board

Mr. David Pierce Williams, 1682 Yellow Birch Lane, Traverse City, Michigan 49686, county of Grand Traverse, as a member representing licensed residential builders, succeeding Mr. Emery A. Viazanko of Bloomfield Hills, whose term has expired, for a term expiring on March 31, 2003.

 

July 7, 1999

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

Michigan Board of Dentistry

Dr. Gayle P. Thomas, 22428 Cobb, Dearborn, Michigan 48124, county of Wayne, as a member representing licensed dentists, succeeding Dr. Loren W. Gardner of Suttons Bay, whose term has expired, for a term expiring on June 30, 2003.

Mr. Hank G. Fuhs, Jr., 3848 East Leonard, NE, Grand Rapids, Michigan 49506, county of Kent, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2003.

Ms. Betty Ladley Finkbeiner, 6914 Saline-Ann Arbor Road, Ann Arbor, Michigan 48176, county of Washtenaw, as a member representing dental assistants, succeeding Ms. Mary M. Govoni of Okemos, whose term has expired, for a term expiring on June 30, 2003.

Dr. Martin J. Tuck, 361 Southlawn, East Lansing, Michigan 48823, county of Ingham, as a member representing dentists with a health profession specialty certification, succeeding himself, for a term expiring on June 30, 2003.

Dr. William S. Bloom, 3828 Spanish Oaks Drive, West Bloomfield, Michigan 48323, county of Oakland, as a member representing dentists with a health profession specialty certification, succeeding himself, for a term expiring on June 30, 2003.

Ms. Ginger L. Granger, 3550 South Shore Drive, Lapeer, Michigan 48446, county of Lapeer, as a member representing dental hygienists, succeeding Ms. Susan J. Pritzel of Ann Arbor, whose term has expired, for a term expiring on June 30, 2003.

 

July 8, 1999

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

Construction Safety Standards Commission

Mr. Kris G. Mattila, 501 6th Street, Box 532, Hubbell, Michigan 49934, county of Houghton, as a member representing the general public, succeeding Mr. Vernon B. Watwood, Jr., of Hancock, who has resigned, for a term expiring on March 18, 2001.

 

July 21, 1999

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

Michigan Racing Commissioner

Ms. Annette M. Bacola, 180 Provencal Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, effective August 2, 1999, succeeding Mr. Nelson W. Westrin of Grand Ledge, whose term has expired, for a term expiring on December 31, 2000.

 

July 21, 1999

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

Director of Career Development for the State of Michigan

Dr. Barbara Bolin, 201 N. Washington Square, 1st Floor, Victor Building, Lansing, Michigan 48913, county of Ingham, succeeding Mr. Douglas E. Stites of Charlotte, for a term expiring at the pleasure of the Governor.

 

July 21, 1999

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

Board of Ethics

Ms. Lita H. Popke, 7485 Chesterfield Drive, Canton, Michigan 48187, county of Wayne, as a member representing Republicans, succeeding herself, for a term expiring on February 7, 2003.

Mr. Robert A. Jarema, 4729 Pinehaven, Saginaw, Michigan 48603, county of Saginaw, as a member representing Republicans, succeeding himself, for a term expiring on February 7, 2003.

 

July 21, 1999

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

Michigan Public School Employees' Retirement Board

Ms. Linda S. Adams, 25787 Hunt Club Boulevard, Farmington Hills, Michigan 48335, county of Oakland, as a member representing retirants of a first class school, succeeding Mrs. Ella M. Stapleton of West Bloomfield, who has resigned, for a term expiring on March 30, 2002.

 

July 21, 1999

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

Michigan Historical Commission

Mrs. Marge M. Greiner, 321 Pebble Beach S.E., Grand Rapids, Michigan 49546, county of Kent, as a member representing the general public, succeeding Mrs. Ann Preston Koeze of Charlottesville, who has resigned, for a term expiring on May 21, 2003.

 

July 21, 1999

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

Michigan Plum Committee

Ms. Jodi Nichols, 806 E. Filer Street, Ludington, Michigan 49431, county of Mason, as a member representing growers at large, succeeding Mr. Allan W. Overhiser of South Haven, whose term has expired, for a term expiring on May 3, 2002.

 

July 26, 1999

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

Commission on Disability Concerns

Ms. Esther Louise Shumaker, 345 College Avenue, Holland, Michigan 49423, county of Ottawa, as a member representing the general public, succeeding herself, for a term expiring on March 5, 2002.

The Honorable Duncan Beagle, 1617 Brookwood Drive, Flint, Michigan 48503, county of Genesee, as a member representing the general public, succeeding himself, for a term expiring on March 5, 2002.

Ms. Judith Ann Trapp, 2650 E. Grant Street, Alpena, Michigan 49707, county of Alpena, as a member representing the general public, succeeding herself, for a term expiring on March 5, 2002.

Mr. William Kenneth Tregenza, Jr., 155 Cedarwald Drive, Rochester, Michigan 48306, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on March 5, 2002.

Ms. Micki A. Berg, 25217 Parkwood, Huntington Woods, Michigan 48070, county of Oakland, as a member representing the general public, succeeding Mr. Christian L. Mageli of Dearborn, who has resigned, for a term expiring on March 5, 2001.

Mr. Ian Minicuci, 3041 Roxbury, Troy, Michigan 48084, county of Oakland, as a member representing the general public, succeeding Mr. Thomas R. Sowulewski of Saginaw, whose term has expired, for a term expiring on March 5, 2002.

Mr. Joseph Connelly, 32148 Camborne Lane, Livonia, Michigan 48154, county of Wayne, succeeding Mr. Christian Mageli as Vice Chair, for a term expiring at the pleasure of the Governor.

 

July 29, 1999

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

Michigan School District Accountability Board

Mr. Gil Hill, 18629 Sorrento, Detroit, Michigan 48235, county of Wayne, as a member representing the Governor, for a term expiring at the pleasure of the Governor.

Dr. John Porter, 1991 Bancroft Drive, Ann Arbor, Michigan 48108, county of Washtenaw, as a member representing the Governor, for a term expiring at the pleasure of the Governor.

 

July 30, 1999

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

Board of Cosmetology

Mr. Robert E. Willis, 19161 Birwood, Detroit, Michigan 48221, county of Wayne, as a member representing licensed cosmetologists, succeeding Mrs. Trudy J. Center of Charlevoix, whose term has expired, for a term expiring on December 31, 2001.

July 30, 1999

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

Michigan Board of Counseling

Ms. Linda S. Michaels, 18551 Country Club Court, Riverview, Michigan 48192, county of Wayne, as a member representing professionals, succeeding Ms. Mary Ellen Kreski of Birmingham, whose term has expired, for a term expiring on June 30, 2003.

Dr. John M. Rinke, 9021 Apple Orchard, Fenton, Michigan 48430, county of Livingston, as a member representing professionals, succeeding himself, for a term expiring on June 30, 2003.

Ms. Joanne Nicholson, 3018 East Lafayette, Detroit, Michigan 48207, county of Wayne, as a member representing mental health professionals, succeeding Ms. Deanna M. Petit-Sailor of Detroit, whose term has expired, for a term expiring on June 30, 2002.

 

July 30, 1999

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

Michigan Board of Pharmacy

Dr. Steven Durst, 3190 St. Anthony Drive, Portage, Michigan 49002, county of Kalamazoo, as a member representing professionals, succeeding himself, for a term expiring on June 30, 2003.

Ms. Bonita Patricia Gibson, 412 West Avenue D, Newberry, Michigan 49868, county of Luce, as a member representing the general public, succeeding herself, for a term expiring on June 30, 2003.

Ms. Catherine M. Polley, 8796 Morning Mist Drive, Clarkston, Michigan 48348, county of Oakland, as a member representing professionals, succeeding Mr. Calvin C. Helmick of Lansing, whose term has expired, for a term expiring on June 30, 2003.

Mr. Raina B. Bradley, Jr., 23071 Coventry Woods Lane, Southfield, Michigan 48034, county of Oakland, as a member representing professionals, succeeding Mr. George C. Punches of Clare, whose term has expired, for a term expiring on June 30, 2003.

 

August 3, 1999

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

Public Service Commission

Mr. John G. Strand, 2230 Burcham Drive, East Lansing, Michigan 48823, county of Ingham, as a member representing Republicans and as Chair, succeeding Mr. Robert B. Nelson of East Lansing, whose term has expired, for a term expiring on July 2, 2001.

Mr. Robert B. Nelson, 1423 Fairoaks Court, East Lansing, Michigan 48823, county of Ingham, as a member representing Independents, succeeding Mr. John G. Strand of East Lansing, whose term has expired, for a term expiring on July 2, 2005.

 

August 3, 1999

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

Michigan Capitol Park Commission

Ms. Janet E. Phipps, 759 Touraine, East Lansing, Michigan 48823, county of Ingham, as a member representing the Governor, succeeding Mr. Mark A. Murray of Lansing, who has resigned, for a term expiring on February 17, 2001.

 

August 9, 1999

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

General Industry Safety Standards Commission

Mr. James J. Baker, 444 High Point Drive, #7, Mason, Michigan 48854, county of Ingham, as a member representing employees, succeeding Mr. Rick Bottcher of Shelby Township, who has resigned, for a term expiring on March 26, 2002.

Mr. George A. Reamer, 3676 Bluebush Road, Monroe, Michigan 48162, county of Monroe, as a member representing management of public employers, succeeding Ms. Gretchen A. Bria of Okemos, whose term has expired, for a term expiring on March 26, 2002.

