2005-SJ-04-20-033.htm

No. 33

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Wednesday, April 20, 2005.

10:00a.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--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--excused

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

Cropsey--present McManus--present

Pastor Mike Reece of Calvary Baptist Church of Midland offered the following invocation:

Our dear Heavenly Father, I thank You for who You are. I thank You that You are all-supreme and all-sovereign; that You are in control of all. Lord, I thank You that You have given us the institution of the church and family and government. And, Lord, in each one of those institutions, You have leadership that is ordained by God. So, Lord, it is a privilege for me today to come to You on behalf of these men and these women. And, Lord, I pray that You give them clarity of thought and mind. I pray that whatever decision there is before them that they would represent the people in this state, the people in their districts, that they would represent You well. I know there are men and women in this chamber, Lord, who feel they are called by God to do this work as Your service. So, Lord, I pray Your blessing upon them today.

We come to You in the name of Your Son Jesus Christ and thank You for all that He has done for us; that through Him we can have the gift of eternal life. Lord, we ask for and seek Your blessings today and thank You in advance for all that You have done and will do for us. And we ask it 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 Toy be excused from today's session.

The motion prevailed.

Senator Toy is attending a funeral.

Senator Schauer moved that Senators Barcia, Leland and Thomas be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the Committee on Health Policy be discharged from further consideration of the following bill:

Senate Bill No.195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12411 and 12431 (MCL 333.12411 and 333.12431).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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

The motion prevailed.

Senator Leland entered the Senate Chamber.

The following communication was received:

Office of the Auditor General

April 19, 2005

Enclosed is a copy of the following audit report:

Performance audit of the Environmental Response and Redevelopment Programs, Department of Environmental Quality.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Secretary for record.

The following communication was received:

Transportation Asset Management Council

April 2005

It is my pleasure to submit to you the 2004 Annual Report of the Transportation Asset Management Council. MCL 247.659a(9) requires the Council to file an annual report with the Legislature and State Transportation Commission by May 2 of each year.

During 2004, the Council surveyed 43,000 miles of federal-aid eligible roads and analyzed the condition of the system. This is the second statewide survey of every mile of federal-aid eligible road in Michigan using a common process. This effort was achieved through a cooperative effort of individuals from county road commissions, city engineering staffs, the Michigan Department of Transportation, regional planning agencies, and metropolitan planning organizations.

As we continue this effort over the next several years, it is the intent of the Council to analyze and report to the Legislature and State Transportation Commission on the investments made to this system and the resulting condition. In this way, you will be kept up-to-date on the overall condition of our roads and bridges; how we are spending the public dollars you have entrusted to us; and the system needs for maintaining and preserving our roads and bridges.

This report was approved by the Council on April 6, 2005. If you have any questions regarding the report you can contact me or our Staff Coordinator, Rick Lilly, at 517-335-2606.

Sincerely,

Carmine Palombo, P.E., Chair

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, April 19:

House Bill Nos. 4481 4569

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, April 19, for her approval the following bill:

Enrolled Senate Bill No.235 at 3:51p.m.

Messages from the Governor

The following message from the Governor was received on April 18, 2005, and read:

EXECUTIVE ORDER

No.2005-9

Task Force on Local Government Services

and Fiscal Stability

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes;

WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that the Governor considers necessary or desirable;

WHEREAS, under Section 1 of Article VII of the Michigan Constitution of 1963 each county in Michigan is a body corporate with powers and immunities provided by law;

WHEREAS, under Section 17 of Article VII of the Michigan Constitution of 1963 each township in Michigan is a body corporate with powers and immunities provided by law;

WHEREAS, under Section 21 of Article VII of the Michigan Constitution of 1963, the Legislature must provide by general laws for the incorporation of cities and villages;

WHEREAS, the health of local government is a critical issue for the State of Michigan as local governments deliver vital services for Michigan residents;

WHEREAS, because of the interdependent relationship between the State of Michigan and its local governments, healthy local governments are a key element in Michigan's prosperity;

WHEREAS, many residents of this state, businesses seeking to locate or expand in Michigan, and entities lending money to this state perceive the financial heath of Michigan's local governments as a measure of the financial health of the State of Michigan;

WHEREAS, local governments in Michigan face increasing demand for public services from citizens while at the same time the cost of providing the services is increasing and revenues to provide new and existing services are constrained;

