2005-SJ-09-22-083.htm

No. 83

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Thursday, September 22, 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--excused 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--present

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

Cropsey--present McManus--present

Reverend Patricia Green of United Methodist Church of Madison Heights offered the following invocation:

Eternal God, our Creator, our Savior, spirit of love, source of true peace, and God of all generations--the past, the present, and the future--we give thanks to You for our many blessings individually and collectively. With the problems and the strife in the world, natural disasters, such as the tsunami and Hurricane Katrina leaving families totally helpless and cities destroyed, threats of terror, and the perils of Rita, make us painfully aware of our weakness and our need for You, dear God.

As our Senators gather today, give them inner peace that enables them to respond calmly while they listen carefully to all the matters at hand. Give them wisdom and strength to know and do what is in the best interest of our state. So rule their hearts so that law and order and justice and peace may prevail in all that they legislate.

In the name of the everliving God, we pray. Amen.

Motions and Communications

Recess

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

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

10:20a.m.

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

During the recess, Senators Emerson and Bernero entered the Senate Chamber.

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

Senate Bill No.246

Senate Bill No.318

The motion prevailed.

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

The motion prevailed.

Senator Hammerstrom moved that the enrollment be vacated on the following bill:

Enrolled Senate Bill No.274, entitled

An act to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2006; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The motion prevailed.

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

The motion prevailed.

Senator Schauer moved that Senator Jacobs be temporarily excused from the balance of today's session.

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, September 21:

House Bill Nos. 4335 5026 5110 5176 5177 5178

The Secretary announced that the following official bills were printed on Wednesday, September 21, and are available at the legislative website:

Senate Bill Nos. 759 760 761 762 763 764

House Bill Nos. 5190 5191 5192 5193 5194

Messages from the House

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

Senate Bill No.356

Senate Bill No.419

Senate Bill No.130

The motion prevailed.

The House of Representatives requested the return of

Senate Bill No.274, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2006; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

Senator Hammerstrom moved that the request of the House of Representatives be granted.

The motion prevailed.

Senator Barcia entered the Senate Chamber.

Senate Bill No.264, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(For Conference Report, see Senate Journal No.81, p. 1354.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Senate Bill No.271, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

(For Conference Report, see Senate Journal No.81, p. 1363.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Senate Bill No.272, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2006; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(For Conference Report, see Senate Journal No.81, p. 1390.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Senate Bill No.275, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2006; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(For Conference Report, see Senate Journal No.80, p. 1332.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Senate Bill No.277, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(For Conference Report, see Senate Journal No.80, p. 1338.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Senate Bill No.281, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2006; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

(For Conference Report, see Senate Journal No.81, p. 1425.)

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

By unanimous consent the Senate proceeded 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:

Senate Bill No.566

House Bill No.4916

House Bill No.4917

Senate Bill No.673

Senate Bill No.674

The motion prevailed.

The following bill was read a third time:

Senate Bill No.566, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in Wayne county; to prescribe conditions for the conveyance; to prescribe certain powers and duties of certain state departments and agencies; and to provide for disposition of revenue derived from the conveyance.

The question being on the passage of the bill,

Senator Patterson offered the following substitute:

Substitute (S-2).

The substitute was adopted, a majority of the members serving voting therefor.

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.434 Yeas--36

Allen Cherry Hardiman Sanborn

Barcia Clark-Coleman Jelinek Schauer

Basham Clarke Johnson Scott

Bernero Cropsey Kuipers Sikkema

Birkholz Emerson Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Nays--0

Excused--2

Garcia Jacobs

Not Voting--0

In The Chair: President

Senator Patterson offered to amend the title to read as follows:

A bill to authorize the state administrative board to convey certain parcels of state owned property in Wayne county; to prescribe conditions for the conveyances; to prescribe certain powers and duties of certain state departments and agencies; and to provide for disposition of revenue derived from the conveyances.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

Senator Allen asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Allen's statement is as follows:

Mr.President, today it saddens me very much that one of our key staff members, Andrew Johnson, will be departing us to head to the west part of the state. He has been a very loyal and important part of the 37th District, being an excellent person who has done a great job--his involvement and making sure that constituents were greeted appropriately; making sure the team ran in an efficient way.

He's moving up and has a great job with the Grand Rapids Chamber, and we're very honored for his new job but saddened about his departure, so I'd like to give appropriate Senate greetings.

The following bill was read a third time:

House Bill No.4916, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690), as amended by 2000 PA 259.

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.435 Yeas--36

Allen Cherry Hardiman Sanborn

Barcia Clark-Coleman Jelinek Schauer

Basham Clarke Johnson Scott

Bernero Cropsey Kuipers Sikkema

Birkholz Emerson Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Nays--0

Excused--2

Garcia Jacobs

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 create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,".

The Senate agreed to the full title.

Senator Jacobs entered the Senate Chamber.

The following bill was read a third time:

House Bill No.4917, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 498.

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.436 Yeas--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry

Nays--0

Excused--1

Garcia

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.673, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1536.

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.437 Yeas--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry

Nays--0

Excused--1

Garcia

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.674, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1538 (MCL 380.1538), as added by 1988 PA 339.

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.438 Yeas--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry

Nays--0

Excused--1

Garcia

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Allen, Stamas and George offered the following resolution:

Senate Resolution No.66.

A resolution to express support for the efforts of the Department of History, Arts, and Libraries, the State Historic Preservation Office, and Presque Isle Township to reinstall the historic Fresnel Lens in the Presque Isle Lighthouse Tower.