 

August 9, 1999

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

Michigan Board of Medicine

Mr. Paul E. McNamara, 1211 Glastonbury Drive, St. Johns, Michigan 48879, county of Clinton, as a member representing the general public, succeeding Ms. Anne Armstrong of Grand Rapids, who has resigned, for a term expiring on December 31, 1999.

August 9, 1999

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

Oakland University Board of Trustees

Ms. Penny M. Crissman, 210 Charles Road, Rochester, Michigan 48307, county of Oakland, as a member representing the general public, succeeding Mr. James A. Sharp, Jr., of Detroit, who has resigned, for a term expiring on August 11, 2000.

 

August 9, 1999

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

Personnel Agency Board

Ms. Judith A. Zacha, 885 Oakridge, St. Joseph, Michigan 49085, county of Berrien, as a member representing professionals, succeeding herself, for a term expiring on September 30, 2002.

 

August 10, 1999

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

Michigan Beef Industry Commission

Ms. Pamela Bontekoe, 816 S. Marvel, Greenville, Michigan 48838, county of Montcalm, as a member representing cattle feeders, succeeding herself, for a term expiring on May 31, 2002.

Mr. Gary Voogt, 2831 Hayes, Marne, Michigan 49435, county of Ottawa, as a member representing cattle breeders, succeeding himself, for a term expiring on May 31, 2002.

Mr. William Sheridan, 3175 Stitts Road, Mason, Michigan 48854, county of Ingham, as a member representing cattle marketers, succeeding himself, for a term expiring on May 31, 2002.

 

August 10, 1999

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

Athletic Board of Control

Dr. Michael Sherbin, 1460 Epping Lane, Bloomfield Hills, Michigan 48304, county of Oakland, as a member representing professionals, succeeding himself, for a term expiring on March 31, 2003.

Mr. Tracy A. O'Rourke, 266 Meyland Hall, Marquette, Michigan 49855, county of Marquette, as a member representing professionals, succeeding himself, for a term expiring on March 31, 2003.

 

August 10, 1999

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

Michigan Dairy Market Program Committee

Mr. Earl A. Horning, 11855 Pleasant Lake Road, Manchester, Michigan 48158, county of Washtenaw, as a member representing Michigan Milk Producers Association, succeeding Mr. Frank J. Lipinski of Buckley, who has resigned, for a term expiring on December 31, 1999.

 

August 10, 1999

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

State Board of Examiners of Social Workers

Ms. Linda Rose Cunningham, 9311 E. Outer Drive, Detroit, Michigan 48213, county of Wayne, as a member representing the general public, succeeding herself, for a term expiring on September 30, 2002.

Ms. Lisa Ann Pruitt, 7212 Stonebrook, West Bloomfield, Michigan 48322, county of Oakland, as a member representing licensed social workers, succeeding herself, for a term expiring on September 30, 2002.

 

August 10, 1999

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

Natural Resources Commission

Ms. Nancy A. Douglas, W7746 Fernwood Drive, Menominee, Michigan 49858, county of Menominee, as a member representing Republicans, succeeding herself, for a term expiring on December 31, 2002.

Dr. Paul J. Eisele, 21001 Van Born, Taylor, Michigan 48180, county of Wayne, as a member representing Independents, succeeding Mr. Lloyd F. Weeks of Warren, whose term has expired, for a term expiring on December 31, 2000.

Mr. Jerry C. Bartnik, 153 East Temperance Road, Temperance, Michigan 48182, county of Monroe, as a member representing Democrats, succeeding himself, for a term expiring on December 31, 2000.

Mr. Keith J. Charters, 126 Spring Hill Road, Traverse City, Michigan 49684, county of Grand Traverse, as a member representing Republicans, succeeding himself, for a term expiring on December 31, 2001.

Mr. Robert J. Garner, 7020 East 48 Road, Cadillac, Michigan 49601, county of Wexford, as a member representing Democrats, succeeding Dr. Paul J. Eisele of Taylor, whose term has expired, for a term expiring on December 31, 2002.

 

August 11, 1999

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

Board of Boiler Rules

Mr. Donald Roy Tishler, 5728 Bloomfield Glens, West Bloomfield, Michigan 48322, county of Oakland, as a member representing mechanical contractors, succeeding himself, for a term expiring on June 30, 2002.

Mr. John A. Marek, 25882 Shirley Lane, Dearborn Heights, Michigan 48127, county of Wayne, as a member representing organized labor, succeeding himself, for a term expiring on June 30, 2002.

Mr. Richard J. Kirsch, 14081 Pheasant Run, Holland, Michigan 49424, county of Ottawa, as a member representing owners and users of boilers operating at 1000 p.s.i.g. or more, succeeding Mr. James R. Coddington of Whitehall, who has resigned, for a term expiring on June 30, 2000.

Mr. Lawrence H. Hale, II, 18634 Muirland, Detroit, Michigan 48221, county of Wayne, as a member representing the general public, succeeding Mr. Lyall T. Hoggatt of Detroit, whose term has expired, for a term expiring on June 30, 2002.

 

August 11, 1999

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

Board of Cosmetology

Ms. Lari A. Seifert, 4724 Rood Road, Norton Shores, Michigan 49441, county of Muskegon, as a member representing licensed cosmetologists, succeeding Ms. Wanda Annette Parham of Flint, whose term has expired, for a term expiring on December 31, 2002.

Mr. John Yiannis Karimalis, 28600 Meadowbrook Road, Novi, Michigan 48377, county of Oakland, as a member representing licensed cosmetologists, succeeding Mr. Peter Junior Scaglione of Beverly Hills, whose term has expired, for a term expiring on December 31, 2001.

 

August 18, 1999

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

State Building Authority Board of Trustees

Mr. Robert M. Rasmussen, 3512 Bircham Ridge SE, Grand Rapids, Michigan 49546, county of Kent, as a member representing the general public, succeeding himself, for a term expiring on August 21, 2002.

 

August 18, 1999

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

Michigan Veterans' Facilities Board of Managers

Ms. Ruth A. Newman, 38841 Cornwall Court, Northville, Michigan 48167-9068, county of Wayne, as a member representing veterans, succeeding Ms. Mary Anna Heaney of Battle Creek, who has resigned, for a term expiring on February 28, 2005.

 

August 18, 1999

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

Michigan Corn Marketing Committee

Mr. Steven D. Errer, 3820 N. Van Dyke, Filion, Michigan 48432, county of Huron, as a member representing growers from District 8, succeeding Mr. Gary Vern Krug of Bad Axe, whose term has expired, for a term expiring on March 5, 2002.

Mr. Daniel G. Klein, 10145 North 19th Street, Plainwell, Michigan 49080, county of Allegan, as a member representing growers from District 2, succeeding Mr. Steven John Gazdag of Kalamazoo, for a term expiring on March 5, 2002.

Mr. Richard W. Godfrey, 3625 E. Sterling Road, Jonesville, Michigan 49250, county of Hillsdale, as a member representing growers from District 3, succeeding Ms. Norma Jean Lewis of Jonesville, whose term has expired, for a term expiring on March 5, 2002.

August 24, 1999

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

Lake Superior State University Board of Trustees

Mrs. Doris Friedrich Galvin, 19495 Sibley Road, Chelsea, Michigan 48118, county of Jackson, as a member representing the general public, succeeding the Reverend Monsignor Louis C. Cappo of Marquette, whose term has expired, for a term expiring on January 27, 2004.

Mr. Dean M. Altobelli, 1720 6th Avenue South, Escanaba, Michigan 49829, county of Delta, as a member representing the general public, succeeding Mr. Michael L. McDonald of Gladstone, who has resigned, for a term expiring on January 27, 2000.

 

August 25, 1999

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

Physician's Assistants Task Force

Dr. Harold J. Sauer, 2601 Creekstone Trail, Okemos, Michigan 48864-2455, county of Ingham, as a member representing the general public, succeeding Dr. Melvin L. Hollowell of Detroit, who has resigned, for a term expiring on December 31, 1999.

 

August 26, 1999

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

Governor's Workforce Commission

Mr. Joseph D. Crump, 3543 Lake Drive SE, Grand Rapids, Michigan 49546, county of Kent, as a member representing organized labor, succeeding himself, for a term expiring on March 1, 2001.

Mr. Arthur E. Ellis, 1219 Glenwood, Mt. Pleasant, Michigan 48858, county of Isabella, as a member representing the Michigan Department of Education, succeeding himself, for a term expiring on March 1, 2001.

Mr. Ralph F. Loeschner, 102 Little Court Road, Gowen, Michigan 49326, county of Montcalm, as a member representing community-based organizations, succeeding himself, for a term expiring on March 1, 2001.

Dr. Albert L. Lorenzo, 37281 Woodside Lane, Clinton Township, Michigan 48036, county of Macomb, as a member representing post-secondary vocational education, succeeding himself, for a term expiring on March 1, 2001.

Ms. Juanita Pierman, 1555 South Hills Boulevard, Bloomfield Hills, Michigan 48304-1125, county of Oakland, as a member representing private-sector business, succeeding herself, for a term expiring on March 1, 2001.

Mr. Douglas E. Stites, 3536 Royston Road, Charlotte, Michigan 48813-9346, county of Eaton, as a member representing members at large, succeeding himself, for a term expiring on March 1, 2001.