WHEREAS, state laws, regulations, and programs sometimes hinder the cost-effective delivery of public services by local governments;

WHEREAS, state policies and competition for diminished resources can serve as a barrier to greater cooperation among local governments, favoring inefficient independence over efficient interdependence;

WHEREAS, the relationship between the state and its local governments and the system of financing local government should be reexamined to identify policies that encourage fiscal stability, cooperation, service efficiency, and regional economic growth;

WHEREAS, it is important that local governments have a forum to discuss and attempt to address services provided by local governments and local government finances;

WHEREAS, it is appropriate for local governments in Michigan to seek innovative and flexible options that will allow local governments to better meet the needs of their citizens and that allow the state and local governments to more effectively work together;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. "Department" means the Department of Treasury, a principal department of state government created under Section 75 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.175.

B. "Task Force" means the Task Force on Local Government Services and Fiscal Stability created under this Order.

II. CREATION OF THE TASK FORCE ON LOCAL GOVERNMENT SERVICES AND FISCAL STABILITY

A. The Task Force on Local Government Services and Fiscal Stability is created as an advisory body within the Department as a forum for the discussion of issues relating to local government services and fiscal stability by representatives of local governments in Michigan.

B. The Task Force shall consist of 15 members appointed by the Governor, including each of the following:

1. 4 members representing cities or villages.

2. 4 members representing counties.

3. 4 members representing townships.

4. 3 members representing special purpose local districts or authorities serving more than 1 local unit of government or other intergovernmental entities created by more than 1 local unit of government other than a school district or intermediate school district.

C. In addition to the members appointed under Section II.B, the State Treasurer and the State Budget Director, or their designees, shall serve as ex officio, non-voting members of the Task Force.

D. Members of the Task Force appointed by the Governor under Section II.B shall serve at the pleasure of the Governor.

E. A vacancy on the Task Force shall be filled in the same manner as the original appointment.

III. CHARGE TO THE TASK FORCE

A. The Task Force shall act in an advisory capacity and shall do all of the following:

1. Examine existing sources of revenue for local governments in Michigan.

2. Review services provided by local governments in Michigan, including mandated and non-mandated services, and how those services are funded.

3. Identify state laws, policies, regulations, and funding formulas that contribute to any of the following:

a. Imposition of, or contribution to, fiscal constraints on local governments.

b. Inhibiting the ability of local governments to attract economic development and encourage vibrant communities.

c. Hindering the ability of local governments to deliver services effectively.

d. Restraining the ability to maintain an acceptable quality of life for citizens served by local governments.

4. Identify policies or practices that negatively impact cooperation among local governments for efficient delivery of services and recommend incentives for local governments to work cooperatively.

5. Discuss potential changes in policy that would allow local governments to better provide essential services, improve efficiency, support cooperation among local governments, contribute to a more effective relationship between state and local government in Michigan, and spur economic growth.

B. The Task Force shall provide other information, recommendations, or advice as requested by the Governor or the State Treasurer.

C. The Task Force shall complete its work and issue a final report and recommendations, including any proposed changes in law, to the Governor by November 30, 2005.

IV. OPERATIONS OF THE TASK FORCE

A. The Task Force shall be staffed and assisted by personnel from the Department as directed by the Governor, subject to available resources and funding. Any budgeting, procurement, and related management functions of the Task Force shall be performed under the direction and supervision of the State Treasurer.

B. The Task Force shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

C. The State Treasurer or his or her designated representative shall serve as the Chairperson of the Task Force.

D. The Department shall assist the Task Force with recordkeeping responsibilities.

E. A majority of the members of the Task Force serving constitutes a quorum for the transaction of the Task Force's business. The Task Force shall act by a majority vote of its serving members.

F. The Task Force shall meet at the call of the Chairperson.

G. The Task Force shall establish subcommittees to study specific issues and report recommendations to the Task Force. The Chairperson may designate members of the Task Force as Subcommittee Leaders. The Task Force and its subcommittees may request public participation on workgroups as the Task Force deems necessary. The Task Force may also adopt, reject, or modify any recommendations proposed by a subcommittee or a workgroup.

H. The Task Force may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Task Force may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

I. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available funding.