Whereas, Michigan's lighthouses are important links to the state's maritime heritage. Michigan has more than 120 lighthouses located along 3,200 miles of shoreline - more than any state in the nation. Our lighthouses have shaped and sculpted the state's settlement, commerce, transportation, industry, and recreation; and

Whereas, Presque Isle Light Station, on the Lake Huron shore of northeastern lower Michigan, was established at a critical location marking a turning point for vessels navigating the lake and has the tallest tower of any Great Lakes lighthouse accessible to the public. It has functioned as an aid to navigation since 1871; and

Whereas, Approximately 65,000 visitors annually come to the Presque Isle Light Station seeking to learn more about Michigan's maritime history and to tour an operational historic lighthouse. The Presque Isle Light Station, located on a pristine 98.75-acre parcel of land, was deeded by the United States Coast Guard to Presque Isle Township in 1997 for the study and preservation of maritime history; and

Whereas, From 1871 to 2003, the Presque Isle Lighthouse Tower utilized a historic Fresnel Lens, invented by French physicist Augustin Fresnel in 1822. The Fresnel Lens could throw a beam of light 26 miles due to its unique design allowing the capture of all but 17 percent of its light versus other lenses of that time which lost between 97 and 83 percent of their light. In 2003, the United States Coast Guard removed from atop the Presque Isle Lighthouse Tower the historic Fresnel Lens for restoration, installing in its place a small, airport-style rotating beacon; and

Whereas, The state of Michigan and Presque Isle Township have committed, through the Clean Michigan Initiative Lighthouse Grants, over $450,000 for the restoration of the Presque Isle Light Station and the reinstallation of the historic Fresnel Lens. The replacement of the historic Fresnel Lens atop the Presque Isle Light Station's tower provides an example of a historic working lens and functional aid to navigation at an ideal location for the study of this state's maritime history; now, therefore, be it

Resolved by the Senate, That we support the Department of History, Arts, and Libraries, the State Historic Preservation Office, and Presque Isle Township in their efforts to reinstall the historic Fresnel Lens in the Presque Isle Lighthouse Tower as a working aid to navigation, to be operated by the United States Coast Guard; and be it further

Resolved, That copies of this resolution be transmitted to the Commander of the 9th District of the United States Coast Guard and the Michigan congressional delegation.

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 Local, Urban and State Affairs.

The motion prevailed.

Senators Birkholz, Goschka, Switalski, Toy and Van Woerkom were named co-sponsors of the resolution.

Senate Concurrent Resolution No.26.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Kinross Correctional Facility New Power Plant.

(For text of resolution, see Senate Journal No.74, p. 1184.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott and Jacobs asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

Well, I just have one today, but I just want you to keep in mind, colleagues, that people are hurting and we need to do something to ease their pain. It's too late when things happen and then we say, "Oh, we should have done something." Well, we can and we should do it very soon.

I just want to remind my colleagues, if you take up these bills, you won't hear from me until there's another issue. But you won't hear it on this one.

"I would like to thank you for taking up the cause. I'm paying $1,400 a year on a 1989 Buick, no-fault only, no tickets, no claims. The car is only worth $2,500. I'm unable to put my son on the policy because my insurance will go up well over $3,700 a year--$2,800 just on the Buick, no-fault only, no claims, no tickets. Homeowners have doubled, no claims--never. My gas in my home has tripled in the last two years. To drive my car, well, you know about that, $2.39 a gallon." Well, if he only knows, mine was $2.57 this morning. "I am being paid for only 76 hours, but I work 80. My mortgage was gauged on an 80-hour paycheck. Taxes, how can we continue to go on?"

Senator Jacobs' statement is as follows:

I was out at a bill signing when House Bill No.4916 came to a vote. Had I been here, I would have voted "yes."

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Cherry, Basham, Goschka, Prusi, Barcia, Scott, Brater, Thomas, Clark-Coleman, Jacobs, Clarke, Olshove and Emerson introduced

Senate Bill No.772, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 20173a and 20173b; and to repeal acts and parts of acts.

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

Senators Prusi, Goschka, Barcia, Cherry and Scott introduced

Senate Bill No.773, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16146, 16174, and 16245 (MCL 333.16146, 333.16174, and 333.16245), section 16146 as amended by 1988 PA 462, section 16174 as amended by 2002 PA 643, and section 16245 as amended by 1998 PA 109.

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

Senators Barcia, Thomas, Olshove, Basham, Brater and Cherry introduced

Senate Bill No.774, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 34b; and to repeal acts and parts of acts.

The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.

Senator Hammerstrom introduced

Senate Bill No.775, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 23b, 24, 26, 28, 30, 59a, and 79 (MCL 38.1023b, 38.1024, 38.1026, 38.1028, 38.1030, 38.1059a, and 38.1079), section 23b as amended by 1996 PA 486, section 24 as amended by 1987 PA 58, sections 26, 30, and 59a as amended by 2002 PA 97, section 28 as amended by 1981 PA 123, and section 79 as amended by 1998 PA 501.

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

Senators Cherry, Goschka and Jacobs introduced

Senate Bill No.776, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 552, 761, 766, 961, and 961a (MCL 168.552, 168.761, 168.766, 168.961, and 168.961a), as amended by 2005 PA 71.

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

House Bill No.4335, entitled

A bill to amend 1965 PA 203, entitled "Commission on law enforcement standards act," by amending section 9 (MCL 28.609), as amended by 2004 PA 379.