Mr. Frank Venegas, Jr., 5682 Lake Ridge Drive, Brighton, Michigan 48116, county of Livingston, as a member representing the private sector, succeeding himself, for a term expiring on March 1, 2001.

Ms. Kathleen M. Wilbur, 1784 Mirabeau, Okemos, Michigan 48864, county of Ingham, as a member representing the Department of Consumer and Industry Services, succeeding herself, for a term expiring on March 1, 2001.

Mr. James Barrett, 8601 W. Lake Shore Drive, Perry, Michigan 48872, county of Shiawassee, as a member representing members at large, succeeding himself, for a term expiring on March 1, 2001.

Mr. Ignacio Salazar, 19197 Norwich, Livonia, Michigan 48152-1222, county of Wayne, as a member representing members at large, succeeding himself, for a term expiring on March 1, 2001.

Mr. Doyle A. Hayes, 2706 Robinson Road SE, Grand Rapids, Michigan 49506-1830, county of Kent, as a member representing the private sector, succeeding himself, for a term expiring on March 1, 2001.

Mr. A. Douglas Rothwell, 3683 Powderhorn Drive, Okemos, Michigan 48864, county of Ingham, as a member representing the Michigan Strategic Fund, succeeding himself, for a term expiring on March 1, 2001.

Mr. Norman Clay Braddock, 2525 Willard Street, Saginaw, Michigan 48602, county of Saginaw, as a member representing private-sector industry, succeeding himself, for a term expiring on March 1, 2001.

Mr. William John Peterson, 39925 Southpointe, Harrison Township, Michigan 48045, county of Macomb, as a member representing organized labor - UAW, succeeding himself, for a term expiring on March 1, 2001.

Dr. Curtis J. Tompkins, 2 Woodland Road, Houghton, Michigan 49931, county of Houghton, as a member representing higher education, succeeding himself, for a term expiring on March 1, 2001.

Mr. Jose A. Infante, 1030 W. Norton, Muskegon, Michigan 49441, county of Muskegon, as a member representing members at large, succeeding himself, for a term expiring on March 1, 2001.

Mr. Mark O. Alexander, 305 Windyrush, DeWitt, Michigan 48820, county of Clinton, as a member representing organized labor, succeeding himself, for a term expiring on March 1, 2001.

Mr. Douglas E. Howard, Family Independence Agency, 235 S. Grand Avenue, Lansing, Michigan 48909, county of Ingham, as a member representing the Family Independence Agency, succeeding Ms. Marva Livingston Hammons of Denver, Colorado, who has resigned, for a term expiring on March 1, 2001.

Dr. Barbara Bolin, 5718 Barren Drive, Lansing, Michigan 48911, county of Ingham, as a member representing the Department of Career Development, succeeding Mr. Douglas E. Stites of Charlotte, for a term expiring on March 1, 2001.

Ms. Barbara Atkins, P.O. Box 338, Central Lake, Michigan 49622, county of Antrim, as a member representing K-12 Education, succeeding Ms. Barbara Fay Van Otterloo of Taylor, for a term expiring on March 1, 2001.

 

August 30, 1999

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

Board of Examiners in Mortuary Science

Mr. Kenneth "Gene" E. McGraw, 105 Highview Court, Brooklyn, Michigan 49230, county of Jackson, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2003.

Mr. Kevin B. Curtin, 360 W. Oakridge Avenue, Ferndale, Michigan 48220, county of Oakland, as a member representing morticians, succeeding Mr. Robert L. Starks of Benton Harbor, whose term has expired, for a term expiring on June 30, 2003.

 

August 30, 1999

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

Michigan Board of Optometry

Ms. Nancy P. Stecker, 4556 Pinehurst, Gaylord, Michigan 49735, county of Ostego, as a member representing the general public, succeeding herself, for a term expiring on June 30, 2003.

Mr. Albert Taylor Nelson, Jr., 5846 Clearview Drive, Troy, Michigan 48098, county of Oakland, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2003.

 

August 30, 1999

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

Board of Real Estate Brokers and Salespersons

Mr. Edward H. Marsilje, 1493 S. Shore Drive, Holland, Michigan 49423, county of Ottawa, as a member representing the general public, succeeding himself, for a term expiring on June 30, 2003.

Ms. Pat Vredevoogd, 1961 Steketee Woods SE, Grand Rapids, Michigan 49546, county of Kent, as a member representing professionals, succeeding himself, for a term expiring on June 30, 2003.

 

August 30, 1999

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

Board of Marriage and Family Therapy

Dr. Alan J. Hovestadt, 3689 Arbutus Trail, Portage, Michigan 49002, county of Kalamazoo, as a member representing professionals, succeeding himself, for a term expiring on June 30, 2003.

Dr. Dorothy Harper Jones, 1970 Riveria Drive, East Lansing, Michigan 48823-1425, county of Ingham, as a member representing professionals, succeeding Mr. Travis E. Martin of Marquette, who has resigned, for a term expiring on June 30, 2003.

 

September 1, 1999

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

Electrical Administrative Board

Mr. Robert C. Nalback, 1428 Powers Avenue NW, Grand Rapids, Michigan 49504, county of Kent, as a member representing municipal inspectors, succeeding himself, for a term expiring on August 10, 2002.

Mr. David L. Bushouse, 992 North 7th Street, Kalamazoo, Michigan 49009, county of Kalamazoo, as a member representing the insurance industry, succeeding himself, for a term expiring on August 10, 2002.

Ms. Claudia Renay Gabay, 22755 Nottingham, Apt. 1526, Southfield, Michigan 48034, county of Oakland, as a member representing energy-producing utilities, succeeding Mr. Ronald L. Spees of Jackson, whose term has expired, for a term expiring on August 10, 2002.

 

September 1, 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 February 24, 2002.

September 1, 1999

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

Michigan Board of Physical Therapy

Mr. Christian L. Mageli, 3524 Syracuse, Dearborn, Michigan 48124, county of Wayne, as a member representing the general public, succeeding Mrs. Maureen M. VanDrie of Manistee, who has resigned, for a term expiring on December 31, 2001.

 

September 1, 1999

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

Michigan Public School Employees' Retirement Board

Mr. Larry J. Moeller, 6032 Wild Rose Lane, Fort Gratiot, Michigan 48059, county of Gratiot, as a member representing retirants, succeeding Mr. Jack B. Anson of Mt. Pleasant, whose term has expired, for a term expiring on March 30, 2003.

 

September 1, 1999

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

State Employees' Retirement Board

Mrs. Janet M. McClelland, 1726 W. Lenawee, Lansing, Michigan 48915, county of Ingham, as a member representing state employees, succeeding herself, for a term expiring on July 31, 2002.

 

September 1, 1999

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

Worker's Compensation Board of Magistrates

Ms. Carol R. Guyton, 5231 Lannoo, Detroit, Michigan 48236, county of Wayne, as a member representing the general public, succeeding Ms. Sharon L. Smith of Southfield, who has resigned, for a term expiring on January 26, 2002.

 

September 1, 1999

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

Elevator Safety Board

Mr. Kenneth L. Moerman, 10908 Wildwood Drive, Shelbyville, Michigan 49344, county of Allegan, as a member representing elevator manufacturers, succeeding himself, for a term expiring on July 22, 2003.

Mr. Steven C. Lindsay, 3315 Pickwick Place, Lansing, Michigan 48917, county of Ingham, as a member representing insurance companies, succeeding himself, for a term expiring on July 22, 2003.

 

September 1, 1999

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

Site Review Board

Mr. Alan Scott Garner, 1176 N. Aurelius Road, Mason, Michigan 48854, county of Ingham, as a member representing the general public, succeeding himself, for a term expiring on December 13, 2001.

Dr. Eugene Victor Perrin, 26318 Dundee, Huntington Woods, Michigan 48070, county of Oakland, as a member representing toxicologists, succeeding himself, for a term expiring on December 13, 2001.

Dr. Rane L. Curl, 2805 Gladstone Avenue, Ann Arbor, Michigan 48104, county of Washtenaw, as a member representing chemical engineers, succeeding himself for a term expiring on December 13, 2001.

Mr. Ray N. Kemmerling, 415 W. 136th, Box 405, Grant, Michigan 49327, county of Newaygo, as a member representing municipalities, succeeding himself, for a term expiring on December 13, 2001.

Mr. Patrick J. Stock, 1007 Lochmoor Boulevard, Grosse Pointe Woods, Michigan 48236, county of Wayne, as a member representing the general public, succeeding himself, for a term expiring on December 13, 2001.

Mr. Gene Paul Reck, 1300 E. Lafayette, Apt. 1101, Detroit, Michigan 48207, county of Wayne, as a member representing the general public, succeeding himself, for a term expiring on December 13, 2001.

Dr. James M. Gentile, 7150 Lakeshore Drive, West Olive, Michigan 49640, county of Ottawa, as a member representing toxicologists, succeeding himself, for a term expiring on December 13, 2001.

Mr. Jon Arthur Eilenberg, 115 Hicks Street, Plainwell, Michigan 49080, county of Allegan, as a member representing manufacturing, succeeding himself, for a term expiring on December 13, 2001.

Dr. Duane R. Hampton, 10098 Woodlawn Drive, Portage, Michigan 49002, county of Kalamazoo, as a member representing geologists, succeeding himself, for a term expiring on December 13, 2001.

Mr. Robert Charles Hall, 7401 Wilderness Park Drive, Apt. 303, Westland, Michigan 48185, county of Wayne, as a member representing attorneys, succeeding himself, for a term expiring on December 13, 2001.

