sj03081t.019

No. 19

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Thursday, March 8, 2001.

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 North--present

Bullard--present Hammerstrom--present Peters--present

Byrum--present Hart--excused Schuette--present

Cherry--excused Hoffman--present Schwarz--present

DeBeaussaert--present Jaye--present Shugars--present

DeGrow--present Johnson--present Sikkema--present

Dingell--present Koivisto--present Smith--present

Dunaskiss--present Leland--present Steil--present

Emerson--present McCotter--present Stille--present

Emmons--present McManus--excused Van Regenmorter--present

Gast--present Miller--present Vaughn--excused

Goschka--present Murphy--present Young--present

Senator John J.H. Schwarz of the 24th District offered the following invocation:

Lord, we ask that as the elected representatives of the people of this state, we have the wisdom to recognize the true needs of Michigan and act upon them. We ask that You give us the ability to speak honestly, negotiate in good faith, and to act wisely. We ask this in Your name. Amen.

Senators Van Regenmorter and Dunaskiss entered the Senate Chamber.

Motions and Communications

Senator Emmons moved that Senator Bullard be temporarily excused from today's session.

The motion prevailed.

Senator Emerson moved that Senators Vaughn, Hart and Cherry be excused from today's session.

The motion prevailed.

Senator Emmons moved that the rules be suspended and that the following bills, now on Committee Reports, be placed at the head of the General Orders calendar for consideration today:

Senate Bill No. 106

Senate Bill No. 108

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

The following communication was received:

Michigan Supreme Court

February 20, 2001

Please find enclosed the 2000 Annual Grievance Report to the Legislature, supplemented by the 2000 Citizen Advisory Committee Report to the Legislature.

Michigan law provides a grievance process for friend of the court constituents who wish to address concerns about office operations or employees. Using a form developed by the State Court Administrative Office (see Attachment A), constituents describe their problem or concern and request resolution. The friend of the court is required to investigate and respond to each grievance. If the constituent is not satisfied with the response, they may request review by the chief circuit judge. At any time during the proceedings, the constituent may file a grievance regarding office operations with the appropriate local citizens advisory committee (see attachment B for the statute describing the grievance process).

In addition to preparing this Annual Grievance Report, the State Court Administrative Office's Friend of the Court Bureau regularly responds to constituent concerns, provides technical assistance to citizen advisory committees, and provides education regarding the functions of circuit courts and friend of the court offices. Educational efforts have included providing litigants with information about the statutory grievance process and providing educational information to citizen advisory committees, as well as providing general information about how Michigan's friend of the court system functions.

We appreciate your consideration, and welcome your suggestions or questions with respect to the grievance procedure, the Annual Grievance Report to the Legislature, or its supplement, the Citizen Advisory Committee Report to the Legislature.

Sincerely,

John D. Ferry, Jr.

State Court Administrator

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

February 21, 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 (01-02-01) for the Department of Consumer and Industry Services, Director's Office, entitled "Declaratory Ruling Request," effective 7 days hereafter.

February 21, 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 3:23 p.m. this date, administrative rule (01-02-02) for the Department of Consumer and Industry Services, Director's Office, entitled "Part I. General Provision," 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:

Department of Consumer and Industry Services

February 28, 2001

Attached is a copy of the preliminary report on the state of competition in the commercial liability insurance market and my certification as to the presence of workable competition in the market during 2000.

This report and certification were prepared in accordance with the requirements of Section 2409(c) of the Michigan Insurance Code of 1956, as amended, MCL 500.2409(c); MSA 24.12409(c).

Frank M. Fitzgerald

Commissioner of Financial and Insurance Services

The communication was referred to the Secretary for record.

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, March 7:

House Bill No. 4147

The Secretary announced the printing and placement in the members' files on Wednesday, March 7, of:

Senate Bill Nos. 273 274 275 276 277 278

House Bill Nos. 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411

4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 4422

Messages from the Governor

The following message from the Governor was received and read:

March 7, 2001

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

Self-Insurers' Security, Second Injury, Silicosis, and Logging Industry Board of Trustees

Ms. Mary Libby Child, 1525 Laurel SE, Grand Rapids, Michigan 49506, county of Kent, as a member representing employers, succeeding Mr. Edward L. Gallagher, Jr., of Clarkston, who has resigned, for a term expiring on March 30, 2004.

Sincerely,

John Engler

Governor

The appointment was referred to the Committee on Government Operations.

