2004-SJ-03-17-028.htm

No. 28

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Wednesday, March 17, 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--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--excused McManus--present

Senator Thomas M. George of the 20th District offered the following invocation:

"Praise to Thy name! that to-day we bring forth the head-stone with shoutings.

We enter this building this day, the flag of our country waving over it, the symbol and seal of our State graven upon it, to consecrate it to law,--'whose seat is the bosom of God, her voice the harmony of the universe,'--to legislation and civil business, having in keeping this wide and populous territory with grand living interests and undeveloped powers and treasures.

Let the chamber of high decision be the habitation of justice and judgment; the sure and safe refuge from ignorance and error."

Colleagues, "in the halls of legislation, let no breathing of disloyalty be heard there; no word of faction, no pleading of mere party and sect; charity and courtesy the feeling and language of debate, and the daily record the wisdom of man and the welfare of the State.

The offices of State be sacred to that integrity that holds the public treasury as the individual's property, and the public business above private interest.

'We go hence as the shadow that departeth. God be with us as he was with our fathers.' Grace, mercy, and truth be to those who shall stand in our places as rulers and citizens.

God bless our State, and let this house we have builded be from generation to generation the figure of her stability and excellency." 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 Senators Garcia and Brown be temporarily excused from today's session.

The motion prevailed.

Senators Brater and Garcia entered the Senate Chamber.

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

The motion prevailed.

Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Schauer admittance to the Senate floor, including the center aisle.

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

Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Recess

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

The motion prevailed, the time being 10:08 a.m.

10:27 a.m.

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

During the recess, Senator Schauer introduced the Black History Tour Group from Jackson High School and presented a Special Tribute to Mrs. Shirley Pitts, director.

Mrs. Pitts responded briefly and the Tour Group rendered musical selections.

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

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 16:

House Bill Nos. 4947 5121 5206 5376 5458

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 17:

House Bill Nos. 4649 5530

Messages from the Governor

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

Senate Bill No. 840

Senate Bill No. 785

The motion prevailed.

The following messages from the Governor were received and read:

March 16, 2004

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 4 of the Child Abuse and Neglect Prevention Act, 1982 PA 250, MCL 722.604:

State Child Abuse and Neglect Prevention Board

Ms. Rebecca Bahar of 525 Westmoreland, Lansing, Michigan 48915, county of Ingham, succeeding Pamela Posthumus, whose term has expired, representing the general public, for a term commencing March 16, 2004 and expiring December 19, 2006.

Ms. Anita G. Fox of 1800 Yosemite Drive, Okemos, Michigan 48864, county of Ingham, succeeding Yasmin Abdul-Karim, whose term has expired, representing the general public, for a term commencing March 16, 2004 and expiring December 19, 2006.

Ms. Nancy J. Moody of 1078 Applegate Lane, East Lansing, Michigan 48823, county of Ingham, succeeding Stephen Thomas, Jr., whose term has expired, representing the general public, for a term commencing March 16, 2004 and expiring December 19, 2006.

March 16, 2004

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 Executive Order 2002-6, MCL 256.571:

Governor's Traffic Safety Advisory Commission

Mr. Edwin E. Tatem of 6336 East Norma Lee, West Bloomfield, Michigan 48322, county of Oakland, succeeding Robert Morris, representing local units of government, for a term commencing March 16, 2004 and expiring May 27, 2006.

March 16, 2004

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to office under Section 2 of 1960 PA 77, MCL 390.952:

Michigan Higher Education Assistance Authority

Ms. Phyllis Hooyman of 3780 North Lake Shore Drive, Holland, Michigan 49424, county of Ottawa, succeeding Jerry Scoby, whose term has expired, representing private colleges, for a term commencing March 16, 2004 and expiring May 22, 2007.

Mr. John Shinsky of 3101 North Cambridge Road, Lansing, Michigan 48911, county of Ingham, succeeding Dr. Curtis Tompkins, whose term has expired, representing state supported 4-year public colleges and universities without elected governing bodies, for a term commencing March 16, 2004 and expiring May 22, 2007.