J. The Task Force may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties as the State Treasurer deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Department of Management and Budget and the Civil Service Commission.

K. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.

L. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department.

V. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Task Force.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 18th day of April, in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

Senators Thomas and Barcia entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Allen, Cropsey, Scott, Schauer and Birkholz asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Allen's statement is as follows:

Today it's with a heavy heart that I address this esteemed body to memorialize the life of Michigan's best, Marine Corporal Michael B. Lindemuth of Pellston, who lost his life in Iraq last week and is being laid to rest today. The following tribute will be reprinted and presented to his family.

"LET IT BE KNOWN, That it is with our deepest respect that we offer the highest tribute for the memorial life of Cpl. Michael B. Lindemuth. He made the ultimate sacrifice on our behalf and this loss has saddened all who had the good fortune of knowing this selfless and courageous young man. On behalf of the Michigan Legislature, the citizens of Michigan, and the United States of America, we extend our deepest condolences and respect to the family and many friends of Cpl. Lindemuth. This brave and devoted son and brother answered our country's call and gave his life for the freedom that we all cherish and enjoy. He will be genuinely missed and fondly remembered.

A native of Northern Michigan, Michael Lindemuth was born on December 17, 1977, and graduated from Northern Michigan Christian Academy in 1996. A kind-hearted, helpful and spiritual man, Cpl. Lindemuth enjoyed many sports, traveling the back roads of Northern Michigan in his truck, visiting historic military battlefields, and using his carpentry skills to assist others. However, Michael Lindemuth's special love was his family, parents Roland and Toni Lindemuth; brother Bryan and wife Amy Lindemuth; sister Lisa and husband Scott Veurink; and beloved niece and nephew Katie and J.R. Lindemuth. Michael was also a devoted member of Harbor Light Community Chapel and attended services wherever he was stationed. His life epitomized the services and the virtues of love of God, love of parents, and love of country.

On July 5, 2000, Michael fulfilled a lifelong dream of being sworn into the United States Marine Corps. The two were an instant match and after finishing his first tour of duty, Cpl. Lindemuth re-enlisted in February of 2004, and was assigned as an inspector-instructor staff of the 3rd Battalion, 24th Marine Regiment, 4th Marine Division out of Akron, Ohio. On March 5, 2005, he was deployed to Iraq for the second combat tour and was attached to the Regimental Combat Team 2, 2nd Marine Division, with the II Marine Expeditionary Force (Forward) in support of 'Operation Iraqi Freedom.' Never one to shirk his duty, Cpl. Lindemuth was respected and loved by the fellow soldiers in his unit because of his competence and strong work ethic. Sadly, his life was cut short after passing away from wounds he received in an enemy mortar attack at Camp Hit in the Al-Anbar Province.

Those familiar with history know that it is not the generals who win battles; it is the privates, sergeants and junior officers who are at the point of the spear. They supply the blood, the sweat, and the tears and that ultimately lead to victory. While no words, flags, or tributes can erase the pain felt by such a tragic loss, we know that heroes come from all walks of life and that Michael gave his as a true patriot. It is young men like Cpl. Lindemuth, who value liberty more than life itself, that have kept this country strong, prosperous, and free.

IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to offer our highest praise in remembrance of Cpl. Michael B. Lindemuth. May his family accept this tribute as a symbol of the high regard in which his memory is held by the people of the State of Michigan and a grateful Nation."

Senator Cropsey's statement is as follows:

A little over a month ago on March 15, enemy terrorists shot several young servicemen who were doing their duty in Baghdad, Iraq. One brave American serviceman gave his life in that attack. This serviceman was not only a citizen of the United States and a citizen of Michigan, he was a son, a husband, and a father who lived in Ovid, Michigan--Senator Garcia's hometown, who is here with me.

Before I read the tribute for Sergeant Ricky Kieffer, a thought came to me this morning that brought back memories of the memorial service for Sergeant Kieffer. In the first epistle of John 3:16, the Bible says, "This is how we know what love is: Jesus Christ laid down his life for us; and we ought to lay down our lives for our brothers."