Senator Bullard entered the Senate Chamber.

Messages from the House

Senate Bill No. 199, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

General Orders

Senator Emmons moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Posthumus, designated Senator Steil as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Posthumus, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 106, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303).

The bill was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 108, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8807 (MCL 324.8807), as added by 1998 PA 287, and by adding section 3112d.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Senators DeGrow, Schwarz, Emmons, Leland, Smith, Bullard, Byrum and Emerson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator DeGrow's statement is as follows:

This is another one of those times when someone who's been with us a long time is going to depart for the private sector, and Marc Speiser is leaving my office. He's been our legislative director for some time. Of course, before that he worked for Senator Schwarz and before that the former Senator Nick Smith's office. So he's been a part of our family here for a long time.

I'm going to miss him. He stepped in when someone else left. He's done a great job for me, and I know he's served many years for Senator Schwarz. So I just want to publicly thank him on behalf of all the Senate for all the work he's done on behalf of the people of this state. He served us very ably. I wish him well as he leaves us. I'm sure he'll do fine out there; there is life after the Senate. But we will miss him, and he's been here a long time.

We appreciate all your service, Marc, and we have a tribute here. So on behalf of everyone, thank you for all your years of service. Good luck.

Senator Schwarz's statement is as follows:

With Marc leaving, an era ends here in the Senate. Marc has been in the Senate now for about 16 years, working for Nick Smith and then for almost 10 years for myself and then for the Majority Leader. He was my administrative assistant for most of those 10 years. He did an absolutely superb job.

He has a great and understated sense of humor. He is great at sending out pithy and sometimes arcane e-mails and messages to all of us. Frequently, I'm wondering what in the world they mean, but sometimes I was able to figure it out and other times not. Marc reminds me that many times I couldn't figure them out because they weren't in English but were written in some language that I had never seen before--sometimes, I think, in languages he hadn't seen before.

We have a presentation for Marc. Most of you saw it because virtually all of you--members, staff, and all great friends of Marc--signed it. It has a terrific picture of the Senate Chamber--actually, from this vantage point right here--taken by Patrick, who's taking a picture of his picture right now. I want to present it to Marc. I want to tell him that the association he had with my office was an absolute joy, and I want to wish him well in his new duties with TIAA-CREF. There won't be another one like you, my friend, and we will all miss you very, very much.

Senator Emmons' statement is as follows:

Marc was the only one who could tell me things that were witty that I half understood that were still funny. I certainly will miss that wry, weird sense of humor, and I am sure you will take that with you wherever you go.

And gosh, Marc, I think you're lucky to escape this place and actually get a place where you're going to earn some money--it's wonderful! So we wish him much, much, much success.

Senator Leland's statement is as follows:

I know Marc on a totally different level. Marc and I for many years have belonged to the same synagogue here in Lansing. We made it a point over the years that we have known each other to never discuss our politics because, obviously, our politics are very different. My friendship with Marc over the years has been really more of a spiritual relationship.

I remember several years ago my son--my younger son, who was 13 at the time--was preparing for his bar mitzvah. As most of you know, that is a time when a young person has to go before God and before the congregation and cite the part in Hebrew, and after that you have to do an interpretation of what you have just read. Reading the Hebrew part is not a problem, but doing the interpretation on something that was written thousands of years ago, for a 13-year-old child to understand, is very complicated. Marc was there to help my son understand what was in the teachings of the Torah and helped him do the interpretation to the members of the synagogue. They were very academic exercises, and my son learned a lot from Marc.

I learned a lot from Marc, so I know him to be a very intelligent person, a very spiritual person, one who has very strong beliefs in God, in his religion, and his culture. I just respect him a whole lot as a person. I know that our family is better for having known Marc over the years.

As we say in Yiddish, "Lots of nachus." I wish you well. Godspeed, and thank you for all that you have done for our family, Marc.

Senator Smith's statement is as follows:

I'd like to thank Marc for all he's done for the process. I've worked with Marc for the six years that I've been in the Senate, and I worked with Marc before that when I was staff for Senator Lana Pollack. He was always willing to share information and make sure that we were kept up-to-date on issues that were of importance to both our side of the aisle and your side of the aisle.

Marc is also a man of droll wit, and I thought when he left the 5th floor of the Farnum Building that the floor would get a little heavier. Well, Marc, it didn't. We still have some pretty funny people on that floor. But now you're leaving the Legislature, and I think it is going to be a great loss.