Mr. Thomas A. Vogel, 6009 Skyline Drive, East Lansing, Michigan 48823, county of Ingham, as a member representing geologists, succeeding himself, for a term expiring on December 13, 2001.

Mr. Wayne G. Sieloff, 3330 Bridge Avenue, Trenton, Michigan 48183, county of Wayne, as a member representing municipalities, succeeding himself, for a term expiring on December 13, 2001.

Mr. Pasquale Rinaldo Acciavatti, 6425 Gratiot, St. Clair, Michigan 48079, county of St. Clair, as a member representing municipalities, succeeding himself, for a term expiring on December 13, 2001.

Mr. R. Jay Poel, 7503 Lupine, Jenison, Michigan 49428, county of Ottawa, as a member representing municipalities, succeeding himself, for a term expiring on December 13, 2001.

 

September 3, 1999

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

Board of Architects

Mr. Rainy Hamilton, Jr., 17505 Parkside, Detroit, Michigan 48221, county of Wayne, as a member representing licensed architects, succeeding himself, for a term expiring on March 31, 2003.

 

September 3, 1999

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

Michigan Board of Podiatric Medicine and Surgery

Mr. Raymond G. Mills, 210 N. Genesee, Bellaire, Michigan 49615, county of Antrim, as a member representing the general public, succeeding Mr. Arnold E. Reed of Detroit, whose term has expired, for a term expiring on June 30, 2002.

Ms. Nancy A. Brozek, 4430 56th Avenue, New Era, Michigan 49446, county of Oceana, as a member representing the general public, succeeding Mrs. Ruth N. Perry of Shingleton, whose term has expired, for a term expiring on June 30, 2003.

Dr. Karen M. Potchynok-Lund, 6881 Muirfield Drive, Shelby Township, Michigan 48316, county of Macomb, as a member representing professionals, succeeding Dr. Geoffrey E. Clapp of Kalamazoo, whose term has expired, for a term expiring on June 30, 2003.

 

September 10, 1999

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

Board of Architects

Mr. Norman C. Caldwell, L.S., 738 N. Park Street, Owosso, Michigan 48867, county of Shiawassee, as a member representing the Board of Land Surveyors, succeeding Mr. James H. Granger of Cheboygan, who has resigned, for a term expiring on March 31, 2000.

Mr. Abe A. Munfakh, 45798 Turtlehead, Plymouth, Michigan 48170, county of Wayne, as a member representing the Board of Professional Engineers, succeeding Mr. Martin L. Straub of Chelsea, who has resigned, for a term expiring on March 31, 2003.

 

September 16, 1999

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

Michigan State Waterways Commission

Mr. Edward P. Beauregard, 2444 St. Clair River Drive, Algonac, Michigan 48001, county of St. Clair, as a member representing the general public, succeeding Mr. Ronald Lee Ruhland of Bay City, whose term has expired, for a term expiring on September 18, 2000.

Mr. John A. Winn, 125 Belvedere Avenue, Charlevoix, Michigan 49720, county of Charlevoix, as a member representing the Lower Peninsula, north of Townline 16, succeeding Mr. Milan S. Reed II of Ludington, whose term has expired, for a term expiring on September 18, 2002.

Mr. David R. Giffin, 7421 Kenrob Drive SE, Grand Rapids, Michigan 49546, county of Kent, as a member representing the general public as owner/operator of harbors or marinas, succeeding himself, for a term expiring on September 18, 2002.

Mr. David Grossman, 7457 Brynmawr, West Bloomfield, Michigan 48322, county of Oakland, as a member representing the general public, succeeding Mr. Edward P. Beauregard of Algonac, whose term has expired, for a term expiring on September 18, 2001.

Mr. Frank P. Opolka, N3235 Woodland Drive, Iron Mountain, Michigan 49801, county of Dickinson, as a member representing the Upper Peninsula, succeeding Mr. James R. Hansen of Escanaba, whose term has expired, for a term expiring on September 18, 2001.

Sincerely,

John Engler

Governor

The appointments were referred to Committee on Government Operations.

 

Senator McManus entered the Senate Chamber.

The following message from the Governor was received and read:

 

APPROPRIATIONS; CAPITAL OUTLAY

 

June 25, 1999

Today I have signed Enrolled Senate Bill 68. However, I am returning it to you because of an item I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State.

This supplemental budget bill provides $344.7 million ($163.3 million general fund) in fiscal year 1999 supplemental funding for Capital Outlay, the Executive Office, the Legislature, the Judiciary, Higher Education, and the Departments of Agriculture, Attorney General, Career Development, Civil Service, Community Health, Education, Management and Budget, Military and Veterans Affairs, Natural Resources, State, State Police, and Treasury, and the Family Independence Agency.

Key provisions of the bill include the following:

* $9.6 million in the Department of Agriculture for bovine tuberculosis testing, indemnification payments, and assistance to farmers in reestablishing their businesses.

* $13.8 million in the Department of Natural Resources for the 1998 Round 2-Michigan Natural Resources Trust Fund (MNRTF) projects as well as $5.5 million in restricted resources for farmland and open space development acquisition.

* $32.5 million to support infrastructure, technology, equipment and building maintenance needs at public universities, community colleges and independent colleges and universities.

* $6.2 million general fund for the Human Resources Management Network (HRMN) project, an integrated system for delivering payroll, personnel, and employee benefits and data exchange with the retirement system in the Department of Civil Service.

* Funding of $61.3 million ($29 million general fund) to address Medicaid base needs and $6 million general fund for the Michiganians Pharmaceutical Assistance Fund.

* $10 million in federal funds to support class size reductions for distribution to local school K-12 districts.

* $120 million ($29.4 million general fund) for daycare caseload increases in the Family Independence Agency.

* Additional funding ($30 million general fund) for technical training centers, to continue the development of high skill training centers at community colleges.

* Funding ($5.3 million) to begin implementation of the Technology Investment Plan in the Department of Treasury that is expected to achieve greater consistency and fairness in tax administration, improved customer service, and additional tax revenue collections.

* Funding of $6 million is provided to reimburse local jurisdictions for the costs associated with conducting the Year 2000 presidential primary.

My action today also vetoes:

* $3 million in Higher Education for the Diabetes Center at Wayne State University. Funds were included in the FY1998 supplemental to establish the center and were intended to be a one-time appropriation. The University may be able to compete for $50 million in the health and aging research and development program included in the fiscal year 2000 Michigan Strategic Fund Budget.

I thank the Legislature for their work on these supplemental appropriations.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on June 25, 1999, at 3:00 p.m. (Filed with the Secretary of State on June 25, 1999, at 4:36 p.m.) and assigned Public Act No. 69.

The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

 

 

The following message from the Governor was received and read:

 

SALES TAX; EXEMPTIONS

 

July 8, 1999

Today I have vetoed and am returning to you herewith, Enrolled Senate Bill 466.

As you know, this legislation, in conjunction with Enrolled House Bill 4691, exempts dust control chemicals from the state's Sales and Use Taxes. The exemption is both prospective and retroactive to May 29, 1990.

A major component of my Taxpayer's Agenda of 1999 was across-the-board income tax relief for all of Michigan's taxpayers. In May, I proposed another broad tax cut: elimination of the state's Single Business Tax. This type of relief confers benefits to all of Michigan's taxpayers, not just a limited few in a specific industry.

Enrolled Senate Bill 466 provides a limited exemption to the state's Sales Tax for a specific industry. While the goal of the legislation may be laudable, encouraging privatization in local governmental services, it does not fit with my goal of across-the-board tax relief. It is my belief that if the prudent public policy is to encourage privatization through tax exemptions, then all private contractors of local governments should benefit, not just a select few.

For this reason, I am returning Enrolled Senate Bill 466 without signature.

Sincerely,

John Engler

Governor

This bill was returned from the Governor on July 8, 1999, at 11:47 a.m.

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Finance.

The motion prevailed.

 

 

The following message from the Governor was received and read:

 

APPROPRIATIONS; DEPARTMENT OF ENVIRONMENTAL QUALITY

 

July 21, 1999

Today I have signed Enrolled Senate Bill 364, the Fiscal Year 2000 appropriations bill for the Department of Environmental Quality. However, I am returning it to you because of two items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State. My action today:

* Includes $1.7 million for criminal investigations, adding an environmental enforcement officer to primarily focus on illegal waste coming into Michigan.

* Supports funding for the Michigan State University Extension Service to create a Michigan Youth Conservation Council, providing advanced educational opportunities for youth interested in conservation research, education and policy making.

* Contains $600,000 for Scrap Tire grants to local governments and private entities as incentives to properly recycle or dispose of excess tires.

* Provides $280,000 for improved mapping of flood-prone areas, aimed at reducing costs of future disasters and aiding Michigan communities and businesses in development decisions.

* Contains $9.6 million for local health departments for public water supply, private groundwater supply and on-site sewage management activities, a 3% increase, aligning dollars and expertise to improve inspection services and reinforce consistent environmental standards.

* Provides $1.2 million for environmental programs and land and water management permitting activities resulting from recent legislative action that extends collection of various fees through the year 2003.