Dr. Craig Douglas of 1828 Kelly Drive, Saginaw, Michigan 48604, county of Saginaw, succeeding Mr. Doug Dodge, whose term has expired, representing secondary schools, for a term commencing March 16, 2004 and expiring May 22, 2007.

Mr. Harvey Hollins III of 4815 Moultrie Circle, Lansing, Michigan 48917, county of Ingham, succeeding Faye Nelson, who has resigned, representing Wayne State University, for a term commencing March 16, 2004 and expiring May 22, 2005.

March 16, 2004

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office under Section 5 of the Shared Credit Rating Act, 1985 PA 227, MCL 141.1055:

Michigan Municipal Bond Authority Board of Trustees

The Honorable Nancy L. Quarles of 18131 Magnolia, Southfield, Michigan 48075, county of Oakland, succeeding Mark Burzych, whose term has expired, representing residents of this state, for a term commencing March 16, 2004 and expiring January 1, 2007.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 783, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

The question being on the passage of the bill,

Senator Thomas offered the following amendments:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"TITLE

An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; to prescribe the powers and duties of certain boards, officials, and other individuals; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act.".

2. Amend page 2, line 18, after "in" by striking out the balance of the line and inserting "subsections (1) through (6):".

3. Amend page 4, following line 3, by inserting:

"(8) The board of a school district or board of directors of a public school academy shall adopt a policy prohibiting harassment, intimidation, or bullying at school. The content of the policy shall be determined locally, but the policy shall contain at least the components in subsection (9). It is recommended that the policy be adopted through a process that includes representation of parents or guardians, school employees, volunteers, pupils, school administrators, and community representatives.

(9) Each school district's or public school academy's policy shall include at least each of the following components:

(a) A statement prohibiting harassment, intimidation, or bullying of a pupil.

(b) A definition of harassment, intimidation, or bullying that includes at least the acts described in the definition in this section.

(c) A description of the type of behavior expected from each pupil.

(d) Consequences and appropriate remedial action for a person who commits an act of harassment, intimidation, or bullying.

(e) A procedure for reporting an act of harassment, intimidation, or bullying, including a provision that permits a person to report an act of harassment, intimidation, or bullying anonymously. However, this subdivision shall not be construed to permit formal disciplinary action solely on the basis of an anonymous report.

(f) A procedure for prompt investigation of reports of violations and complaints, identifying either the principal or the principal's designee as the person responsible for the investigation.

(g) The range of ways in which a school will respond once an incident of harassment, intimidation, or bullying is identified.

(h) A statement that prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation, or bullying, and the consequences and appropriate remedial action for a person who engages in that type of reprisal or retaliation.

(i) Consequences and appropriate remedial action for a person found to have falsely accused another as a means of retaliation or as a means of harassment, intimidation, or bullying.

(j) A statement of how the policy is to be publicized including notice that the policy applies to participation in school-sponsored activities.

(10) Each board or board of directors shall adopt the policy under this section and transmit a copy of its policy to the superintendent of public instruction by September 1, 2005.

(11) To assist school districts and public school academies in developing policies for the prevention of harassment, intimidation, or bullying, the department shall develop a model policy applicable to grades K-12. This model policy shall be issued no later than December 1, 2004.

(12) A board or board of directors shall ensure that notice of the school district's or public school academy's policy under this section is included in any publication of the school district or public school academy that sets forth the comprehensive rules, procedures, and standards of conduct for its schools, and in its pupil handbooks.

(13) A school employee, pupil, or volunteer shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.

(14) A school employee, pupil, or volunteer who has witnessed, or has reliable information that a pupil has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, is encouraged to report the incident to the appropriate school official designated by the school district's or public school academy's policy.

(15) A school employee who promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school district's or public school academy's policy, and who makes this report in compliance with the procedures in the policy prohibiting harassment, intimidation, or bullying is not liable for damages arising from any failure to remedy the reported incident.

(16) Public schools and school districts are encouraged to form bullying prevention task forces, programs, and other initiatives involving school staff, pupils, administrators, volunteers, parents, law enforcement, and community members.

