2004-SJ-03-11-026.htm

No. 26

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Thursday, March 11, 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--present

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

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

Reverend John Koski of Dearborn Assembly of God of Dearborn offered the following invocation:

Before I pray, I am going to tell you what I am going to pray for--praying hands:

Your thumb reminds you to pray for those closest to you.

Your forefinger reminds you to pray for those who teach, instruct, and heal. They need support and wisdom for pointing others in the right direction.

The next finger is the tallest finger. It reminds us of our leaders. Pray for people who shape our nation and guide public opinion. Two Michigan State Representatives asked me why the politicians always get the middle finger. I asked the Sergeant at Arms, and she said that must be a guy thing.

The fourth finger is our ring finger. Surprisingly to many is the fact that this is our weakest finger. It should remind us to pray for those who are weak, in trouble, or in pain.

Our little finger is the smallest finger of all, which is where we should place ourselves in relationship to God and others. Your pinkie should remind you to pray for yourself. By the time you pray for the other four groups, your own needs will be put into proper perspective, and you will be able to pray for yourself more effectively.

Dear Heavenly Father, we do pray for those closest to us. We pray for all the Senators, for their spouses, their children, and their grandchildren. Lord, meet their needs. Lord, we pray for those in authority over us. Lord, we pray that You would bless those who teach us, who instruct us, who heal us. Lord, we pray for the leaders of our country, for George W. Bush and the leaders in Washington, and the leaders right here in Lansing. We pray that You would raise up a standard of righteousness in our state and our nation.

Lord, we pray for those who are weak. Lord, we pray for those who are in trouble right now. We pray for those who are in pain. Lord, we pray for those who are unborn. Lord, help us to pray for ourselves now, Lord, as each of us have our own personal needs. Lord, we commit them to You, and we pray that You would help us to lead this day as servants. In Jesus' name. Amen.

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

Motions and Communications

Senator Hammerstrom moved that Senator Brown be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that Senator Sikkema be excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4308

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

The following communication was received:

Department of Labor and Economic Growth

March 8, 2004

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor's Consumer Price Index (CPI) were applied to the maximum weekly benefit rate.

I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $379.25. Using the method of applying a percentage of the state average weekly wage, the maximum weekly benefit rate would increase to $431.80.

Respectfully submitted,

Sharon M. Bommarito, Director

Unemployment Insurance Agency

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 Wednesday, March 10:

House Bill Nos. 4937 5281 5337 5394 5483 5484 5552 5553 5554

The Secretary announced that the following official bills were printed on Wednesday, March 10, and are available at the legislative Web site:

Senate Bill No. 1085

House Bill Nos. 5625 5626 5627

The following communication was received and read:

Office of the Senate Majority Leader

March 11, 2004

Pursuant to Senate Rule 3.203c, I am hereby re-referring SB 1088 from the Senate Economic Development, Small Business and Regulatory Reform Committee to the Senate Judiciary Committee.

Respectfully yours,

Ken Sikkema

Senate Majority Leader

The communication was referred to the Secretary for record.

The Secretary announced that the Majority Leader has made the appointment of the following subcommittee:

K-12, School Aid, Education - Senator Johnson temporarily replacing Senator Cropsey.

The subcommittee appointment was approved, a majority of the members serving voting therefor.

Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senators Clarke and Leland 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 10:08 a.m.

10:21 a.m.

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

During the recess, Senators Clarke and Leland introduced Thomas T.S. Cheng, Director General of the Taipei (Taiwan) Economic and Cultural Office in Chicago, and presented him with a Special Tribute.

Mr. Cheng responded briefly.

During the recess, Senator Brown entered the Senate Chamber.

Messages from the Governor

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

Senate Bill No. 840

Senate Bill No. 785

The motion prevailed.

The following messages from the Governor were received:

Date: March 9, 2004

Time: 4:35 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 512 (Public Act No. 21), being

An act to amend 1986 PA 255, entitled "An act to regulate the sale and providing of certain funeral goods or funeral services; to regulate the use of funds received by sellers and providers of funeral goods or services; to prescribe powers and duties of the departments of licensing and regulation, mental health, and social services and certain other state and local officers; to provide for the promulgation of rules and establishment of fees; and to provide certain penalties and remedies," by amending the title and sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 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, 328.225, 328.226, 328.228, 328.229, 328.230, 328.231, 328.232, 328.233, and 328.234), section 19 as amended by 2002 PA 325.

(Filed with the Secretary of State on March 10, 2004, at 9:14 a.m.)

Date: March 9, 2004

Time: 4:37 p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 513 (Public Act No. 22), being

An act to amend 1968 PA 251, entitled "An act to regulate the creation and management of cemeteries; to regulate the sale of cemetery services and merchandise; to provide for a cemetery commissioner, and to prescribe the powers and duties of the commissioner; to require the registration and audit of cemeteries; to regulate persons selling burial, entombment, or columbarium rights, cemetery services, or cemetery merchandise; and to prescribe penalties," 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, 18, 19, and 21 as amended by 1982 PA 132, section 9 as amended by 2003 PA 289, section 10 as amended by 1982 PA 289, and section 16 as amended by 2003 PA 89, and by adding section 16a.

(Filed with the Secretary of State on March 10, 2004, at 9:16 a.m.)

Date: March 10, 2004

Time: 11:21 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 800 (Public Act No. 23), being

An act to amend 1969 PA 306, entitled "An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date," 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.

(Filed with the Secretary of State on March 10, 2004, at 11:34 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

By unanimous consent the Senate proceeded to the order of

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 Hardiman as Chairperson.

Recess

Senator Hammerstrom moved that the Committee of the Whole recess subject to the call of the Chairperson.

The motion prevailed, the time being 10:30 a.m.

10:36 a.m.

The Committee of the Whole was called to order by the Chairperson, Senator Hardiman.

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 without amendment, the following bills:

House Bill No. 4707, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675d (MCL 257.675d), as amended by 2000 PA 268.

Senate Bill No. 1074, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," by amending section 17 (MCL 250.1017).

The bills were 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:

House Bill No. 5476, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 1995 PA 289; and to repeal acts and parts of acts.

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.

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

House Bill No. 4308, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 328, 732, 732a, 810b, and 907 (MCL 257.307, 257.328, 257.732, 257.732a, 257.810b, and 257.907), section 307 as amended and section 810b as added by 2003 PA 152, section 328 as amended by 1995 PA 287, section 732 as amended by 2002 PA 534, section 732a as added by 2003 PA 165, and section 907 as amended by 2003 PA 73.

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.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Bishop introduced

Senate Bill No. 1089, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 408, 410, and 1920 (MCL 500.408, 500.410, and 500.1920), sections 408 and 410 as amended by 1998 PA 457 and section 1920 as amended by 1994 PA 228.

The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.

Senators Olshove, Clark-Coleman, Goschka, Toy, Van Woerkom, Schauer, Cherry, Thomas, Scott, Brater, Cropsey, Switalski, Barcia, Bernero, Clarke, Jelinek, Emerson and Patterson introduced

Senate Bill No. 1090, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2003 PA 247.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators Patterson, Toy, Kuipers, Switalski, Cropsey, Barcia, Cherry, Gilbert, Olshove, Birkholz and Jacobs introduced

Senate Bill No. 1091, entitled

A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators McManus and Birkholz introduced

Senate Bill No. 1092, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30316 (MCL 324.30316), as added by 1995 PA 59.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senator Brown introduced

Senate Bill No. 1093, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37f.

The bill was read a first and second time by title and referred to the Committee on Finance.

Senators Hardiman, Kuipers, Sanborn, Birkholz and Toy introduced

Senate Bill No. 1094, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 77 (MCL 208.77), as amended by 1999 PA 115.

The bill was read a first and second time by title and referred to the Committee on Economic Development, Small Business and Regulatory Reform.

House Bill No. 4937, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending sections 2, 3, and 7a (MCL 408.752, 408.753, and 408.757a), sections 2 and 3 as amended by 1986 PA 277 and section 7a as amended by 1982 PA 176.