My action includes veto of boilerplate section 802 earmarking $300,000 from Waste Reduction Fee revenue for the Retired Engineers Technical Assistance Program (RETAP) to initiate a university pilot program. Hazardous waste materials handling and training are services available from private consulting firms and beyond the scope of the RETAP program created by Public Act 289 of 1998. In addition, I have vetoed boilerplate section 1003, which earmarks $100,000 from Great Lakes Protection Fund revenue for research on the adequacy of department standards related to children's health. The Michigan Environmental Science Board is currently assessing the adequacy of environmental standards used by the Department of Environmental Quality and earmarking these funds would duplicate efforts at the expense of other research projects.

This bill supports the operations of the Department of Environmental Quality for Fiscal Year 2000. I commend the Legislature for its prompt action in finalizing this budget and for the bipartisan cooperation that resulted in the passage of Public Act 111 of 1999, appropriating the first installment of Clean Michigan Initiative funding. I urge similar cooperation this fall to complete action on Fiscal Year 2000 funding for Clean Michigan Initiative programs.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on July 21, 1999, at 4:30 p.m. (Filed with the Secretary of State on July 23, 1999, at 11:57 a.m.) and assigned Public Act No. 125.

The question being on the passage of the vetoed line items, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

The following message from the Governor was received and read:

 

APPROPRIATIONS; JUDICIAL BRANCH

 

July 21, 1999

Today I have signed Enrolled Senate Bill 368, the Fiscal Year 2000 appropriations bill for the Judicial branch. However, I am returning it to you because of one item of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State. My action today:

* Provides $77.8 million for Trial Court operations, including $69.8 million for reimbursements to all 83 counties and $8 million for hold harmless fund reimbursements. The hold harmless reimbursements reflect the fourth year of a five-year funding commitment to Wayne County and the cities of Detroit, Flint, Grand Rapids and Pontiac.

* Increases state funding for the Community Dispute Resolution program by over 5 percent, allowing each local center to receive a minimum of $15,000 for operational support.

* Contains $146,000 for improved court processing of child abuse and neglect cases.

* Provides $72,900 general fund to promote alternatives to litigation through alternative dispute resolution training of court personnel.

My action today includes veto of the $508,300 line item added by the Legislature for the state appellate defender office as this item fails to consider the significant decline in criminal appeals over the past five years. A further reduction in caseload and public defender representation should also result from improved definitions of offense and prior record variables contained in legislatively-enacted sentencing guidelines.The recommended funding provides an opportunity to channel resources to core defense activities and to evaluate salary expenses for public defender positions relative to county prosecutors and private attorneys.

I commend the Legislature for its cooperation in completing this budget and encourage continued cooperation to finalize the Fiscal Year 2000 budget for the Judicial branch, by enacting statutory modifications to increase law exam fee revenue which is needed to support test administration expenses contained in Enrolled Senate Bill 368.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on July 21, 1999, at 4:40 p.m. (Filed with the Secretary of State on July 23, 1999, at 11:59 a.m.) and assigned Public Act No. 126.

The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

 

 

The following message from the Governor was received and read:

 

APPROPRIATIONS; DEPARTMENT OF TRANSPORTATION

 

July 27, 1999

Today I have signed Enrolled Senate Bill 372, the Fiscal Year 2000 appropriations bill for the Department of Transportation. However, I am returning it to you because of items of which I disapprove pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of this bill, which has been filed with the Secretary of State.

This bill will provide landmark support for the rebuilding, repair and maintenance of Michigan's roads and bridges. Thanks to Build Michigan II, Michigan will again invest nearly $2.8 billion for record improvements on the state trunkline system and local road and bridge projects, as well as intermodal programs. My action today:

* Provides for $60 million in new Build Michigan II revenues that will continue to be shared with locals under the historical distribution formula. With Build Michigan II and the federal transportation-funding package (TEA-21) firmly in place, Michigan will begin the new millennium with its most aggressive program yet for strengthening this state's transportation infrastructure.

* Includes $14 million for increased maintenance program allocations, including trunkline system expansion, deferred maintenance backlogs, heavy equipment replacement, intelligent transportation system maintenance and roadside facility improvements.

* Supports $7 million in information technology enhancements that will improve the department's efficiency and effectiveness in delivering its record breaking road and bridge improvement program.

* Redirects $17 million in debt service savings the department realized through sound fiscal management practices to state trunkline, economic development and comprehensive transportation programs.

* Includes $150.6 million in support of local bus operating assistance. Contingent upon available revenues, operating assistance will be provided to local systems up to the allowable 50% and 60% levels of eligible reimbursements.

* Achieves compliance with Public Act 51 of 1951, as amended, by eliminating Michigan Transportation Fund support for interdepartmental grants to the Departments of Civil Service, Management and Budget, State Police, and Treasury.

Finally, I have vetoed the following items for the reasons noted below:

* Section 402--My action includes a veto of language in section 402 relating to the 30-percent earmark of federal aid bridge funds to local off-system and local on-system categories. The Federal Highway Administration has made it a priority that Michigan expends its federal aid bridge funds on the high-level trunkline system. In fact, the federal government requires only a 15 percent earmark of federal aid bridge funds to local projects. I agree and believe it is critical to the success of Build Michigan II that we continue to invest our transportation resources on the worst roads and bridges first, especially as those needs relate to our commercial backbone system. My intent with this veto is to eliminate the specific earmark out of the federal aid bridge category. I remain committed to maintaining the 75/25 percent split between the state and locals of all federal aid as required in Section 402. I will recommend a legislative transfer in the upcoming fiscal year, if necessary, to maintain this commitment.

* Section 336--Congestion mitigation is a critical issue with the extensive repair and rebuild construction projects underway in our urban centers. The Department of Transportation has been looking at a number of congestion mitigation options in relation to these types of projects, including expedited and variable construction schedules, traffic-flow patterns and various transit-related alternatives. The department already works with communities, businesses and the public in developing awareness and mobility alternatives as a normal part of their business operations. I do not support the earmarking of funds, or the designating of specific methods for this purpose.

* Sections 604 and 610--The inclusion of these types of special interest projects for construction of passing relief lanes and interchanges, undermines the appropriations process, the department's five-year plan and sets a dangerous precedent for future legislatures. I believe such programming decisions should be left to the transportation experts.

I commend the Legislature for their work on this important budget, and look forward to working with you as we continue to aggressively improve Michigan's transportation networks.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on July 27, 1999, at 1:50 p.m. (Filed with the Secretary of State on July 27, 1999, at 3:04 p.m.) and assigned Public Act No. 136.

The question being on the passage of the vetoed line items, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

 

 

The following message from the Governor was received and read:

 

APPROPRIATIONS; FAMILY INDEPENDENCE AGENCY

 

July 27, 1999

Today I have signed Enrolled Senate Bill 365, the Fiscal Year 2000 appropriation for the Family Independence Agency (FIA). However, I am returning it to you because of an item of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific item vetoed is contained within the attached copy of the bill, which has been filed with the Secretary of State.

Members of the Legislature deserve to be commended for their support of Michigan's ongoing welfare reform policies. The Family Independence Program (FIP) monthly average caseload was only 86,100 cases in June, a 62-percent reduction from the March 1994 level, the month when the caseload began its current decline. Savings from these dramatic caseload declines have been primarily re-directed to support the day care needs of Michigan's working families and other high priority FIA programs. Funding for the day care program will exceed $614 million in Fiscal Year 2000, representing more than an 85% increase over Fiscal Year 1998 spending levels.

I am pleased that the Legislature has joined me in providing a 2.5% cost-of-living increase for cases where care is being provided by extended family or parents are unable to work because of age, disability, or other crisis.

I am also pleased the Legislature has agreed to take the actions necessary to implement the Wayne County Block Grant, enabling Wayne County to take responsibility for providing services to its juvenile delinquents.

I also applaud your continuing support for the former Lt. Governor Connie Binsfeld's children's agenda. Additional funding will help move more children into adoptive homes, and support the placement of children with extended family members (kinship care) when these children must be removed from their parent's home.

In order to assist families to obtain better paying jobs, new language allows welfare recipients to count time spent on education and training toward their work requirement.

My action today also vetoes:

Section 642, which would have mandated the department to create a citizenship assistance program for non-U.S. citizens. As I stated when I vetoed a similar section in last year's appropriation bill, there is merit in helping non-citizens pass their citizenship examinations. However, it is more appropriate for the federal government to perform this function.

I commend the members of the Michigan Legislature for your responsible actions on this bill.

Sincerely,

John Engler

Governor

This bill was signed by the Governor on July 27, 1999, at 1:40 p.m. (Filed with the Secretary of State on July 27, 1999, at 3:02 p.m.) and assigned Public Act No. 135.

The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding,

Senator Rogers moved that the veto message be referred to the Committee on Appropriations.

The motion prevailed.

 

 

Messages from the House

 

 

Senate Bill No. 79, 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, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

(For Conference Report, see Senate Journal No. 56, p. 1134.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

 

 

Senate Bill No. 364, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(For Conference Report, see Senate Journal No. 56, p. 1144.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

 

 

Senate Bill No. 365, 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, 2000; 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.

(For Conference Report, see Senate Journal No. 56, p. 1169.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

Senate Bill No. 366, 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, 2000; 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, 2000; 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.

(For Conference Report, see Senate Journal No. 56, p. 1153.)

The House of Representatives has adopted the second report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

 

 

Senate Bill No. 368, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(For Conference Report, see Senate Journal No. 56, p. 1189.)

The House of Representatives has adopted the second report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

 

 

Senate Bill No. 372, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2000; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad 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.

