Journal of the Senate 91St Legislature REGULAR SESSION of 2002
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No. 66 STATE OF MICHIGAN Journal of the Senate 91st Legislature REGULAR SESSION OF 2002 Senate Chamber, Lansing, Tuesday, November 12, 2002. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Dick Posthumus. The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present. Bennett—present Gougeon—present Sanborn—present Bullard—present 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—excused Steil—present Emerson—present McManus—present Stille—present Emmons—present Miller—present Van Regenmorter—present Garcia—present Murphy—excused Vaughn—excused Gast—present North—present Young—present Goschka—present Peters—present 2110 JOURNAL OF THE SENATE [November 12, 2002] [No. 66 Senator George Z. Hart of the 6th District offered the following invocation: “God bless America, land that I love. Stand beside her and guide her through the night with the light from above. From the mountains to the prairies, to the ocean white with foam. God bless America, my home sweet home. God bless America, my home sweet home.” The President, Lieutenant Governor Posthumus, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Miller, Young and Smith entered the Senate Chamber. Senator Emmons moved that Senator Bullard, Hammerstrom and Schwarz be temporarily excused from today’s session. The motion prevailed. Senator Emmons moved that Senator McCotter be excused from today’s session. The motion prevailed. Senators Schwarz and Hammerstrom entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing September 19, 2002 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 (02-09-04) for the Department of Consumer and Industry Services, Director’s Office, entitled “Carcinogens,” effective 7 days hereafter. October 15, 2002 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 1:20 p.m. this date, administrative rule (02-10-01) for the Department of Consumer and Industry Services, Director’s Office, entitled “Building Code — Rehabilitation Code,” effective October 31, 2002. October 15, 2002 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 1:22 p.m. this date, administrative rule (02-10-02) for the Department of Consumer and Industry Services, Director’s Office, entitled “Part 4. Building Code,” effective October 31, 2002. October 15, 2002 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 1:24 p.m. this date, administrative rule (02-10-03) for the Department of Treasury, Higher Education Assistance Authority, entitled “Michigan Education Trust,” effective 7 days hereafter. No. 66] [November 12, 2002] JOURNAL OF THE SENATE 2111 October 22, 2002 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 11:30 a.m. this date, administrative rule (02-10-04) for the Department of State Police, Special Operations Division, entitled “Uniform Traffic Code for Cities, Townships, and Villages,” effective 7 days hereafter. October 24, 2002 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 2:10 p.m. this date, administrative rule (02-10-05) for the Department of Corrections, entitled “General Rules,” 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: Schoolcraft College September 27, 2002 As required, we are enclosing a copy of the audited financial statements and the management letter for Schoolcraft College for the fiscal year ended June 30, 2002. Sincerely, Jill F. O’Sullivan Vice President for Finance and Business Services The communication was referred to the Secretary for record. The following communications were received: Office of the Auditor General September 30, 2002 Enclosed is a copy of the following audit report and/or executive digest: Performance Audit of Undistributed and Undistributable Child Support Collections, Child Support Program, Office of Child Support, Family Independence Agency, September 2002. October 4, 2002 Enclosed is a copy of the following audit report and/or executive digest: Financial Related Audit of Vendor Payments for the Health Care of Prisoners, Department of Corrections, for the Contract Years Ended April 1, 1999 and April 1, 2000. October 9, 2002 Enclosed is a copy of the following audit report and/or report summary: Financial Audit of the Michigan State Fair and Exposition Center, Department of Agriculture, October 1, 2000 through September 30, 2001. October 25, 2002 Enclosed is a copy of the following audit report and/or executive digest: Performance Audit of the Work First Program, Michigan Department of Career Development and Family Independence Agency, October 2002. November 5, 2002 Enclosed is a copy of the following audit report and/or report summary: Performance Audit of the Storage Tank Division, Department of Environmental Quality, November 2002. Sincerely, Thomas H. McTavish, C.P.A. Auditor General The communications were referred to the Secretary for record. 2112 JOURNAL OF THE SENATE [November 12, 2002] [No. 66 The following communication was received: Department of State Police October 8, 2002 As required under PA 381 of 2000 (MCL 28.425e), the Michigan Department of State Police is filing the enclosed annual report detailing information for each county concealed weapon licensing board on concealed pistol licensure. The annual report details information for the time period of 7/1/01 to 6/30/02. Questions regarding this report may be directed to Mr. David Turner at (517) 322-1658. Sincerely, Diane Sherman Director, Criminal Justice Information Center The communication was referred to the Secretary for record. The following communications were received: Department of Consumer and Industry Services October 14, 2002 Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report: Type of Report Facility License # Licensing Study Report Bay Pines Center CS210200969 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. The report may also be viewed on our web site at the following address: http://www.cis.state.mi.us/fast/leg_rep.htm. If you have any questions regarding this information, please feel free to contact me at 373-3892. October 29, 2002 Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report: Type of Report Facility License # Interim Approval Investigation Report Sequoyah Center CS470201401 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. The report may also be viewed on our web site at the following address: http://www.cis.state.mi.us/fast/leg_rep.htm. 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 Secretary announced that the following House bills were received in the Senate and filed on Thursday, November 7: House Bill Nos. 5456 5465 5952 5953 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, September 26, for his approval the following bill: Enrolled Senate Bill No. 287 at 3:32 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Friday, September 27, for his approval the following bill: Enrolled Senate Bill No. 749 at 10:25 a.m. The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, October 1, for his approval the following bills: Enrolled Senate Bill No. 1086 at 10:36 a.m. Enrolled Senate Bill No. 594 at 10:38 a.m. Enrolled Senate Bill No. 595 at 10:40 a.m. Enrolled Senate Bill No. 593 at 10:42 a.m. Enrolled Senate Bill No. 1020 at 10:44 a.m. Enrolled Senate Bill No. 1323 at 10:46 a.m. No. 66] [November 12, 2002] JOURNAL OF THE SENATE 2113 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 3, for his approval the following bills: Enrolled Senate Bill No. 1119 at 1:30 p.m. Enrolled Senate Bill No. 1315 at 1:32 p.m. Enrolled Senate Bill No. 556 at 1:34 p.m. Enrolled Senate Bill No. 554 at 1:36 p.m. Enrolled Senate Bill No. 562 at 1:38 p.m. Enrolled Senate Bill No. 793 at 1:40 p.m.