Journal of the Senate
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No. 60 JOURNAL OF THE SENATE Senate Chamber, Lansing, Wednesday, September 19, 2001. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Bennett—present Gougeon—present Peters—present Bullard—excused Hammerstrom—present Schuette—present Byrum—present Hart—present Schwarz—present Cherry—present Hoffman—present Scott—present DeBeaussaert—present Johnson—present Shugars—present DeGrow—present Koivisto—present Sikkema—present Dingell—present Leland—present Smith—present Dunaskiss—present McCotter—present Steil—present Emerson—present McManus—present Stille—present Emmons—present Miller—present Van Regenmorter—present Garcia—present Murphy—present Vaughn—excused Gast—present North—present Young—present Goschka—present 1542 JOURNAL OF THE SENATE [September 19, 2001] [No. 60 Senator Dan L. DeGrow of the 27th District offered the following invocation: Lord, we come before You today not as Republicans or Democrats, but as Americans thankful for the many blessings we have received. Now in this time of sorrow, we pray for the strength to help our nation through this time of pain. Lord, we especially pray for those who lost loved ones during the tragedy last week. May You be with them in the difficult days to come. We pray for wisdom and courage for President Bush and all our leaders that they may make decisions that You would make. Lord, we are not the first to face sorrow. Jeremiah spoke about his people when commanded to by the Lord, and he said, “May my eyes flow with tears day and night. May I never stop weeping, for my people are deeply wounded and are badly hurt. We looked for peace, but nothing good happened. We hoped for healing, but terror came instead.” Lord, we also hope for peace but receive terror. Now, Lord, we seek justice for what has been done. We beseech You to give us the strength, courage, and willpower to achieve justice that we may create a world where peace reigns. All these things we gratefully and humbly ask in Thy name. Amen. A moment of silence was observed in memory of the victims, survivors, and family members who suffered from the terrorist attacks in New York City and Washington, D.C. Mrs. Maryann Goschka rendered “God Bless America.” Senators Goschka and Scott led the Senate in reciting the “Pledge of Allegiance.” Motions and Communications Senator Emmons moved that Senator Bullard be excused from today’s session. The motion prevailed. Senator Emerson moved that Senator Peters be temporarily excused from today’s session. The motion prevailed. Senator Emerson moved that Senator Vaughn be excused from today’s session. The motion prevailed. The following communications were received: Department of State Administrative Rules Notices of Filing June 28, 2001 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 3:15 p.m. this date, administrative rule (01-06-09) for the Department of Consumer and Industry Services, Director’s Office, entitled “Bloodborne Infectious Diseases Standard,” effective October 18, 2001. July 9, 2001 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 4:05 p.m. this date, administrative rule (01-07-01) for the Department of Consumer and Industry Services, Director’s Office, entitled “Chapter IV General Workplace Requirements; Part 1 Illumination,” effective 7 days hereafter. July 16, 2001 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 2:05 p.m. this date, administrative rule (01-07-02) for the Department of Consumer and Industry Services, Public Service Commission, entitled “MPSC - Uncollectibles Allowance Recovery Fund,” effective 7 days hereafter. No. 60] [September 19, 2001] JOURNAL OF THE SENATE 1543 July 16, 2001 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 2:08 p.m. this date, administrative rule (01-07-03) for the Department of Consumer and Industry Services, Public Service Commission, entitled “MPSC - Consumer Standards and Billing Practices for Gas Residential Service,” effective 7 days hereafter. July 23, 2001 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 3:20 p.m. this date, administrative rule (01-07-04) for the Department of Consumer and Industry Services, Director’s Office, entitled “Part IV - Medical Services and First Aid - General Industry,” effective 7 days hereafter. July 23, 2001 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 3:25 p.m. this date, administrative rule (01-07-05) for the Department of Consumer and Industry Services, Director’s Office, entitled “Part 22. Signals, Signs, Tags, and Barricades,” effective 7 days hereafter. August 1, 2001 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 12:20 p.m. this date, administrative rule (01-08-01E) for the Department of Consumer and Industry Services, Bureau of Commercial Services, entitled “Preservation of Contract Rights,” effective upon filing with the Secretary of State. August 6, 2001 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 1:12 p.m. this date, administrative rule (01-08-02) for the Department of Consumer and Industry Services, Director’s Office, entitled “Mortuary Science Licensure Education Requirements,” effective January 1, 2002. August 14, 2001 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 1:40 p.m. this date, administrative rule (01-08-03) for the Department of Environmental Quality, Air Quality Division, entitled “Part 2. Air Use Approval,” effective 7 days hereafter. August 20, 2001 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 3:55 p.m. this date, administrative rule (01-08-04) for the Department of Environmental Quality, Air Quality Division, entitled “Part 9. Emission Limitations and Prohibitions - Miscellaneous,” effective 7 days hereafter. August 20, 2001 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 4:00 p.m. this date, administrative rule (01-08-05) for the Department of Treasury, Bureau of State Lottery, entitled “Lottery Rules,” effective 7 days hereafter. August 23, 2001 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 2:40 p.m. this date, administrative rule (01-08-06) for the Department of Environmental Quality, Waste Management Division, entitled “Water Resources Protection - Part 5. Spillage of Polluting Materials,” effective 7 days hereafter. 1544 JOURNAL OF THE SENATE [September 19, 2001] [No. 60 September 4, 2001 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 1:35 p.m. this date, administrative rule (01-09-01) for the Department of Environmental Quality, Air Quality Division, entitled “Part 9. Emission Limitations and Prohibitions - Miscellaneous,” effective 7 days hereafter. Sincerely, Candice S. Miller Secretary of State Elena L. Beasley, Manager Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: State Budget Office July 12, 2001 The State Treasurer has informed me that 2002 revenues will be insufficient to support the enacted State School Aid Act for the upcoming fiscal year. Pursuant to section 11(3), 1979 Public Act 94, I am hereby notifying you that payments will be pro-rated on an equal percentage basis beginning October 1, 2001 to reflect available revenues. This pro-rated reduction will equal an estimated 5% in fiscal year 2002 and will be applied to all spending categories except those specifically protected in law. It is with great reluctance that I exercise this statutory authority. However, it is critically important to local school districts that they know how much state support they will receive before the new school year commences.