(For Conference Report, see Senate Journal No. 56, p. 1195.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

Pursuant to a previous order, the bill was referred to the Secretary for enrollment printing and presentation to the Governor on June 18, 1999.

 

 

Senate Bill No. 625, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 4, 6, 8, and 10 (MCL 125.2684, 125.2686, 125.2688, and 125.2690), section 10 as amended by 1999 PA 36.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Rogers moved that the rule be suspended.

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

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

Senator Jaye offered the following amendment to the substitute:

1. Amend page 10, following line 6, by inserting:

"(7) A PROFESSIONAL SPORTS TEAM LOCATED AND CONDUCTING BUSINESS ACTIVITY WITHIN A RENAISSANCE ZONE AND A PROFESSIONAL SPORTS STADIUM LOCATED AND CONDUCTING BUSINESS ACTIVITY WITHIN A RENAISSANCE ZONE ARE NOT ELIGIBLE FOR THE EXEMPTION, DEDUCTION, OR CREDIT LISTED IN SECTION 9(1) OR (2). REAL PROPERTY IN A RENAISSANCE ZONE ON WHICH A PROFESSIONAL SPORTS TEAM OR PROFESSIONAL SPORTS STADIUM IS OPERATED AND PERSONAL PROPERTY OF A PROFESSIONAL SPORTS TEAM OR PROFESSIONAL SPORTS STADIUM LOCATED IN A RENAISSANCE ZONE ARE NOT ELIGIBLE FOR THE EXEMPTION, DEDUCTION, OR CREDIT LISTED IN SECTION 9(1) OR (2).".

The question being on the adoption of the amendment,

Senator Jaye moved that further consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Senator Jaye offered the following amendment to the substitute:

1. Amend page 10, following line 6, by inserting:

"(7) A MAJOR LEAGUE PROFESSIONAL SPORTS TEAM LOCATED AND CONDUCTING BUSINESS ACTIVITY WITHIN A RENAISSANCE ZONE AND A PROFESSIONAL SPORTS STADIUM LOCATED AND CONDUCTING BUSINESS ACTIVITY WITHIN A RENAISSANCE ZONE ARE NOT ELIGIBLE FOR THE EXEMPTION, DEDUCTION, OR CREDIT LISTED IN SECTION 9(1) OR (2). REAL PROPERTY IN A RENAISSANCE ZONE ON WHICH A PROFESSIONAL SPORTS TEAM OR PROFESSIONAL SPORTS STADIUM IS OPERATED AND PERSONAL PROPERTY OF A PROFESSIONAL SPORTS TEAM OR PROFESSIONAL SPORTS STADIUM LOCATED IN A RENAISSANCE ZONE ARE NOT ELIGIBLE FOR THE EXEMPTION, DEDUCTION, OR CREDIT LISTED IN SECTION 9(1) OR (2).".

The amendment to the substitute was not adopted.

 

By unanimous consent the Senate returned to consideration of the first amendment offered by Senator Jaye.

The question being on the adoption of the amendment,

The amendment to the substitute was not adopted.

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

 

 

Roll Call No. 437 Yeas--29

 

 
BennettGoschkaMcManusSikkema
BullardGougeonMillerSmith, V.
ByrumHammerstromMurphySteil
CherryJohnsonNorthStille
DeGrowKoivistoRogersVan Regenmorter
DunaskissLelandSchuetteVaughn
EmersonMcCotterSchwarzYoung

Gast

 

 

Nays--9

 

 
DeBeaussaertHartJayeShugars
DingellHoffmanPetersSmith, A.

Emmons

 

 

Excused--0

 

 

Not Voting--0

 

 

In The Chair: President

 

 

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.

Protest

 

 

Senator Jaye, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No. 625 and moved that the statements he made during the discussion of the amendments he offered be printed as his reasons for voting "no."

The motion prevailed.

 

Senator Jaye's first statement is as follows:

This legislation was not on our calendar to be acted upon this morning. The only bill that was in front of us when we came in this morning was the Schwarz genetic testing legislation. Therefore, we weren't prepared to deal with this bill until it was pulled up on the last minute. If you would bear with us, I'd move to pass the amendment temporarily so that we can hand out copies to my Senate colleagues for their consideration.

 

Senator Jaye's second statement is as follows:

This amendment is very similar to one that passed the Senate before we left for our summer recess. What it says is that a major league professional sports team--the Lions, Tigers and the Red Wings--would not be eligible for an entire tax exemption, exemptions on the sales tax, income tax, property tax, business tax and liquor tax, but minor leagues may be. My original amendment which I submitted, No. 1, and the original amendment that passed by the Senate also prohibited minor league teams, maybe a new franchise or a subordinated team, from being eligible for renaissance zone participation. A number of members from the House of Representatives, Valde Garcia was one of them, came to me and said there were small minor league teams--maybe it's hockey, maybe it's baseball--who would like to be eligible to be considered for renaissance zone participation so they don't have to pay any taxes at all. I said, "All right, I'll back off on that, but I want to make sure that the billionaires who own the Red Wings, the Lions and the Tigers are not totally exempt, because don't forget, the renaissance zone also exempts individuals from paying any state or local income tax.

So this very narrowly drafted amendment which takes in the concerns of economic developments will allow small minor league teams to participate but not the major ones.

Senator Jaye's third statement is as follows:

I have the highest respect for my colleague, the Majority Floor Leader, but he's a majority floor leader--he's not a freight train conductor. If this language isn't in there, then we most certainly will allow the billionaire owners of the Detroit Tigers, Red Wings and the Lions to apply for and get renaissance zone designation; then they will be totally exempt from all taxes, individually, corporately and even their millionaire ballplayers.

I know we can always pass a bill after the fact, but after the fact doesn't work. Ex post facto will be tied up in the courts. Let's do the job and do it right, particularly because this bill was not scheduled to come up today.

That's part of the problems that I'm noticing about term limits: There are unattended consequences if you rush things through without reading them, without doing the homework, without polishing them up. This amendment makes sure that we protect the taxpayers because don't forget that any of the revenue that is lost because of those schools are made up by the rest of the state. If you believe, like I do, that billionaire owners and millionaire players should have to pull their own weight for the Lions, Tigers and Red Wings, vote for the Jaye amendment. This still allows those minor league teams to establish their location in the state of Michigan. We're talking about a couple of days and millions of dollars for billionaires.

So, please, I hope you'd consider voting on this amendment.

 

 

Senate Bill No. 592, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.

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.

Senator Schwarz moved that the bill be given immediate effect.

The motion prevailed, 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.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

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

Senate Resolution No. 76

Senate Resolution No. 77

The resolution consent calendar was adopted.

Senators Van Regenmorter, Peters and McCotter offered the following resolution:

Senate Resolution No. 76.

A resolution to commemorate the survivors of the World War II British Troopship, the HMT Rohna, and to the memory of her victims.

Whereas, It is with deep respect and sincere gratitude that we are honored to finally acknowledge and commemorate the survivors and victims of the World War II British Troopship, the HMT Rohna; and

Whereas, On November 26, 1943, the HMT Rohna was hit by a German-guided bomb in the Mediterranean, accounting for the greatest single loss of lives at sea in World War II and one of the worst tragedies in maritime history; and

Whereas, On that fateful day, 1,015 American GIs died along with 134 British and Australian officers and Indian crewmen, bringing the total loss of lives to 1,149; and

Whereas, Because neither the British nor American governments wanted to give comfort and aid to the enemy by revealing the success of their guided-bomb warfare, the events surrounding the destruction of the HMT Rohna were shrouded in secrecy; and

Whereas, The full story of the HMT Rohna has only recently been revealed to the public; and

Whereas, The time has finally come to acknowledge the bravery, heroism, and valor of the Michigan GIs who survived this horrifying event, as well as those who paid the supreme price for our freedom with their lives; now, therefore, be it

Resolved by the Senate, That the Michigan Senate and the people of the state of Michigan extend sincerest gratitude and appreciation to the Michigan servicemen who fought for our freedom aboard the HMT Rohna. We are eternally indebted for the sacrifices Michigan GIs and their families made so that future generations could enjoy the liberty we cherish today; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan GIs who survived the attack upon the HMT Rohna and to the families of those who perished as evidence of our respect, gratitude, and esteem.

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

 

 

Senators Cherry, Peters and Byrum offered the following resolution:

Senate Resolution No. 77.

A resolution honoring Frank Garrison to commend and congratulate him upon his retirement as President of the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO).

Whereas, It is with great respect and admiration that we honor Frank Garrison's devotion to the Michigan labor movement. For over 40 years, Mr. Garrison has represented working men and women in various capacities to provide a better way of life for workers and their families. Mr. Garrison eagerly served membership as alternate committeeman, committeeman, shop committeeman, financial secretary, and union vice president for United Auto Workers (UAW) Local 699, representing workers at the Saginaw GM Steering Gear Plant; and

Whereas, Mr. Garrison accepted a position in 1972 as UAW international representative for Region 1D. He tirelessly worked on educational and legislative activities to promote workers' skills and interests. His accomplishments brought advancement as he served as UAW Community Action Program coordinator and legislative director in 1976. He finished his UAW legislative career as executive director from 1982-1986; and

Whereas, Frank Garrison was elected president of the Michigan State AFL-CIO on December 12, 1986, dutifully representing over 600,000 workers statewide. The countless hours he has worked and the struggles he and his membership have endured will be long remembered by fellow members and friends. His membership and participation in the A. Philip Randolph Institute, NAACP, and on the Governor's Councils on Human Investment and Job Training further demonstrate his courage and desire to lend a helping hand to citizens of this great state; now, therefore, be it

Resolved by the Senate, That we thank Mr. Garrison for championing efforts to promote and improve job security and the standard of living for all Michigan citizens. We hope he, his wife Nora, their children, and grandchildren enjoy the pleasures that retirement brings; and be it further

Resolved, That a copy of this resolution be transmitted to Frank Garrison as evidence of our best wishes for future successes and hope for continued involvement in causes close to his heart.