Marc is also the person who kept plants alive and shared information on the care, propagation, and feeding of orchids. So he was in the office a lot helping me to keep the plants debugged and watered properly, and I'll miss that expertise too.

So, Marc, good luck at TIAA-CREF. We'll miss you; take care.

Senator Bullard's statement is as follows:

I also have a very valued staff member leaving us, Kelly Falcsik. We wanted to pay tribute to her today, and I promised I would not mention the lower house. She is going to the House of Representatives to work in Representative Nancy Cassis' office, and she has a wonderful opportunity over there.

I remember just three years ago, we had a staff opening, and I was talking to a woman in the Governor's office. I was saying, "You know, we've had a lot of staff people, but we really have a difficult time finding somebody who can write. We need somebody who can write a lot of correspondence and other things." And I said, "Do you know anybody who is looking for a job who can write?"

She said, "Yes, my roommate."

I said, "Well, who does she work for?"

"She works for the Governor."

Well, I thought the Governor has had a habit over the years of taking some of our best staff members, so I thought maybe this was an opportunity to return the favor. We interviewed Kelly and took a writing sample. We learned that not only could she write, but she could communicate verbally. She has a sunny disposition. She's the healthiest person in our office. She runs in marathons. In fact, she went over to Italy and ran marathons.

After Kelly worked for me for a couple of years, I discovered another talent. She's the best pie maker in the whole state Senate, if not in the whole Legislature. In fact, I found out she was selling pies to other Senators, so I started getting some pies. About every Thanksgiving and Christmas I say to Kelly, "Should it be Key lime pie or cherry, raspberry or whatever?"

But anyway, we are very happy that Kelly is having an opportunity like this. We're going to miss her, and we just want to wish her good luck in her future career over in the House.

Who knows? She might be back here someday!

Senator Byrum's statement is as follows:

I also have a person leaving my office. Kendra Kimbirauskis has been employed in my office for the past nine months. She will be graduating from Michigan State University this May, and she's taken a position with the Sierra Club. So we wish Kendra much success as she pursues her life after completion of her college degree.

Senator Emerson's statement is as follows:

I rise to add my comments to those of the previous speakers in wishing Marc well in his new endeavors. I will miss him. It's been a pleasure working with him over the years. I've been on the receiving end of some of those letters, Joe, and I wasn't sure whether he was making fun of me or whether he was complimenting me. But, Marc, we truly have enjoyed it. I wish you well and look forward to working with you in your new capacity.

Resolutions

Senator Bullard offered the following concurrent resolution:

Senate Concurrent Resolution No. 9.

A concurrent resolution urging the Governor to establish a Statewide Youth Advisory Commission.

Whereas, We have a community responsibility to engage young people in a constructive and wholesome manner that will enrich their lives and enhance their futures; and

Whereas, Young people must believe they are respected and valued citizens of their community, state, and nation with all the rights and responsibilities that go along with that citizenship; and

Whereas, Young people are largely underrepresented in government and need a forum to work with elected officials on issues that affect their lives; and

Whereas, The National League of Cities and the Michigan Municipal League have been very active in moving forward the involvement of young people as participants in the governmental process; and

Whereas, Secretary of State Colin Powell has joined with members of the United States Congress to promote bipartisan legislation, entitled "The Young Americans Act," that would establish a comprehensive national youth policy, including a youth council and youth policy office to advise the President of the United States and Congress; and

Whereas, Local youth advisory councils in Michigan cities offer a means for community leaders to talk with young people and provide a forum that allows young people's thoughts and ideas to be heard and acted upon; and

Whereas, A youth advisory commission in the state of Michigan would offer an important forum for statewide issues that affect young people and would further increase youth participation in government; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Governor of the state of Michigan to establish a Statewide Youth Advisory Commission in the executive branch as a state commission; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senator Young was named co-sponsor of the resolution.

Introduction and Referral of Bills

Senator Jaye introduced

Senate Bill No. 299, 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, 80124, 80125, 80131, 80144, 80146, 80150, 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, section 80113 as amended by 2000 PA 215, sections 80142, 80176, and 80180 as amended by 1996 PA 174, and section 80152 as amended by 1999 PA 19, and by adding sections 80168a, 80193a, 80199a, 80199b, 80199c, 80199d, 80199e, 80199f, 80199g, and 80199h; and to repeal acts and parts of acts.