The pastor at the memorial service, who has a son serving in Iraq, brought up this question: "Is it fair to have a young man killed in the prime of life, who had a young wife and a young family to raise?" The answer is no it isn't fair. At the same time, it was not fair for Jesus Christ to have been crucified and become a sacrifice for our sins. Even though it isn't fair, Christians are grateful for the sacrifice of Jesus Christ for their salvation. Likewise, the pastor said, as Americans, we are grateful for the sacrifice that Ricky Kieffer made for our freedom and for the liberty of the Iraqi people.

With this thought in mind, I have a special tribute for Sergeant Ricky Allan Keiffer.

"LET IT BE KNOWN, That it is with deep respect that we offer the highest tribute as a memorial for the life of Sergeant (Sgt.) Ricky Allan Kieffer. He made the ultimate sacrifice on our behalf and his loss has saddened all who had the good fortune of knowing him. On behalf of the Michigan Legislature, the citizens of Michigan, and the United States of America, we extend our deepest condolences and respect to the family and many friends of Sgt. Kieffer. This brave soldier, dedicated spouse, and loving family man answered his country's call and gave his life for the freedom and liberty we enjoy today. He will be genuinely missed and fondly remembered.

Born November 21, 1968, in Lansing, Ricky Kieffer graduated from Ovid-Elsie High School in 1986. He was an avid hunter and fisherman, and a humanitarian to all who knew him. After high school, Ricky joined the U.S. Army, where he served for four years during which time he was deployed to Iraq in support of Desert Shield/Desert Storm. After these four years of service, he received employment at the Combined Support Maintenance Shop, a member of the Michigan National Guard. It was here that he could use his fantastic skills as a mechanic in his everyday work.

On November 4, 1988, Ricky married Patricia Newell in St. Johns. They have two children, Dustin and Kira, to whom he was a devoted father. Also surviving are his parents, Howard and Barbara Kieffer of Ovid, and a brother, Howard Kieffer, Jr., of Ovid and his mother-in-law, Beverly Newell of Owosso. These people, as well as anyone who knew him, can attest to the loving warmth and compassion that Ricky spread to everyone he was associated with.

Those who are familiar with history know that it is not the generals who win battles; it is the privates, the sergeants, and the junior officers who are at the point of the spear. They are the ones who supply the blood, sweat, and tears that ultimately bring victory. While no words, flags, or tributes can erase the pain felt by such a tremendous loss, we know that heroes come from all walks of life. And it is men like Sgt. Kieffer, who value liberty more than life itself, who have made this country strong and prosperous.

IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to offer the highest praise and in remembrance of Sgt. Ricky Allan Kieffer. May his family accept this tribute as a symbol of the high regard in which his memory is held by the people of the State of Michigan and a grateful Nation."

This is signed by myself, as their State Senator, and also signed by Richard Ball and Scott Hummel, State Representatives for that area of the state, and signed by the Governor of the great state of Michigan, Governor Jennifer M. Granholm.

I do have in the balcony and I would like them to stand at this time Ricky's wife Patty, his son Dustin, his daughter Kira, his father Howard, and his mother Barbara. I just want you to know that we are grateful and we want to say thank you.

Senator Scott's statement is as follows:

I rise again today to share with you a couple more e-mails that I have received from concerned citizens about the high costs of auto and homeowners insurance in Michigan. Thank you for your indulgence.

This one is from a resident of Detroit and she writes: "Martha, thanks so much for your efforts to eliminate auto and homeowners insurance redlining in Detroit. Even my wonderful AAA agent says that he doesn't understand why AAA says that it insures Detroit homeowners but charges so much for the policy that homeowners cannot afford to buy the coverage."

And another resident simply writes: "Thank you for your efforts. I certainly need the help. I'm paying $3,200 a year for one car."

It is important that all of you understand why I speak each day on this critical matter. It is disheartening for me to continually hear from the many Michigan citizens who are upset and distressed with the high costs of auto and homeowners insurance. It is for this very reason that I will continue to advocate for meaningful reform to bring down the high costs of insurance.

Senator Schauer's statement is as follows:

I rise, along with my good friend and colleague Senator Birkholz, to share some exciting news about a challenge that is going to be happening here at the Capitol. Well, actually a couple of blocks away. You might have read this morning or saw us on the steps of the Capitol yesterday announcing the Habitat for Humanity Capitol Challenge. You may know that the days of June 13 - June 24 is the Jimmy Carter work project, which is an annual Habitat for Humanity week where former President Carter and his wife Rosalyn travel around the world. They pick one place on the planet to build homes. This year, actually last year, they were in Mexico; this year they are in Michigan--actually, Michigan and Windsor, Ontario. Two hundred thirty-two Habitat homes are going to be built around the state, and if you have a Habitat for Humanity affiliate in your community, chances are they are going to be participating. I urge you to be a part of that during this week. President Carter himself will be building in Benton Harbor, in Detroit, and also in Windsor.