(17) Each school district or public school academy shall do all of the following:

(a) Provide training on the school district's or public school academy's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with pupils.

(b) Develop a process for discussing the harassment, intimidation, or bullying policy with pupils.

(18) A school district or public school academy shall incorporate information regarding the school district or public school academy policy against harassment, intimidation, or bullying into each school's employee training program.

(19) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability.

(20) Each member of a board of a school district or of a board of directors of a public school academy that fails or refuses to comply with this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

(21) As used in subsections (8) through (20):

(a) "At school" means in a classroom, elsewhere on or immediately adjacent to school premises, on a school bus or other school-related vehicle, at an official school bus stop, or at a school-sponsored activity or event whether or not it is held on school premises.

(b) "Harassment, intimidation, or bullying" means any gesture or written, verbal, or physical act that a reasonable person under the circumstances should know will have the effect of harming a pupil or damaging his or her property or placing a pupil in reasonable fear of harm to his or her person or damage to his or her property, or that has the effect of insulting or demeaning any pupil or group of pupils in such a way as to disrupt or interfere with the school's educational mission or the education of any pupil. Harassment, intimidation, or bullying includes, but is not limited to, a gesture or written, verbal, or physical act described in this subdivision that is reasonably perceived as being motivated by a pupil's religion, race, color, national origin, age, sex, sexual orientation, disability, height, weight, or socioeconomic status, or by any other distinguishing characteristic.

(c) "School district" and "public school academy" mean those terms as defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.".

The question being on the adoption of the amendments,

Point of Order

Senator McManus raised the Point of Order that the amendments offered by Senator Thomas was not germane to the bill because it was an amendment by reference to the school code, and the original bill dealt with the penal code.

The President, Lieutenant Governor Cherry, ruled that the amendment was germane because it described misdemeanors and penalties for those misdemeanors and circumstances for what constitutes the misdemeanors.

Senator Sikkema appealed the decision of the Chair.

The question being shall the decision of the Chair stand as the judgment of the Senate,

The decision of the Chair did not stand as the judgment of the Senate, a majority of the members not 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. 134 Yeas--37

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Emerson Johnson Scott

Bernero Garcia 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

Cropsey

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. 784, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 371.

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. 135 Yeas--37

Cherry

Nays--0

Excused--1

Cropsey

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. 990, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5856 (MCL 600.5856), as amended by 1993 PA 78.

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. 136 Yeas--37

Cherry

Nays--0

Excused--1

Cropsey

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

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 Jelinek 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 without amendment, the following bill:

House Bill No. 5386, entitled

A bill to authorize the state administrative board to transfer certain parcels of property in Jackson county.

The bill was placed on the order of Third Reading of Bills.

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

Senate Bill No. 647, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," by amending sections 6 and 29 (MCL 408.1006 and 408.1029) and by adding section 32.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 4, line 7, by striking out all of line 7 through the balance of the subdivision and inserting:

"(v) How the employer intentionally and deliberately disregarded his or her responsibilities under a specific provision of this act or a rule or standard adopted under this act.".

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 847, entitled

A bill to amend 2002 PA 440, entitled "An act to authorize the state administrative board to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance," by amending sections 3 and 4.

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.

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

House Bill No. 5190, entitled

A bill to consolidate certain state human resource operations in the department of civil service; to create certain offices; and to impose certain duties and responsibilities on certain state officials and employees.

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.

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.

House Concurrent Resolution No. 24.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to grant a federal charter to the Korean War Veterans Association.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senators Allen, Cassis, Cropsey, Goschka, Van Woerkom, Cherry, Olshove, Sanborn and Barcia were named co-sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Allen introduced

Senate Bill No. 1100, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2003 PA 158.

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

Senator Emerson introduced

Senate Bill No. 1101, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 233 (MCL 436.1233).

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

Senator Emerson introduced

Senate Bill No. 1102, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51105 and 51106 (MCL 324.51105 and 324.51106), section 51105 as amended by 1996 PA 451 and section 51106 as added by 1995 PA 57; 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 Appropriations.

House Bill No. 4649, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.