2003-SJ-03-20-028.htm

No. 28

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Thursday, March 20, 2003.

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--present

Brown--present Jacobs--excused 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 James Hines of Lily Missionary Baptist Church of Jackson offered the following invocation:

Our Father and our God, we thank you this morning. We pray for strength and for direction. We look for leadership and understanding. We ask that You would bless these people to decide the best for our country and for our people. We ask that You would bless us in a time of war and give us peace. We ask for victory today. We ask for unity of the House and the Senate. We thank you because You have brought us together. We thank you for this day and opportunity. Amen.

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

Motions and Communications

Senators Kuipers, Bishop and Bernero entered the Senate Chamber.

Senator Hammerstrom moved that Senators Birkholz, Garcia and McManus be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

Senators Barcia, Clark-Coleman and Thomas moved that their names be removed as co-sponsors of the following bill:

Senate Bill No. 255

The motion prevailed.

Senators Birkholz, McManus and Garcia entered the Senate Chamber.

The following communications were received:

Office of the Senate Majority Leader

March 18, 2003

I have made the following appointments to The Council of State Governments' National Committees for 2003-2004:

Senator Raymond Basham Committee on Suggested State Legislation

Senator Patricia Birkholz Executive

Senator Cameron Brown International Committee

Senator Deborah Cherry Intergovernmental Affairs Committee

Senator Alan Cropsey Public Safety and Justice Committee

Senator Valde Garcia Associates Advisory Committee

Senator Thomas George Intergovernmental Affairs Committee

Senator Mike Goschka Annual Meeting Committee

Senator Beverly Hammerstrom Health Capacity Task Force

Senator Ron Jelinek Committee on Suggested State Legislation

Senator Dennis Olshove Environmental Task Force

Senator Bruce Patterson Environmental Task Force

Senator Martha Scott Health Capacity Task Force

Senator Tony Stamas Agricultural and Rural Policy Task Force

March 18, 2003

I have made the following appointments to the National Conference of State Legislatures Standing Committees:

Senator Jason Allen Executive

Senator Raymond Basham Labor and Workforce Development

Senator Patricia Birkholz Environment and Natural Resources

Senator Michael Bishop Legislative Effectiveness and State Government

Senator Liz Brater Environment and Natural Resources

Senator Nancy Cassis Financial Services

Senator Deborah Cherry Redistricting and Elections

Senator Hansen Clarke Economic Development, Trade and Cultural Affairs

Senator Irma Clark-Coleman Education

Senator Alan Cropsey Law and Criminal Justice

Senator Robert Emerson Human Services and Welfare

Senator Judson Gilbert Transportation

Senator Beverly Hammerstrom Health

Senator Bill Hardiman Human Services and Welfare

Senator Gilda Jacobs Health

Senator Shirley Johnson Budgets and Revenue

Senator Wayne Kuipers Education

Senator Michelle McManus Labor and Workforce Development

Senator Dennis Olshove Energy and Electric Utilities

Senator Michael Prusi Budgets and Revenue

Senator Alan Sanborn Economic Development, Trade and Cultural Affairs

Senator Mark Schauer Legislative Effectiveness and State Government

Senator Kenneth Sikkema Redistricting and Elections

Senator Tony Stamas Labor and Workforce Development

Senator Samuel Buzz Thomas Communications, Technology and Interstate Commerce

Senator Laura Toy Energy and Electric Utilities

Senator Gerald Van Woerkom Agriculture and Rural Development

Respectfully yours,

Ken Sikkema

Senate Majority Leader

The communications were referred to the Secretary for record.

The Secretary announced the printing and placement in the members' files on Wednesday, March 19, of:

Senate Bill Nos. 298 299 300

House Bill Nos. 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362

4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376

4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 4390

4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404

4405

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 Goschka as Chairperson.

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

Senate Bill No. 150, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 78106, 78108, 78110, 78115, and 79112 (MCL 324.78106, 324.78108, 324.78110, 324.78115, and 324.79112), sections 78106, 78108, and 79112 as added by 1995 PA 58 and section 78110 as amended and section 78115 as added by 1998 PA 210.

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 returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 255, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45a (MCL 24.245a), as added by 1999 PA 262.

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. 45 Yeas--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Nays--15

Barcia Cherry Leland Scott

Basham Clark-Coleman Olshove Switalski

Bernero Clarke Prusi Thomas

Brater Emerson Schauer

Excused--1

Jacobs

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. 239, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11 (MCL 46.11), as amended by 1998 PA 97.

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. 46 Yeas--37

Allen Clark-Coleman Hardiman Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry

Nays--0

Excused--1

Jacobs

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. 240, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending the title and section 2 (MCL 123.872), the title as amended and section 2 as added by 1985 PA 9.

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. 47 Yeas--37

Cherry

Nays--0

Excused--1

Jacobs

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Resolutions

Senators Patterson, Kuipers, Cassis, Birkholz, Van Woerkom, Gilbert, Cropsey, Toy, Bishop, Brown and Goschka offered the following concurrent resolution:

Senate Concurrent Resolution No. 14.

A concurrent resolution to memorialize the President and Congress of the United States to pursue and support fuel cell research projects in Michigan.

Whereas, In his State of the Union address, President Bush identified fuel cell research as a national priority. While this move holds great significance for our entire country, the urgency for developing a new energy source is most acutely understood in Michigan; and

Whereas, Through the resources of the automotive industry, smaller companies across our state, and university research being conducted at numerous locales, the drive to develop the fuel cell as the next generation energy source has been in high gear in Michigan for many years. The human and technological resources Michigan has as the home of the auto industry indicates both our state's capacity for fuel cell research and its stake in advancing the next generation of energy. Michigan's efforts include innovative approaches to virtually all aspects of the infrastructure necessary to develop fuel cells, including work on the storage and transportation of hydrogen; and

Whereas, In addition to well-known efforts within the auto industry, Michigan is also the site of research seeking to develop fuel cell applications for homes and businesses. Michigan businesses are working closely with university researchers on these projects; and

Whereas, Michigan has made a significant commitment to encouraging enterprise in the field of emerging energy development. The Ninety-first Legislature enacted the "Next Energy" package of legislation to promote energy research, especially fuel cell technology. These acts created a series of tax credits, exemptions, and deductions for businesses working on alternative energy technologies, in addition to providing for alternative energy zones to spur investment. The Next Energy Authority created in the Department of Management and Budget reflects the depth of the state's commitment. Clearly, Michigan is uniquely suited for research devoted to establishing a hydrogen-based means of generating energy for our cars, homes, and businesses; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the President and Congress of the United States to pursue and support fuel cell research projects in Michigan; and be it further

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

Pending the order that, under rule 3.204, the 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 Technology and Energy.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Garcia's statement is as follows:

This morning we announced the initiation of a program called Operation Adopt a Family. What we're trying to do here is get local organizations, community organizations, churches, local chambers, organizations like the Michigan Sheriffs Association, school board associations, and a whole host of others to adopt a family of a member who has been called up from Michigan to serve in our country's armed forces.

Right now more soldiers and airmen have been called up for this operation than were called up during Operation Desert Storm. I know that many of us here recently voted to support the troops. We can wear our yellow ribbons and waive our flags and all that, but one of the things that has struck me from personal experience is that if you take care of a soldier's family, that soldier will do a much better job. This is because no matter how well fed he is, how well trained he or she is, if they're worried about their families, they can't do the best job they can.

So we have come up with an idea--it's not a Republican idea; it's not a Democratic idea; note there are no political boundaries on this--to help communities adopt families whose spouses or family members have been called up to serve on active duty.

You will be receiving a packet on this. If you have any questions, please feel free to call my office, Senator McManus' office, or Senator Toy's office. We want this to be a bipartisan, bicameral approach to help families all across this state whose spouses or family members have been called up for active duty. It can range from a whole host of services--from something as simple as cutting a lawn to providing financial support; perhaps even helping with providing stress relief because so many times there's stress on the family for this.

So I ask the members to take a look at this information that we are going to be sending to their office. We would be glad to see them join up and get this information out to their communities.

Senator Scott's statement is as follows:

Yesterday, one of my colleagues on the other side of the aisle asked the Governor to sign the legislation, Enrolled Senate Bill No. 195. Well, I'm asking the Governor not to sign it.

Upon reviewing Enrolled Senate Bill No. 195, which provides for the taking and questionable oversight of the Detroit Water and Sewerage Department, it has been brought to my attention that the language contained in section 3, subsection (3) of Enrolled Senate Bill No. 195 brings into question the constitutionality of this bill. The ambiguous language contained in section 3, subsection (3) could possibly make this bill unconstitutional. If the language contained in the said section is interpreted to limit the application of the appointments to those qualified counties and qualified cities to those who qualify as of 30 days from the date in which this bill is enacted, then such a restricted application would create a closed class that would prohibit any county or city from qualifying in the future if they currently do not qualify.

This type of legislation, as all of you know, has been considered by the Michigan Supreme Court as a local act. If this bill is a local act, on its face, pursuant to Article 4, Section 29 of the Michigan Constitution, in order for the Governor to sign such local legislation aimed at taking the water system from the citizens of Detroit, then it would have been required that this legislation be passed by two-thirds of the members elected to and serving in each house, in addition to being passed by the local electorate of each county and city that currently qualifies under the act.

We do not need to participate in passing unconstitutional legislation. Individuals should have learned their lesson from the last legislative session in which an attempt was made to create council districts within the city of Detroit, and it was later determined by the Michigan Supreme Court that the legislation was unconstitutional.

We need to take our time rather than rushing legislation through which is aimed at taking the rights of others. I certainly hope that the Governor, nor any members of this honorable body, does not participate in passing unconstitutional legislation. Therefore, I respectfully request the Governor to not sign Enrolled Senate Bill No. 195, for it is unconstitutional and violates Article 4, Section 29 of the Michigan Constitution.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Cropsey, Barcia, Leland, Patterson, Prusi, Stamas, Jelinek, McManus and Schauer introduced

Senate Bill No. 321, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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

Senator Switalski introduced

Senate Bill No. 322, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.