Senators Goschka, DeBeaussaert, Young, Koivisto and Hoffman were named co-sponsors of the resolution.

 

 

Senate Concurrent Resolution No. 17.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 56, p. 1248.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Introduction and Referral of Bills

 

 

Senator Stille introduced

Senate Bill No. 681, entitled

A bill to amend 1966 PA 291, entitled "Fire fighters training council act of 1966," by amending sections 2, 3, 4, 6, 9, 12, 13, 14, and 15 (MCL 29.362, 29.363, 29.364, 29.366, 29.369, 29.372, 29.373, 29.374, and 29.375), sections 2 and 3 as amended by 1987 PA 196, section 6 as amended by 1980 PA 10, and section 9 as amended by 1988 PA 458.

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

 

 

Senator Jaye introduced

Senate Bill No. 682, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80101, 80102, 80104, 80113, 80124, 80125, 80131, 80142, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80176, 80180, 80198a, and 80198b (MCL 324.80101, 324.80102, 324.80104, 324.80113, 324.80124, 324.80125, 324.80131, 324.80142, 324.80144, 324.80146, 324.80150, 324.80152, 324.80154, 324.80159, 324.80166, 324.80167, 324.80168, 324.80169, 324.80170, 324.80171, 324.80176, 324.80180, 324.80198a, and 324.80198b), sections 80101, 80102, 80113, 80124, 80125, 80131, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80198a, and 80198b as added by 1995 PA 58, section 80104 as amended by 1997 PA 102, and sections 80142, 80176, and 80180 as amended by 1996 PA 174, and by adding sections 80168a, 80193a, 80199a, 80199b, 80199c, 80199d, 80199e, 80199f, 80199g, and 80199h; 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 Judiciary.

 

 

Senator Jaye introduced

Senate Bill No. 683, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8391, 8511, and 8512 (MCL 600.8391, 600.8511, and 600.8512), section 8511 as amended by 1996 PA 79 and section 8512 as amended by 1995 PA 54.

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

 

 

Senator Jaye introduced

Senate Bill No. 684, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1e of chapter IV (MCL 764.1e), as added by 1980 PA 506.

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

 

 

Senator Jaye introduced

Senate Bill No. 685, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34.

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

 

 

Senator Jaye introduced

Senate Bill No. 686, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.

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

Senator Jaye introduced

Senate Bill No. 687, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 of chapter VI (MCL 66.2), as amended by 1996 PA 41.

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

 

 

Senator Jaye introduced

Senate Bill No. 688, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 25a (MCL 78.25a), as amended by 1996 PA 42.

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

 

 

Senator Jaye introduced

Senate Bill No. 689, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 2 of chapter IX (MCL 89.2), as amended by 1996 PA 43.

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

 

 

Senator Jaye introduced

Senate Bill No. 690, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44.

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

 

 

Senators V. Smith and Young introduced

Senate Bill No. 691, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.

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

 

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Jaye, Cherry and Dingell asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Jaye's statement is as follows:

Today is our first day back from a summer break, and I'm pledging today to move forward in an effort to impose fines on striking Detroit Public School teachers despite the apparent settlement. In the best interests of the children from all over Michigan, I will continue the process to impose fines on the illegally striking Detroit Public School teachers since the Detroit school superintendent, David Adamany, refuses to do so. It's irresponsible for Adamany to pretend that Detroit's 11,500 teachers are not striking and that students, parents and taxpayers did not suffer and are not continuing to suffer. By Adamany's own admission, the strike has cost taxpayers millions of dollars because not only does the taxpayer have to pay the salary of the principals and the custodians who did show up, we're going to have to pay them for additional time when the school year is extended into the summer. Failing to fine Detroit school teachers now will only encourage future illegal teacher strikes.

A Detroit teacher with a $58,494 annual salary would be fined approximately $2000, based on six strike days. The Detroit teacher strike was a result of teacher objections to reforms such as merit bonuses and decreasing the three weeks of unexcused teacher absences that teachers receive during the 180-day school calendar. Three weeks, fifteen days that Detroit teachers don't have to show up without any kind of medical records, and they can bank it forever without having to cash it out, so that at the end of the last year, the teachers can literally be absent for half a year, months or even longer, really disrupting the education of public school children.

Under this 1994 law, a school district or a governing board shall submit formal notification to the Michigan Employment Relations Commission that a public school teachers' union is on strike. I delivered a formal notice on Friday, September 3, to the Michigan Employment Relations Commission, and I wrote, "In accordance with my authority under the Michigan Constitution (which is Art. 8, Sec. 2) and as a member of the Michigan Legislature, a governing board of all Michigan Public Schools, we are charged--we are obligated, we have the duty and responsibility and the authority to appropriate funding and establish laws for the operation and maintenance of the public school system. I submitted to MERC, Michigan Employment Relations Commission, that formal notice that Detroit school employees were on strike. That 1994 law mandated that teachers be fined a day's pay for each day they're on strike and the teachers' unions be fined $5,000 each day they are on strike.

There are a few, not all, but some public school teachers are greedy, and they want to continue to get special treatment for striking without any loss of pay. The Detroit teachers want to return to the old system where striking teachers never lost any pay since the school year was simply extended into the summer to make up for lost days, cheating school children out of summer vacation days and summer student employment days. Detroit teachers should lose a day's pay for every day they strike just like UAW, Northwest Airlines and everyone else.

On August 1, 1999, Adamany stated, "There's no benefit to alienating teachers and punishing them over a matter of a couple of days." Shame on David Adamany for stating he can selectively enforce the laws. Under Adamany's bankrupt philosophy, police should not arrest drug dealers if they were only selling a few hits of cocaine or only beating up a couple of little old ladies. State law (MCL 423.202a) states that the public school employer "shall" not "may" notify the commission of the full or partial days a school employee was engaged in an illegal strike. Adamany and the Legislature have an obligation to act on behalf of Michigan's children, employers and partents.

I believe that the Public Teachers' Union is excessively powerful since they give more campaign money to Michigan school board members and other politicians than any other group. If we don't make a stand to enforce the integrity of this law, then teacher strikes with no loss in pay will return in force to Michigan, and Michigan's children will suffer.

 

Senator Cherry's statement is as follows:

I obviously have a slightly different take on the Detroit strike that occurred earlier this month than my esteemed colleague from Macomb County, the Senator from the 12th District.

I happen to believe that the statute actually did its job and forced the parties to come to a resolution and that, in fact, the statute the good Senator referred to actually provided the superintendent of the school district some leverage at the bargaining table to assure that parties worked toward the crafting of a settlement.

I don't see where the superintendent operated in an inappropriate fashion or did a detriment to the state. In fact, I think he wisely employed his powers in a fashion that brought a resolution to the dispute there.

Ultimately, I don't believe there're problems with democracy in the workplace and that really was what was at work here is the instructional employees had their first real opportunity to help craft the school reform package as it would occur in the classroom. We obviously, over the course earlier this year, helped provide the broad guidelines for school reform in the Detroit School District.

The superintendent and other members of the board helped flush out those broad parameters over the course of the summer. But, ultimately, when it comes down to implementing that in the classroom, the teachers must be an active part of that process. That only occurs apparently in negotiations. I think that the superintendent guided the process, used that leverage wisely, brought it to settlement, and it appears that we have a collective bargaining agreement that implements school reform in the classroom. So I don't criticize the superintendent. I'm applauding him for the wisdom and the guidance that he provided to that process.

I think, ultimately, that demonstrates an important point: we ought not be afraid of this society of democracy. We ought to understand that in a civil society, we have processes by which disagreements are resolved. This was done in a way that, I think, ultimately everyone benefits: the state, district, students, teachers and administration.

I am not one to point my finger and say that the superintendent was a criminal here, nor were the instructors themselves.

Ultimately, the good Senator from the 12th District may be viewing this as a flaw in the law. Well, I would suggest there are other elements as well; that the lack of arbitration is a flaw in that statute. And if we revisit it, I'm sure that we will have the opportunity to begin to craft a better act. But I don't think we should revisit it because people acted in a way contrary to how the Senator from the 12th District would have had them act. I think we ought to make changes if we strengthen the process so that it's a better process in the long run.

I might say that his characterization of the political clout with the Michigan Federation of Teachers is a little inaccurate. They're not the biggest contributor in this political process; in fact, quite frankly, they're a small player. But I think regardless of their size, they ought to enjoy the political rights everybody in free society enjoys, and that's the right to debate and withhold services in the event there's a disagreement over a labor contract.

 

Senator Dingell's statement is as follows:

One of the many things I inquired into this summer was the system of background checks conducted by Michigan on prospective pistol purchasers. This is part of a series of inquiries I've made into the law enforcement information network, called the LEIN system, used for these checks that was sparked by a now-retired police chief some seven years ago.

