2004-SJ-02-26-020.htm

No. 20

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Thursday, February 26, 2004.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Allen--present Emerson--excused Olshove--present

Barcia--present Garcia--present Patterson--present

Basham--present George--present Prusi--present

Bernero--excused 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--excused Van Woerkom--present

Cropsey--present McManus--present

Reverend Dr. Geoffrey Drutchas of St. Paul United Church of Christ of Taylor offered the following invocation:

O God, in these tough uncertain times, rich in question and quandary about how to use the state's resources best, help this body of public servants to be wise in all of its choices and decisions. Guide its men and women to look beyond all purposes, partisan or personal, so that the common good may be upheld and served. And when the day is over and the job is done, assure them of Your blessing and the people's thanks. Amen.

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

Motions and Communications

Senators Brown, Barcia, Goschka, Stamas and Van Woerkom entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

Senator Schauer moved that Senators Bernero and Emerson be excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following appointment:

Director of the Family Independence Agency

Ms. Marianne Udow of 2280 Gale Road, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding Nannette Bowler, who has resigned, appointed for a term effective January 12, 2004, to serve as Director at the pleasure of the Governor.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 25:

House Bill Nos. 5174 5175 5176 5177 5178 5386 5427 5428 5429

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, February 25, for her approval the following bills:

Enrolled Senate Bill No. 512 at 12:56 p.m.

Enrolled Senate Bill No. 513 at 12:58 p.m.

Enrolled Senate Bill No. 800 at 1:00 p.m.

Enrolled Senate Bill No. 785 at 1:02 p.m.

The Secretary announced that the following official bills were printed on Wednesday, February 25, and are available at the legislative Web site:

Senate Bill Nos. 1007 1008 1009

House Bill Nos. 5587 5588 5589 5590 5591 5592 5593 5594 5595 5596

Messages from the Governor

Senators Clarke and Johnson entered the Senate Chamber.

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

Senate Bill No. 195

Senate Bill No. 364

Senate Bill No. 293

Senate Bill No. 265

Senate Bill No. 288

Senate Bill No. 540

Senate Bill No. 283

Senate Bill No. 464

Senate Bill No. 466

Senate Bill No. 395

Senate Bill No. 474

The motion prevailed.

Director of the Family Independence Agency

Senator Hammerstrom moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No. 75 Yeas--35

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn

Nays--0

Excused--3

Bernero Emerson Leland

Not Voting--0

In The Chair: President

Senators Jacobs, Hardiman and Clark-Coleman asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Jacobs' statement is as follows:

I, too, rise today to support the Family and Human Services Committee's recommendation that the Senate consent to Governor Granholm's appointment of Ms. Marianne Udow as Director of the Family Independence Agency.

Ms. Udow has an impressive background and brings a unique set of skills to the public sector. She received her BA from Hamilton-Kirkland Colleges and a Master's of Public Health from the University of Michigan. She has spent her entire career in the private sector, initially with Blue Cross Blue Shield, as the director of Health Policy and Development. She spent time with Mercy Alternative and Care Choices in senior administrative capacities, and then returned to Blue Cross Blue Shield, where she has been employed continuously since 1988. Her most recent position was as senior vice president for Health Care Products and Provider Services.

It is clear she has an extensive background in the human services field and that she has demonstrated great administrative skill in her leadership positions with Blue Cross Blue Shield. She brings a private sector sensibility to her new job, which will help her to identify and eliminate inefficiencies and waste, while making the most out of the resources at hand.

Ms. Udow is also an excellent advocate for the most vulnerable in our state. She was asked by one of our members of Family and Human Services, "Why do you want to have this job?" because she will be heading a department that is often in the paper with some turmoil and many challenges. Ms. Udow's response was that this is really a "call to her heart." She is deeply committed to human services issues and is tremendously excited about this opportunity.

She is an outstanding choice for this position, and I urge my colleagues' support in consenting to her appointment.

Senator Hardiman's statement is as follows:

I rise today to support the appointment of Marianne Udow as FIA Director and to recommend her confirmation.

Ms. Udow responded thoughtfully to several questions posed to her in writing by the Families and Human Services Committee in a public hearing. The committee unanimously recommended her confirmation. Her responses, her background as a successful administrator, and her willingness to take on a challenging task speak well of her, and justify a vote to confirm her.

We will hopefully vote to confirm Ms. Udow not as FIA's sole savior, but as its chief administrator and partner with the Legislature. No one person can do all that needs to be done at the FIA, and I hope that as we vote to give her the authority as Director, we will also acknowledge our responsibility to help the FIA clients for their long-term good. This means fostering a strong ethic of personal responsibility and movement into the workforce where possible. It also means joining with Ms. Udow in her pledge to concentrate on prevention, and I will stress and continue to stress that this means including strong programs to strengthen marriage and fatherhood. There is much to do.

Along with this vote to hopefully confirm Ms. Udow, I hope that we will also pledge to work with her productively, to develop strong legislative oversight for fiscal and programmatic accountability, to work constructively with private and faith-based partnerships, and to produce good outcomes for the clients FIA and we serve.

I rise for this very pleasant task. Ms. Udow is with us today, and she is in the north Gallery. I want to thank her for her commitment and once again support her confirmation.

