2004-SJ-02-18-016.htm

No. 16

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Wednesday, February 18, 2004.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

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

Allen--present Emerson--present Olshove--present

Barcia--present Garcia--present Patterson--present

Basham--present George--present Prusi--present

Bernero--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--excused

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present

Senator Samuel Buzz Thomas III of the 4th District offered the following invocation:

Luke 6: 20-31: "And He lifted up His eyes on His disciples, and said: 'Blessed are you poor, for yours is the kingdom of God. Blessed are you that hunger now, for you shall be satisfied. Blessed are you that weep now, for you shall laugh. Blessed are you when men hate you, and when they exclude you, and revile you, and cast out your name as evil, on account of the Son of Man. Rejoice in that day and leap for joy! For behold, your reward is great in heaven; for so their fathers did to the prophets.

But woe to you that are rich, for you have received your consolation. Woe to you that are full now, for you shall hunger. Woe to you that laugh now, for you shall mourn and weep. Woe to you when all men speak well of you, for so their fathers did to the false prophets.

But I say to you that hear: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who abuse you. To him that strikes you on the cheek, offer the other also. And from him who takes away your coat, do not withhold even your shirt. Give to everyone who begs from you. And of him who takes away your goods, do not ask them again. And as you wish that men would do to you, do so to them.'"

In Your name we pray. Amen.

The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Schauer moved that Senator Scott be excused from today's session.

The motion prevailed.

Senator Schauer moved that Senator Bernero be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Kuipers admittance to the Senate floor, including the center aisle.

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

Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Recess

Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:06 a.m.

10:12 a.m.

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

During the recess, Senators Kuipers and Sikkema introduced to the Senate the Grand Valley State University Football Team, 2003 NCAA Division II National Champions, and Coach Chuck Martin, and presented them with a Special Tribute.

Coach Martin responded briefly.

The following communication was received:

Department of Transportation

February 10, 2004

Public Act of 1993, Number 69, titled "Michigan Heritage Routes" requires the Michigan Department of Transportation (MDOT) to report to the governor and the legislature those routes designated as Michigan Heritage Routes during the preceding year.

We are pleased to report that US-23, from Standish to Mackinaw City, has been designated as the Sunrise Side Coastal Heritage Route. Designation as a Michigan Heritage Route signifies that local government agencies, businesses, property owners, and MDOT have teamed together to preserve, improve, and promote this route as an example of one of the most rewarding travel experiences in our state. This portion of US-23 has long been a favorite destination for travelers, accessing some of the most extensive and significant recreational, scenic, ecological, historical, and cultural resources in Michigan.

Adding this route brings the total number of designated Michigan Heritage Routes to 13. Included are:

1. M-1

2. Woodward Avenue in Wayne and Oakland Counties (the only Michigan Heritage Route also designated as a National Byway)

3. US-2 in Iron County

4. I-94BL in the City of Marshall

5. US-41 in Keweenaw County (northern portion)

6. M-123 in Chippewa and Luce Counties

7. M-125 in the City of Monroe

8. A section of M-25 in Bay City

9. M-15 from Clarkston to Bay City

10. M-179 in Allegan and Berry Counties

11. M-22 in Leelanau County

12. M-119 in Emmet County

13. US-12 in the Village of Clinton and Clinton Township

The Michigan Heritage Route program is a public/private partnership that focuses on quality of life issues identified through the application process. We invite you to share our enthusiasm for this program.

If you have any questions, please contact either me or Susan P. Mortel, Director, Bureau of Transportation Planning, at 517-373-0343.

Sincerely,

Gloria J. Jeff

Director

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 17:

House Bill Nos. 5434 5440 5476

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, February 17, for her approval the following bills:

Enrolled Senate Bill No. 334 at 11:44 a.m.

Enrolled Senate Bill No. 826 at 11:46 a.m.

The Secretary announced that the following official bills were printed on Tuesday, February 17, and are available at the legislative Web site:

Senate Bill Nos. 998 999 1000

Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following appointment:

Commission of Agriculture

Ms. Ann M. Jousma-Miller, a Democrat, of 1716 North Lakeshore Drive, Gladstone, Michigan 49837, county of Delta, succeeding Nora M. Viau, whose term has expired, for a term commencing December 31, 2003 and expiring December 31, 2007.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

Messages from the Governor

Senator Bernero entered the Senate Chamber.

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No. 195

Senate Bill No. 364

Senate Bill No. 293

Senate Bill No. 265

Senate Bill No. 288

Senate Bill No. 540

Senate Bill No. 283

Senate Bill No. 464

Senate Bill No. 466

Senate Bill No. 395

Senate Bill No. 474

The motion prevailed.

Commission of Agriculture

Senator Hammerstrom moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 61 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George Leland Switalski

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Scott

Not Voting--0

In The Chair: President

Messages from the House

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No. 506

Senate Bill No. 557

Senate Bill No. 806

Senate Bill No. 502

Senate Bill No. 57

Senate Bill No. 497

Senate Bill No. 498

Senate Bill No. 499

Senate Bill No. 500

Senate Bill No. 715

Senate Bill No. 785

The motion prevailed.

House Bill No. 4463, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q.

The House of Representatives has amended the Senate substitute (S-1) as follows:

1. Amend page 2, line 17, by striking out all of enacting section 1.

The House of Representatives has concurred in the Senate substitute (S-1) as amended.

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

Senate Bill No. 512, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending the title and sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, and 24 (MCL 328.211, 328.213, 328.214, 328.215, 328.216, 328.217, 328.218, 328.219, 328.220, 328.221, 328.222, 328.223, 328.224, 328.225, 328.226, 328.228, 328.229, 328.230, 328.231, 328.232, 328.233, and 328.234), and section 19 as amended by 2002 PA 325.

Substitute (H-3).

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. 62 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 title as amended.

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

Senate Bill No. 513, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending the title and sections 2, 8, 9, 10, 12, 12a, 13, 15, 16, 18, 19, and 21 (MCL 456.522, 456.528, 456.529, 456.530, 456.532, 456.532a, 456.533, 456.535, 456.536, 456.538, 456.539, and 456.541), the title and sections 2, 8, 12, 12a, 13, 15, 16, 18, 19, and 21 as amended by 1982 PA 132, section 9 as amended by 2002 PA 550, and section 10 as amended by 1982 PA 289.

Substitute (H-2).

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. 63 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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.

Senate Bill No. 800, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 5, 8, 24, 28, 39, 41, 41a, 42, 44, 45, 45a, 49, 50, 52, and 53 (MCL 24.205, 24.208, 24.224, 24.228, 24.239, 24.241, 24.241a, 24.242, 24.244, 24.245, 24.245a, 24.249, 24.250, 24.252, and 24.253), sections 5, 8, 24, 41a, 42, 44, 45, 52, and 53 as amended and sections 28, 39, and 45a as added by 1999 PA 262 and section 41 as amended by 1993 PA 141.

Substitute (H-1).

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. 64 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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.

Third Reading of Bills

The following bill was read a third time:

House Bill No. 5154, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8303, 8304, 8306, and 8316 (MCL 324.8303, 324.8304, 324.8306, and 324.8316), sections 8303, 8304, and 8306 as amended by 2002 PA 418.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 65 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

General Orders

Senator Hammerstrom 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 Cherry, designated Senator Clarke as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 4675, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.

Substitute (S-5).

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.

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

Senate Bill No. 559, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.

Substitute (S-1).

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.

Resolutions

Senator Hammerstrom moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 175

Senate Resolution No. 139

The motion prevailed.

Senator Prusi offered the following resolution:

Senate Resolution No. 216.

A resolution to urge the United States Forest Service to review its forest management plan to revise timber practices and address declining timber yields in the country's national forests.

Whereas, The timber growing in our country's national forests is extremely valuable not only because of its recreational appeal and commercial uses, but also because these renewable resources are a cornerstone of the local economy in many ways. Sound management of the forests, especially harvesting timber to an extent that maximizes the health of the forests, is vitally important to using these acres in the most productive and far-sighted manner; and

Whereas, Declining timber yields have become a pressing issue in federal forestlands. Apart from economic considerations, this decline has contributed to increased risks of wildfires and insect damage. The current management strategies in place for our national forests are clearly inadequate; and

Whereas, The timber harvested from Michigan's national forestlands plays a central role in the strength of the local economies. Michigan counties receive payments that amount to 25 percent of stumpage receipts, in addition to payments made in lieu of taxes. The money sent to the local units is vital to the operation of area schools and the maintenance of roads; and

Whereas, In spite of plans that call for far higher levels of timber harvest, the national forests located in Michigan have all yielded significantly lower harvests than the targeted quantities in recent years. In Fiscal Year 2003, 26.7 million board feet (MMBF) were harvested from the Hiawatha National Forest out of an allowable sale quantity of 70 (MMBF); 36.7 MMBF were harvested from the Huron Manistee National Forest out of the allowable quantity of 82.2 MMBF; and 55.9 MMBF was the harvested volume out of a target of 78 MMBF from the Ottawa National Forest; and

Whereas, Many factors argue for revising the strategies used to manage the timber of our national forestlands. The significant risks to our forest resources of current actions and policies demonstrate the need for a revision of forest management policies. The need to increase timber production is clearly evident on many levels, including the impact that this activity has on local schools, roads, and services. A much more active approach to management of the forest, including significantly increasing timber harvests, is necessary; now, therefore, be it

Resolved by the Senate, That we urge the United States Forest Service to review its forest management plan to revise timber practices and address declining timber yields in our country's national forests to encourage increased timber production consistent with sustainable growth; and be it further

Resolved, That copies of this resolution be transmitted to the United States Forest Service.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Agriculture, Forestry and Tourism.

The motion prevailed.

Senators Basham, Clarke, Switalski, Jacobs, Clark-Coleman, Prusi, Thomas, Brater, Barcia, Schauer, Leland, Cherry, Olshove and Bernero offered the following resolution:

Senate Resolution No. 217.

A resolution to memorialize the Congress of the United States to renew the Temporary Emergency Unemployment Compensation program.

Whereas, In spite of indicators in some categories of a strengthening economy, for the millions of Americans who are out of work, this is a time of personal economic crisis. The safety net provided by the federal Temporary Emergency Unemployment Compensation program expired on December 21, 2003, thereby putting many American workers and families in a more difficult position; and

Whereas, The extent of job losses for the working families of this country is especially acute in states that rely upon manufacturing as a major source of jobs. Nowhere is this problem more severe than in Michigan. Our state suffers from the highest level of joblessness among industrial states, with a rate of unemployment at 7.2 percent for December. Over the past year, while there have been some signs of economic growth elsewhere, Michigan's unemployment rate grew, with our current rate a full percentage point higher than 12 months ago; and

Whereas, Among the tools that are available to stimulate the overall economy of our nation, extending unemployment benefits for American workers is clearly a wise step to take. All of these funds would go toward the immediate purchase of goods and services, unlike other stimulus strategies that have been used. Most importantly, the millions of people looking for work face hardships that could cause serious problems in their families and communities. A nation of our resources and spirit must do all it can to invest in its people; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to renew the Temporary Emergency Unemployment Compensation program; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolutions be referred to the Committee on Government Operations,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Commerce and Labor.

The motion prevailed.

Introduction and Referral of Bills

Senators Hardiman, Birkholz, Gilbert, Cropsey, Goschka, Cherry, Kuipers and Brown introduced

Senate Bill No. 1001, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4y.