Six years ago I got enacted bills to establish LEIN data banks and registries for all the reasons, in addition to criminal records, that people aren't allowed to have firearms. Doing good background checks is important to me. The most troubling thing I found this summer was what happens when someone fails a background check--nothing. There are some prosecutors who don't believe illegal possession or such attempts to purchase firearms are worthy of prosecution. One U.S. attorney describes his view of prosecuting these cases by likening them to picking blades of grass. My constituents feel it's time to mow the lawn.

I found that most police agencies do background checks on persons wanting to apply for a permit to purchase a pistol before they allow the person to apply for a permit to purchase. This is backwards from what the Michigan Compiled Laws provide for. I find it incredible that ineligible persons would be dumb enough to ask for or apply for a permit to purchase a pistol, but apparently it does happen. If the police were to follow the statute and conduct the background check after the person filled out the application, it would clearly be a felony. As police do the strange thing they do, it's less clear that such conduct is a felony. The result is that people who lost their right to own firearms because they got in trouble at some time in the past and are clearly getting ready to cause trouble again get no punishment.

I will soon be introducing legislation and be trying to tack such legislation on other legislators' bills to punish persons who ask for permits to purchase a pistol when they know of things in their background that make them ineligible. Furthermore, I will be introducing legislation that will require local police to turn over to federal, state, or local prosecutors cases of illegal attempts to possess or a successful purchase of pistols or other firearms by ineligible persons.

There was lots more to be concerned about. Virtually all the persons who are the subject of personal protection orders have been ordered to divest themselves of firearms. One of the LEIN data banks I got set up six years ago contained these orders. Imagine my surprise when, after polling a lot of judges who issue personal protection orders, not a one of them had been informed by police or anyone else that the subject of one of their personal protection orders had attempted to get a permit to purchase a pistol. All of these judges seemed eager to give persons attempting such illegal purchases of pistols an extended all-expenses-paid vacation in the custody of the county sheriff.

Yet another example: the 1968 Gun Control Act. That's a federal act that prohibited persons ever involuntarily committed to mental institutions from ever purchasing, possessing, or even touching firearms. I set up registries for those persons six years ago also. The legislation allowed correction of mistakes by persons but only with extraordinary difficulty. I was told by judges this summer that the forms the Supreme Court Administrator had provided to deal with commitments had led judges to believe that they should be removing such persons from the data bank routinely. It was happening. It won't happen anymore.

I call upon my colleagues to help me address these problems by appropriate legislation. Further, I want to see a study by State Police of why people fail background checks and what is done to them in next years' budget. Let's beat up on these people who clearly deserve it, and also, let's leave alone law-abiding gun owners who, frankly, don't ever get into trouble, don't get arrested, and don't cause trouble.

 

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

 

 

Senators V. Smith and Young introduced

Senate Bill No. 692, entitled

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

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

 

 

Senator Schuette introduced

Senate Bill No. 693, entitled

A bill to provide for payment of certain health care claims; to prescribe the powers and duties of certain state agencies and officers; and to prescribe certain penalties.

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

 

 

Senator Schuette introduced

Senate Bill No. 694, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending the title and section 2006 (MCL 500.2006), the title as amended by 1998 PA 457, and by adding section 2006a.

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

Senator Schuette introduced

Senate Bill No. 695, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," (MCL 418.101 to 418.941) by adding section 315a.

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

 

 

Senator Schuette introduced

Senate Bill No. 696, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

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

 

 

Senator Schuette introduced

Senate Bill No. 697, entitled

A bill to amend 1984 PA 218, entitled "Third party administrator act," (MCL 550.901 to 550.962) by adding section 21.

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

 

 

Senator Schuette introduced

Senate Bill No. 698, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21095 and 21095a.

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

 

 

Senator Dingell introduced

Senate Bill No. 699, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2543 (MCL 600.2543), as amended by 1986 PA 308.

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

 

 

Senator Dingell introduced

Senate Bill No. 700, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456.

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

 

 

Senator Dingell introduced

Senate Bill No. 701, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287, and by adding section 520a.

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

 

 

Senator Bullard introduced

Senate Bill No. 702, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.

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

 

 

Senator Bullard introduced

Senate Bill No. 703, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to

provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78.

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

 

 

Senator Bullard introduced

Senate Bill No. 704, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 23 (MCL 42.23).

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

 

 

Senator Stille introduced

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.

The bill was read a first and second time by title and referred to the Committee on Farming, Agribusiness and Food Systems.

 

 

Senator Stille introduced

Senate Bill No. 706, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1317.

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

 

 

Senator Stille introduced

Senate Bill No. 707, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 452.

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

 

 

Senator Goschka 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.

 

 

Senator Goschka introduced

Senate Bill No. 709, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 1996 PA 476.

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

 

 

Senator Goschka introduced

Senate Bill No. 710, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

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

 

 

Senator Schuette introduced

Senate Bill No. 711, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406o.

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

Senator Schuette introduced

Senate Bill No. 712, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 415a.

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

 

 

Senator Schuette introduced

Senate Bill No. 713, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 1996 PA 582.

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

 

 

Senator Goschka introduced

Senate Bill No. 714, entitled

A bill to amend 1969 PA 312, entitled "An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof," by amending the title and sections 1, 2, 3, and 10 (MCL 423.231, 423.232, 423.233, and 423.240).

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

 

 

Senator Peters introduced

Senate Bill No. 715, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

Senator Peters introduced

Senate Bill No. 716, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

House Bill No. 4656, entitled

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

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 Judiciary.

 

 

Committee Reports

 

 

COMMITTEE ATTENDANCE REPORT

 

The Task Force on Agriculture Preservation submits the following:

Meeting held on Friday, June 18, 1999, at 1:00 p.m., Media Center, Marlette Middle School, 6230 Euclid Street, Marlette, Michigan

Present: Senator McManus (C)

Excused: Senators Emmons, Sikkema, Byrum and Koivisto

COMMITTEE ATTENDANCE REPORT

 

The Task Force on Agriculture Preservation submits the following:

Meeting held on Saturday, June 19, 1999, at 9:00 a.m., Southwest Michigan Research and Extension Center, 1791 Hillandale, Benton Harbor, Michigan

Present: Senator McManus (C)

Excused: Senators Emmons, Sikkema, Byrum and Koivisto

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Technology and Energy submits the following:

Meeting held on Tuesday, June 22, 1999, at 1:00 p.m., 300 Monroe Avenue NW, Room 310, Kent County Building, Grand Rapids, Michigan

Present: Senators Dunaskiss (C) and Sikkema

Excused: Senators Schuette, Rogers, Byrum, Leland and Dingell

 

 

COMMITTEE ATTENDANCE REPORT

 

The Task Force on Agriculture Preservation submits the following:

Meeting held on Tuesday, June 29, 1999, at 11:00 a.m., Michigan State University Livestock Pavilion, East Lansing, Michigan

Present: Senator McManus (C)

Excused: Senators Emmons, Sikkema, Byrum and Koivisto

 

 

COMMITTEE ATTENDANCE REPORT

 

The Task Force on Agriculture Preservation submits the following:

Meeting held on Friday, July 16, 1999, at 12:00 p.m., Riga Township Hall, 7817 Riga Highway, Riga, Michigan

Present: Senators McManus (C) and Byrum

Excused: Senators Emmons, Sikkema and Koivisto

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Natural Resources and Environmental Affairs submits the following:

Meeting held on Wednesday, July 28, 1999, at 1:00 p.m., Room 810, Farnum Building

Present: Senators Sikkema (C), Dunaskiss and Young

Excused: Senators Gast and Peters

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary submits the following:

Meeting held on Tuesday, August 10, 1999, at 1:30 p.m., Rooms 425 and 426, Capitol Building

Present: Senators Van Regenmorter (C), McCotter, Rogers and Dingell

Excused: Senators Bullard, Peters and V. Smith

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary submits the following:

Meeting held on Wednesday, August 25, 1999, at 7:00 p.m., Lansing Police Department South Network Center (South Precinct), 3400 S. Cedar Street, Lansing, Michigan

Present: Senators Van Regenmorter (C), Rogers and Dingell

Excused: Senators McCotter, Bullard, Peters and V. Smith

Scheduled Meetings

 

 

Appropriations Committee - Wednesday, September 29, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

 

Banking and Financial Institutions Committee - Thursday, September 23, at 1:00 p.m., Room 210, Farnum Building (3-1801).

 

Career Development Strategic Fund Agency Appropriations Subcommittee - Wednesday, September 22, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (3-2523).

 

Education Committee - Wednesday, September 22, at 3:00 p.m., Room 810, Farnum Building (3-7350).

 

Judiciary Committee - Wednesday, September 22, at 1:00 p.m., Rooms 402 and 403, Capitol Building (3-6920).

 

Legislative Retirement Board of Trustees - Wednesday, September 22, at 4:00 p.m., Room H-65, Ground Floor, Capitol Building (3-0575).

 

Michigan Capitol Committee - Wednesday, October 13, at 12:00 p.m., Room H-41, Ground Floor, Capitol Building (3-0289).

 

Senate Fiscal Agency Governing Board - Wednesday, September 29, at 2:30 p.m. or immediately following the Appropriations Committee meeting, Room S-324, Capitol Building (3-6960).

 

 

Senator Rogers moved that the Senate adjourn.

The motion prevailed, the time being 11:13 a.m.

 

The President, Lieutenant Governor Posthumus, declared the Senate adjourned until Wednesday, September 22, at 10:00 a.m.

 

 

CAROL MOREY VIVENTI

Secretary of the Senate.