Senator Clark-Coleman's statement is as follows:

I also rise to support the appointment of Ms. Marianne Udow to direct the Family Independence Agency. Ms. Udow brings fresh ideas to the department and a wealth of administrative skills. She has indicated a desire to update FIA's technology and simplify policy, so that workers charged with providing services to our state's most vulnerable population can spend less time on paperwork and more time helping those in need. She has also expressed her willingness to work with the Legislature, with the federal government, and with private and community agencies to fulfill Michigan's critical human services needs.

Personally, I must say that I am very impressed with Ms. Udow's background and her passion for these issues, as well as her commitment to collaborate. I know that she will make an excellent appointee, and I certainly urge my colleagues to support the consent of Ms. Udow.

Messages from the House

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

Senate Bill No. 506

Senate Bill No. 557

Senate Bill No. 806

Senate Bill No. 502

Senate Bill No. 57

Senate Bill No. 497

Senate Bill No. 498

Senate Bill No. 499

Senate Bill No. 500

Senate Bill No. 715

Senate Bill No. 824

The motion prevailed.

Senate Bill No. 703, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80205 (MCL 324.80205), as added by 2000 PA 229; and to repeal acts and parts of acts.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 full title.

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

Senate Bill No. 842, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 616a.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 76 Yeas--34

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--1

Scott

Excused--3

Bernero Emerson Leland

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.

The Senate agreed to the full title.

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

Senate Bill No. 681, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 11a to chapter VI.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 77 Yeas--35

Nays--0

Excused--3

Bernero Emerson Leland

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.

The Senate agreed to the full title.

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

Senate Bill No. 843, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12e of chapter XVII (MCL 777.12e), as added by 2002 PA 34.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 78 Yeas--30

Allen Garcia Johnson Schauer

Barcia George Kuipers Sikkema

Birkholz Gilbert McManus Stamas

Bishop Goschka Olshove Switalski

Brown Hammerstrom Patterson Thomas

Cassis Hardiman Prusi Toy

Cherry Jacobs Sanborn Van Woerkom

Cropsey Jelinek

Nays--5

Basham Clark-Coleman Clarke Scott

Brater

Excused--3

Bernero Emerson Leland

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.

The Senate agreed to the full title.

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

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 581, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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. 79 Yeas--35

Nays--0

Excused--3

Bernero Emerson Leland

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. 582, entitled

A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

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. 80 Yeas--35

Nays--0

Excused--3

Bernero Emerson Leland

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

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

Senate Resolution No. 175

Senate Resolution No. 139

The motion prevailed.

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

Senate Resolution No. 220

The resolution consent calendar was adopted.

Senator Sikkema offered the following resolution:

Senate Resolution No. 220.

A resolution commemorating March 2004 as Red Cross Month in Michigan.

Whereas, The American Red Cross, founded in 1881 and guided by the principles of compassion, courage, character, and civic duty, has continually served the needs of Michigan residents as well as individuals in need worldwide; and

Whereas, The American Red Cross is uniquely chartered by the United States Congress to act in times of need by providing assistance to persons afflicted by local, state, national, or international disasters, as well as to assist American military personnel and their families; and

Whereas, The American Red Cross distributes about 80 percent of the blood and blood products used by Michigan residents during medical procedures and biomedical operations; and

Whereas, Increased demands and declining donors are creating critical needs for citizens to donate blood, to the point where nonessential surgeries may have to be restricted by Michigan hospitals; and

Whereas, In today's new world of terrorism and threats to homeland security, the American Red Cross is urging all Americans to protect themselves through its "Together We Prepare" program, which includes five actions each citizen should take: Make a Plan, Build a Kit, Get Trained, Volunteer, and Give Blood; and

Whereas, Security preparation efforts include training school teachers, coaches, businesses, and individuals to respond to first aid and safety concerns; now, therefore, be it

Resolved by the Senate, That we hereby proclaim March 2004 as American Red Cross Month in Michigan. Accordingly, we support this organization's noble and humanitarian mission by asking each Michigan citizen to participate in blood drives throughout this year; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Chapter of the American Red Cross.

Senator Hammerstrom moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co-sponsors of the resolution.

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

Introduction and Referral of Bills

Senators Van Woerkom, Prusi and McManus introduced

Senate Bill No. 1022, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading to part 525 and section 52501 (MCL 324.52501), as added by 1995 PA 57, and by adding sections 52502, 52503, 52504, 52505, 52506, and 52507.

The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.

Senators Prusi, Van Woerkom and McManus introduced

Senate Bill No. 1023, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511.

The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.

Senators McManus, Van Woerkom and Prusi introduced

Senate Bill No. 1024, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 50501, 50502, 50504, 50506, 50507, and 50508 (MCL 324.50501, 324.50502, 324.50504, 324.50506, 324.50507, and 324.50508), as added by 1995 PA 57.

The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.

Senators Bishop, Birkholz, Cassis, Patterson, Garcia, Sikkema, Kuipers, McManus, Gilbert, Allen, Van Woerkom, Brown, Goschka, Hammerstrom, Jelinek, Hardiman, George, Jacobs, Brater, Basham and Olshove introduced

Senate Bill No. 1025, entitled

A bill to create a child protection registry; to prohibit the sending of certain communications to registered contact points; to proscribe the powers and duties of certain state agencies and officials; and to provide for penalties and remedies.

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

Senators McManus, Garcia, Stamas, Birkholz, Kuipers and Brown introduced

Senate Bill No. 1026, entitled

A bill to designate the third Friday in September as Michigan manufacturing day in the state of Michigan.

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

House Bill No. 5174, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 16 and 18 (MCL 750.16 and 750.18), section 16 as amended by 2002 PA 672.