Now, here is where you come in--you and your staff. During this 10-day period, June 13 - June 24, in conjunction with the Habitat for Humanity of Lansing, one home is going to be built by us. I say us, us as members of the Legislature, our staffs, but also the executive branch. We will begin this home on June 13 in the morning. We will finish, guaranteed, on June 24.

I would now like to turn this over to my good friend and colleague Senator Birkholz to tell you how you can sign up. I want you to know that in just 20 minutes, members of the executive branch, and talking about state employees, filled up all of their volunteer slots. There are a limited number of volunteer slots. I want Senator Birkholz to talk about this competition that we have. It's not between Democrats and Republicans; it's really between the House and Senate.

Colleagues, in closing, we have first dibs here as members, okay. Senator Birkholz and I and Senator Bernero already have our names on the board. So look at your schedule or call your office to find out your availability. Get your name signed in multiple times, and then our staff can join us, as well, by signing up.

Thank you so much, and let's make this a great challenge. We are going to provide a wonderful home for a Lansing family.

Senator Birkholz's statement is as follows:

Thank you very much, Senator Schauer. I urge all of my colleagues to pay attention now because we have got a competition going, and we want to see the Senate win this competition.

In the cloak room is the sign-up board. We have carved out Tuesday, Wednesday, and Thursday. Those are the spots on those two-week periods where the executive branch and the state employees have already filled all of those spots. Our job is to fill up Monday, Friday, and Saturday, and they are all designated. We expect you to work either a morning shift, and that's a full morning shift from 7:30a.m.-noon or an afternoon shift, and that is a full shift from 1:00-5:00p.m.

We expect you to be there for that full time. We want you there ready to work, and we want to win this competition. We want to be the ones who get the most people there and do the most work. So we expect all of you, Democrats, Republicans, everybody to sign up and join us in this Jimmy Carter build, to take part in Lansing building a house and also to take part back in your district if there is a Habitat build there.

So we challenge you to go back and sign up now. We are expecting you all to fill up that board by the end of session tomorrow. We are expecting to win this. You all are a part of it, and you can help us win. So get your dungarees on, your bib overalls, and get your hammer. We are going to build a house.

By unanimous consent the Senate returned 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 Kuipers as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No.83, entitled

A bill to amend 1964 PA 287, entitled "An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts," by amending section 9a (MCL 388.1009a), as amended by 1983 PA 240.

Senate Bill No.180, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 6 (MCL 38.1306), as amended by 1995 PA 272.

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.4318, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 3 and 18 (MCL 125.1653 and 125.1668), section 3 as amended by 2004 PA 521.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:

House Bill No.4012

House Bill No.4013

House Bill No.4227

Senate Bill No.226

The motion prevailed.

The following bill was read a third time:

House Bill No.4012, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 4 and 16 (MCL 125.2154 and 125.2166), section 4 as amended by 2000 PA 248.

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.72 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Toy

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

Senator Hammerstrom moved that consideration of the following bill be postponed temporarily:

House Bill No.4013

The motion prevailed.

The following bill was read a third time:

House Bill No.4227, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 15 (MCL 46.415), as amended by 1980 PA 187.

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.73 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Toy

Not Voting--0

In The Chair: Sanborn

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 of the bill.

The following bill was read a third time:

Senate Bill No.226, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.

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.74 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Toy

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No.27

The resolution consent calendar was adopted.

Senator Toy offered the following resolution:

Senate Resolution No.27.

A resolution recognizing the week of April 25, 2005, as Beta Sigma Phi International Week.

