2003-SJ-05-13-044.htm

No. 44

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Tuesday, May 13, 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 not 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--present

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

Cropsey--present McManus--present

Reverend Dr. Benjamin Stanley Baker of New Light Baptist Church of Detroit offered the following invocation:

Gracious God, our Father, we thank You for this day, for life, and the abundance of living. We are thankful that You made us in Your image and in Your likeness.

We know, our Father, that You are God of truth, so make us truth seekers. You are God of justice; make us do justly. You are God of righteousness; may we have a right relationship with You and with each other. Give us wisdom. Give us understanding. Give us clarity of thought. Give us sense enough to seek You, hearts enough to believe, and faith enough to follow. Give us mercy. Give us Your peace, Your presence, and Your power.

May we lay claim to Your promises. Bless now this gathering. May it be done in honor to Thee and that the citizens of this state will be beneficiaries of that which has been done. We give You the glory. We give You honor. Amen.

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

Recess

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

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

10:37 a.m.

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

During the recess, Senators Thomas, Brown, Johnson, Jelinek, Stamas, Bishop, McManus, Sikkema, Patterson, Birkholz, Kuipers, Garcia, Gilbert, Allen, Van Woerkom, Goschka, George, Cassis, Toy and Cropsey entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

The following communication was received and read:

Office of the Auditor General

May 9, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the Office of Postsecondary Services, Michigan Department of Career Development May 2003.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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 Thursday, May 8:

House Bill Nos. 4025 4218 4558 4559 4560 4561 4562 4563 4564 4565 4567 4568 4569 4603 4606

The Secretary announced that the following bills were available at the legislative Web site on Thursday, May 8:

Senate Bill Nos. 461 462 463 464 465 466 467 468 469 470 471 472

House Bill Nos. 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658

The Secretary announced that the following bills were available at the legislative Web site on Friday, May 9:

Senate Bill No. 473

House Bill Nos. 4659 4660 4661 4662 4663 4664 4665

Messages from the Governor

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

Senate Bill No. 195

The motion prevailed.

The following message from the Governor was received:

Date: May 9, 2003

Time: 9:37 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 105 (Public Act No. 6), being

An act to amend 1990 PA 182, entitled "An act to require counties to redistribute certain payments received from the federal government; and to repeal certain acts and parts of acts," by amending the title and sections 1 and 3 (MCL 141.1301 and 141.1303).

(Filed with the Secretary of State on May 9, 2003, at 2:02 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received and read:

May 9, 2003

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 2 of 1927 PA 360, MCL 209.102:

State Tax Commission

Mr. Bob Naftaly, 5402 Pleasant Lake Drive, West Bloomfield, Michigan 48322, county of Oakland, appointed to fill the vacancy created by the resignation of Alfred Thomas Frank, for a term commencing on May 9, 2003, and expiring on September 13, 2003.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

Messages from the House

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

Senate Bill No. 239

The motion prevailed.

Senate Bill No. 180, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 224.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Hardiman as Chairperson.

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. 372, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 360.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

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

Senate Bill No. 425, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," (MCL 125.2301 to 125.2349) by adding section 30i.

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.

Resolutions

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

Senate Resolution No. 85

The resolution consent calendar was adopted.

Senator George offered the following resolution:

Senate Resolution No. 85.

A resolution commemorating the Fiftieth Anniversary of the Michigan Chapter American College of Surgeons.

Whereas, It is with great respect and gratitude to Michigan's surgeons for their tremendous contribution to the health and welfare of citizens across our great state that the Michigan Senate congratulates the Michigan Chapter American College of Surgeons in commemoration of its Fiftieth Anniversary; and

Whereas, The first precursor of American College of Surgeons chapters was formed in Chicago around 1916 with the sole purpose of collecting and distributing information on clinics in the city's hospitals. About 1922, the college endorsed the formation of local groups to be called "chapters" and to function under a city or state, with Nebraska forming the first state chapter; and

Whereas, Chapter formation increased nationwide, ranging from West Virginia to Southern California, and from Louisiana to Minneapolis. The Michigan Chapter of the American College of Surgeons began in 1953, becoming the fifty-first chapter in the nation, with its early success credited to its first president, Dr. Frederick A. Coller of Ann Arbor; and

Whereas, A central feature of the Michigan Chapter of the American College of Surgeons has been the Annual Resident Surgeons' Competition where young residents of exceptional quality present research papers and compete for awards which are given each year at the chapter's annual meeting; and

Whereas, This chapter of Michigan surgeons, with a statewide membership of 1,500 Fellows of the college, meets in camaraderie to enhance the science and art of surgery and encourage surgical residents who are the future of surgery; now, therefore, be it

Resolved by the Senate, That we proudly join in commemoration of the Fiftieth Anniversary of the Michigan Chapter American College of Surgeons and pay tribute to its past and ongoing contributions to the people of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Chapter American College of Surgeons as evidence of our high esteem.

Senators Cropsey, Switalski, Schauer, Jelinek, Toy, Clarke, Jacobs, Goschka, Birkholz and Allen were named co-sponsors of the resolution.

Senators Stamas, Barcia and Allen offered the following resolution:

Senate Resolution No. 82.

A resolution to recommend the designation of US-23 from Standish to Mackinaw City as a heritage route under the provisions of the Michigan Heritage Routes Act, 1993 PA 69.

Whereas, The Michigan Department of Transportation (MDOT), pursuant to the Michigan Heritage Routes Act, 1993 PA 69, is empowered to designate scenic, recreational, and historic highways in the state as heritage routes; and

Whereas, The public highway known as US-23 extending from Standish to Mackinaw City within the counties of Arenac, Iosco, Alcona, Alpena, Presque Isle, and Cheboygan exhibits exceptional recreational qualities that define the history and primary commercial use of the region; and

Whereas, Resolutions of support for the creation of a heritage route have been received from the local units of government and chambers of commerce along the route; and

Whereas, Public meetings have been held and an inventory of recreational attractions has resulted in preliminary designation for the route; and

Whereas, A management plan will continue to be developed by Michigan's Sunrise Side Travel Association, regional planning agencies, and local committees; now, therefore, be it

Resolved by the Senate, That we recommend the designation of US-23 from Standish to Mackinaw City as a heritage route under the provisions of the Michigan Heritage Routes Act, 1993 PA 69. We urge the Department of Transportation to provide signs marking the route as the "Sunrise Side Coastal Highway Recreational Heritage Route" as soon as possible, to meet the spring and summer travel season. We also call on the department to indicate the route on all future versions of the Department of Transportation map and to provide assistance in the completion of the management plan; and be it further

Resolved, That copies of this resolution be transmitted to the members of the State Transportation Commission and the director of the 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 Transportation.

The motion prevailed.

Senators Cropsey, Switalski, Jelinek, Toy, Clarke, Jacobs, Goschka and Birkholz were named co-sponsors of the resolution.

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 Hardiman as Chairperson.

Senate Bill No. 367, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 31a and 32a (MCL 388.1631a and 388.1632a), as amended by 2002 PA 521; and to repeal acts and parts of acts.

Substitute (S-3).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 15, line 17, after "to" by striking out the balance of the sentence through "school" on line 18 and inserting "reduce class size".

2. Amend page 15, line 22, after "to" by striking out "benefit the pupils in the school" and inserting "reduce class size".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Introduction and Referral of Bills

Senator Garcia introduced

Senate Bill No. 474, entitled

A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

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

Senator Barcia introduced

Senate Bill No. 475, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 805a and 807 (MCL 339.805a and 339.807), section 805a as amended by 1995 PA 217.

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

Senator Emerson introduced

Senate Bill No. 476, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 25 (MCL 397.195), as amended by 2002 PA 540; 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 Local, Urban and State Affairs.

House Bill No. 4025, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1180.