Whereas, On April 28, 2005, in concert with over 12,000 chapters worldwide, the Grand Rapids area chapters of Beta Sigma Phi will celebrate their annual Founder's Day; and

Whereas, Since the 74 years since its founding, the organization of Beta Sigma Phi has promoted programs that encourage cultural study, personal growth, charitable causes, and community service; and

Whereas, The charitable contributions of the sisters exceed $3 million to local charities, as well as millions more to aid worthy causes such as victims of natural disasters, underprivileged children, and families and college students in need; and

Whereas, Locally, Beta Sigma Phi sisters donate their time, energy, and compassion to worthy organizations such as Making Strides Against Breast Cancer, the Children's Festival, Sight Seekers, Mel Trotter Mission, Gilda's House, the Salvation Army, God's Kitchen, the Women's Resource Center, Paws With a Cause, and many other local charities; now, therefore, be it

Resolved by the Senate, That we hereby proclaim the week of April 25, 2005, as Beta Sigma Phi International Week; and be it further

Resolved, That a copy of this resolution be transmitted to Beta Sigma Phi International as a token of our esteem.

Senators Cherry, Bernero, Prusi, Goschka and Brater offered the following resolution:

Senate Resolution No.24.

A resolution to urge the state's colleges and universities to implement procedures and programs to make textbooks more affordable.

Whereas, It is becoming increasingly clear that a college education is the key to success in a rapidly changing economy. Graduating from high school, getting hired by a company, and retiring from that same company is a career path from an age fast disappearing. Post-high school education will be the tool to adapt and shift career paths in response to changing business and society needs. To meet this challenge, the Governor has proposed to double the number of college graduates in Michigan; and

Whereas, College tuition continues to rise faster than the rate of inflation and this problem continues to be debated. One component of the spiraling costs that has not been addressed is the rapidly rising price of textbooks for students. Based on a 2003 survey of University of California students, the yearly cost of textbooks averaged nearly $900. This represented an increase of $250 since a similar survey done in 1997; and

Whereas, Textbook publishers engage in business and marketing practices that push prices higher each year without providing a commensurate benefit to students or faculty. Bundling study aids or CD-ROMs with textbooks that 65 percent of faculty rarely or never use is one factor. Another practice is publishing new editions frequently without making the new edition substantially superior to the edition it replaces. This increases costs by substantially reducing the ability of students to purchase used books from prior semesters; and

Whereas, While addressing these publishing practices and implementing other innovative methods of publishing may provide some relief in the future, steps should be taken now to put a brake on these cost increases. Michigan's colleges and universities are collectively a large user and should seek to harness the influence their combined textbook selection power can provide. By cooperating in textbook selection, our institutions of higher education would be better positioned to bargain with textbook publishers for lower prices. In addition, colleges and universities should explore innovative ways to implement group textbook purchasing programs. Only by reining in the cost of higher education will we be able to meet the Governor's goal of doubling the number of college graduates living and working in Michigan; now, therefore, be it

Resolved by the Senate, That we urge the state's college and university faculties to coordinate textbook selection in order to pressure publishers to make textbooks more affordable; and be it further

Resolved, That we urge the state's colleges and universities to explore ways to implement group textbook purchasing programs to gain leverage to demand lower textbook prices; and be it further

Resolved, That copies of this resolution be transmitted to the presidents and boards of control of Michigan's colleges and universities.

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 Education.

The motion prevailed.

Senators Barcia, Basham, Clark-Coleman, Clarke, Jacobs, Leland, Schauer, Scott, Switalski and Thomas were named co-sponsors of the resolution.

Senators Brater, Birkholz, Switalski, Cherry, Jacobs, Leland, Bernero, Emerson, Olshove, Schauer, Clarke, Clark-Coleman, Patterson, Brown, Van Woerkom, Toy, Goschka, Sikkema and Prusi offered the following resolution:

Senate Resolution No.25.

A resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and

Whereas, more than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and

Whereas, Many of these species have been accidentally introduced from foreign ports by discharge from ships' ballast tanks. There are many more species from all over the world that may still be introduced and pose a threat to the Great Lakes; and

Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and

Whereas, NOBOB ships are exempted by rule of the United States Coast Guard from meeting regulations under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. These regulations require ships with ballast to meet certain requirements for best management practices regarding ballast water, including exchange of ballast water on the open ocean; and

Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and

Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and

Whereas, The Michigan Department of Environmental Quality petitioned the United States Coast Guard on July 14, 2004, seeking to end the exemption from federal ballast water regulations for NOBOB ships; and

Whereas, The United States Coast Guard has published in the Federal Register, pages 1448-1449 of Volume 70:5, a notice for consultation with all interested parties in identifying ballast water management strategies for NOBOB vessels entering the Great Lakes; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law; and be it further

Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.

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 Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Barcia, Hardiman, Scott and Thomas were named co-sponsors of the resolution.

Senator Scott offered the following resolution:

Senate Resolution No.26.

A resolution in support of the Wayne State University College of Urban, Labor and Metropolitan Affairs (CULMA).

Whereas, Wayne State University established the College of Urban, Labor and Metropolitan Affairs (CULMA) in 1985 to coordinate and strengthen programming that advances the university's urban mission; and

Whereas, CULMA maintains a special commitment to address the social, economic, and political issues facing urban areas generally--and Detroit particularly. CULMA serves as the university's center for research, teaching, community engagement, and policy analysis in urban affairs and workplace issues; and

Whereas, The college houses fourteen departments, centers, and programs that produce significant studies for the surrounding community. CULMA makes intentional outreach efforts for the nontraditional student. CULMA is an interdisciplinary setting that exists as an urban lighthouse for education agendas within the city of Detroit; and

Whereas, The far-reaching consequences for the closure have not been addressed--consequences for employees, students, faculty, and supporters. Prospective CULMA students want to secure degrees within the college, and thus, the reason they intentionally selected Detroit and the College of Urban, Labor and Metropolitan Affairs and not other colleges; now, therefore, be it

Resolved by the Senate, That we recognize and support the significant academic contributions of CULMA and the disadvantageous effects that would result if CULMA were dissolved. If CULMA closes, Detroit will lose a strong foundation from its edifice; and be it further

Resolved, That a copy of this resolution be transmitted to administrators at Wayne State University as evidence of our opposition to the closing of the College of Urban, Labor and Metropolitan Affairs. We urge President Reid, the Provost, and the Board of Governors to examine any and all alternatives that would prevent the closure of the College.

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 Education.

The motion prevailed.

Senators Barcia, Cherry, Clark-Coleman, Clarke, Jacobs, Leland, Schauer, Switalski and Thomas were named co-sponsors of the resolutions.

Senators Basham, Birkholz, Switalski, Jacobs, Bernero, Prusi, Scott, Olshove, Brater, Cherry, Leland, Emerson, Schauer, Clarke, Clark-Coleman, Patterson, Brown, Van Woerkom, Toy, Goschka and Sikkema offered the following concurrent resolution:

Senate Concurrent Resolution No.17.

A concurrent resolution to urge the United States Coast Guard to immediately eliminate the "No Ballast on Board" (NOBOB) exemption from regulations on ballast water management and require all ships with ballast tanks that enter the Great Lakes to conform to all regulations for ballast water management in federal law.

Whereas, Great Lakes waters are among the most valuable natural resources in the world, vital to the economy and environment of the state; and

Whereas, More than 160 species of aquatic invasive plants and animals have been introduced into the Great Lakes. Several species, including the sea lamprey, zebra mussel, round goby, and purple loosestrife, have impaired Michigan's environment, affecting recreational and commercial fishing, beaches, municipal and industrial water supplies, coastal habitat, and fundamental ecosystems in the Great Lakes; and

Whereas, Most ships enter the Great Lakes through the St. Lawrence Seaway fully loaded, carrying no ballast, and are designated no ballast on board (NOBOB); and

Whereas, NOBOB ships are still carrying unpumpable water and sediments in ballast tanks that will be mixed with Great Lakes water and pumped out while the vessels are transiting the lakes; and

Whereas, This mixture may contain aquatic invasive species from foreign ports that could be discharged into the Great Lakes; and

Resolved, A copy of this resolution be transmitted to the United States Coast Guard and the United States Department of Transportation.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

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

The motion prevailed.

Senators Barcia, Hardiman and Thomas were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No.12.

A concurrent resolution to memorialize Congress to enact highway reauthorization legislation with a level of funding that closes the gap between federal fuel tax dollars paid by Michigan motorists and dollars received to address Michigan's transportation needs.

(For text of resolution, see Senate Journal No.19, p. 224.)

The House of Representatives has adopted the concurrent resolution and named Reps. Accavitti, Adamini, Anderson, Baxter, Booher, Brown, Byrnes, Byrum, Casperson, Caswell, Clack, Elsenheimer, Farrah, Gillard, Gleason, Gonzales, Gosselin, Hansen, Hildenbrand, Jones, LaJoy, Lemmons, Jr., Marleau, Mayes, Meyer, Miller, Mortimer, Nofs, Palmer, Robertson, Rocca, Sak, Stahl, Stakoe, Taub, Tobocman, Vagnozzi, Vander Veen, Walker, Ward, Zelenko, Donigan, Emmons, Hummel, Lemmons III, Murphy and Sheltrown as co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Introduction and Referral of Bills

Senators Toy, Hammerstrom, Birkholz, Bernero, Basham, Kuipers, Scott, Clark-Coleman, Jelinek, Thomas, Clarke, Cherry, Olshove, Jacobs, Emerson and Barcia introduced

Senate Bill No.400, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 21A.

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

Senators McManus, Kuipers and Goschka introduced

Senate Bill No.401, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title of part 610 and by adding a title for subchapter 1A of chapter 3 and adding part 611.

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

Senators Clarke, Prusi, Jacobs, Clark-Coleman, Bernero, Jelinek, Scott and Birkholz introduced

Senate Bill No.402, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17206.

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

House Bill No.4481, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 759a (MCL 168.759a), as amended by 1999 PA 216; and to repeal acts and parts of acts.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No.4569, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758 and 764b (MCL 168.758 and 168.764b), as amended by 1996 PA 207, and by adding section 763.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

Committee Reports

The Committee on Agriculture, Forestry and Tourism reported

Senate Bill No.225, entitled

A bill to create an agricultural tourism advisory commission; to provide for its powers and duties; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Jelinek, Brater and Thomas

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture, Forestry and Tourism submitted the following:

Meeting held on Thursday, April 14, 2005, at 9:00a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Gilbert, Jelinek, Brater and Thomas

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, April 19, 2005, at 1:00p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Goschka, Leland and Basham

Excused: Senator Kuipers

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Family Independence Agency submitted the following:

Meeting held on Tuesday, April 19, 2005, at 1:00p.m., Room 110, Farnum Building

Present: Senators Hardiman (C), George and Scott

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Tuesday, April 19, 2005, at 1:00p.m., Room 810, Farnum Building

Present: Senators Garcia (C), McManus and Switalski

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, April 21, 9:00a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittees -

Agriculture - Thursdays, April 21 (CANCELED) and April 28, 2:30p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5932)

Capital Outlay - Thursday, April 21, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Commerce, Labor and Economic Development - Wednesday, April 27, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2420)

Community Health Department - Thursdays, May 5, 2:30p.m., and May 12, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower; May 19, 2:30p.m., Rooms 402 and 403, Capitol Building; and June 2, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7946)

General Government - Thursday, April 21, 8:30a.m., and Tuesday, April 26, 1:00p.m., Room 810, Farnum Building (373-2420)

Higher Education - Fridays, April 29, 10:00a.m., University of Michigan-Dearborn, Henry Ford Estate, Music Room, 4901 Evergreen Road, Dearborn; May 6, 10:00a.m., Grand Valley State University, Kirkhof Center, 2nd Floor, Pere Marquette Room, 1 Campus Drive, Allendale; May 13, 10:00a.m., Northwood University, 4000 Whiting Drive, Midland; and May 20, 10:00a.m., Eastern Michigan University, Welch Hall, Room 201, 900 W. Cross Street, Ypsilanti (373-1760)

History, Arts, and Libraries - Tuesday, April 26, 3:00p.m., Room 810, Farnum Building (373-0793)

Judiciary and Corrections - Tuesday, April 26, 3:00p.m., Rooms 402 and 403, Capitol Building (373-3760)

K-12, School Aid, Education - Thursday, April 28, 12:30p.m., Rooms 402 and 403, Capitol Building (373-6960)

State Police and Military Affairs - Thursday, April 21, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (CANCELED), and Wednesday, April 27, 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5932)

Transportation Department - Tuesday, April 26, 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Education - Thursday, April 21, 2:00p.m., Room 210, Farnum Building (373-6920)

Judiciary - Friday, April 22, 10:00a.m., Detroit Sportsmen's Congress, 49800 Dequindre Road, Utica (373-3760)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:52a.m.

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Thursday, April 21, 2005, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate