No. 55
STATE OF MICHIGAN
Journal of the Senate
92nd Legislature
REGULAR SESSION OF 2003
Senate Chamber, Lansing, Thursday, June 5, 2003.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.
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--present McManus--present
Pastor John Losen of Bethany Bible Church of Bellville offered the following invocation:
Our Gracious Father in Heaven, we rejoice in the privilege that we have to the throne of grace. We are grateful for access as a result of the work of our Savior, His death, His burial, and His resurrection. We're thankful, Father, to be here today. We remember our President as he returns home that Thou will give journeying mercies.
We're so thankful, Father, for this body, and we pray for discernment, wisdom, and direction to be given by the Spirit of God, that Thy Spirit will be the divine superintendent over all the transactions of this day. Accept our thanks for Your goodness and mercy to us with this republic, and we trust, Lord Jesus, that we'll continue to care for it as Thou dost enable us.
We are thanking Thee again now for the blessing that will be ours throughout this day as we sense Your presence with us. In Christ, the wonderful and matchless name, we pray. Amen.
The Assistant President pro tempore, Senator Sanborn, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Schauer moved that Senator Bernero be temporarily excused from today's session.
The motion prevailed.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
May 7, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:48 p.m. this date, administrative rule (03-05-03) for the Department of Environmental Quality, Water Division, entitled "Part 21. Wastewater Discharge Permits," effective 7 days hereafter.
May 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:38 p.m. this date, administrative rule (03-05-04) for the Department of Consumer and Industry Services, Liquor Control Commission, entitled "General Rules," effective 7 days hereafter.
May 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:40 p.m. this date, administrative rule (03-05-05) for the Department of Consumer and Industry Services, Liquor Control Commission, entitled "Off-premises Licenses," effective 7 days hereafter.
May 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:42 p.m. this date, administrative rule (03-05-06) for the Department of Consumer and Industry Services, Liquor Control Commission, entitled "Church and School Hearings," effective 7 days hereafter.
May 22, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:44 p.m. this date, administrative rule (03-05-07) for the Department of Consumer and Industry Services, Liquor Control Commission, entitled "Financial Responsibilities," effective 7 days hereafter.
Sincerely,
Terri Lynn Land
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Secretary for record.
The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, June 4:
House Bill No. 4513
The Secretary announced that the following bills were available at the legislative Web site on Wednesday, June 4:
Senate Bill Nos. 532 533 534 535 536 554
House Bill Nos. 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803
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 and read:
June 4, 2003
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office:
Director, Office of Services to the Aging
Ms. Sharon L. Gire, 37567 Radde Street, Clinton Township, Michigan 48036, county of Macomb, appointed to a term expiring at the pleasure of the Governor.
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 bills be postponed for today:
Senate Bill No. 239
Senate Bill No. 395
House Bill No. 4238
The motion prevailed.
Senate Bill No. 293, entitled
A bill to amend 1929 PA 152, entitled "An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials," by amending section 3 (MCL 28.283), as amended by 1996 PA 538.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
Third Reading of Bills
Senator Bernero entered the Senate Chamber.
Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4556
House Bill No. 4557
House Bill No. 4558
House Bill No. 4559
House Bill No. 4560
House Bill No. 4561
House Bill No. 4562
House Bill No. 4563
House Bill No. 4564
House Bill No. 4565
House Bill No. 4567
House Bill No. 4568
House Bill No. 4569
Senate Bill No. 379
Senate Bill No. 380
Senate Bill No. 381
Senate Bill No. 382
Senate Bill No. 384
Senate Bill No. 383
Senate Bill No. 472
The motion prevailed.
The following bill was read a third time:
House Bill No. 4556, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.
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. 172 Yeas--34
| Allen | Cherry | Hardiman | Patterson |
| Barcia | Clarke | Jacobs | Prusi |
| Basham | Cropsey | Jelinek | Schauer |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Kuipers | Stamas |
| Bishop | George | Leland | Switalski |
| Brater | Gilbert | McManus | Toy |
| Brown | Goschka | Olshove | Van Woerkom |
| Cassis | Hammerstrom |
Nays--4
Clark-Coleman Sanborn Scott Thomas
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
Protest
Senator Thomas, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4556 and moved that the statement he made during the discussion of the bill be printed as his reason for voting "no."
The motion prevailed.
Senator Thomas' statement is as follows:
I recognize, colleagues, that this is a revenue enhancement portion of the Governor's executive budget, and certainly, I am aware that we have to find at least $100 million of new revenue. I would submit to you that this is not an equity package, as it will be related to you. It will set up an unequal playing field for casinos that operate here within the state of Michigan--casinos that were voted on by all of the state of Michigan and that are regulated by this Legislature. The reality is this: Under current law, if you are an in-state resident or an out-of-state resident and you win over a certain dollar figure at a casino, that casino has to file a report to the IRS for your taxes. They do not withhold those taxes, but they file a report that you won, and you are voluntarily requested to then pay that tax.
Under this legislation, the playing field actually is not leveled. Out-of-state winners at Michigan casinos would now have the same reporting requirement that in-state residents would have, yet they would also have a 4 percent tax automatically deducted off of their winnings. So this is not leveling the playing field. It is actually making it less competitive for out-of-state gamblers.
Now you may ask why that matters. Well, 20-30 percent of the revenue of these casinos that do happen to be located in Detroit are coming from out-of-state gamblers. Their major competitor is in Windsor, Ontario. Windsor, Ontario, markets their casino as having tax-free winnings. Any of us who see any billboard for Casino Windsor or any gaming enterprise in the province of Ontario know that they market tax-free. Other states around us market tax-free winnings with riverboat gambling. So we are putting the casinos in Detroit at a competitive disadvantage against their competitors. I don't think that's prudent. These casinos provide more than $100 million of revenue to the state of Michigan in taxes that they pay. They provide more than $100 million in revenue to the city of Detroit in taxes that they pay. Why would we want to take away their ability to pay taxes back to the state?
This is not equity. This is setting up a separate taxing structure for folks who live out of state, and we've said time and again that we don't want to do that on out-of-state businesses that come in. So why would we want to do it on out-of-state tourists who come in? The tourists who come here are spending good dollars, and they're not just spending dollars in the casinos. They are spending it in the businesses that surround the casinos and the communities that surround the casinos. So the fiscal impact here is not as great as it has been represented by the Department of Treasury--as much as I hate to say it.
We heard testimony in committee that the $6.6 million in revenue Treasury estimates that they would receive off of this is actually more like $600,000, so their estimates are already off. So what happens then is that we create an inequitable situation for gaming enterprises that are based here in Michigan. We create a disincentive for out-of-state folks to come here when they can just go for an extra 20-minute drive to Windsor to gamble tax-free. In the end, we are going to lose gamers and revenue, so it is, in fact, a net loss for us, not a net gain. I think that if we really do want to raise revenue, there are much better ways to do it, and this is not the way to go. I would urge my colleagues to think very carefully about this.
The voters of the state of Michigan--the entire state of Michigan--voted to approve those three casinos in Detroit. They provide assets and resources for all of us--our schools, our roads, our towns, and our cities. Don't pull the legs out from under them and provide them this disadvantage against competition from Windsor.
The following bill was read a third time:
House Bill No. 4557, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 4 (MCL 206.4).
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. 173 Yeas--34
| Allen | Cherry | Hardiman | Schauer |
| Barcia | Clark-Coleman | Jacobs | Scott |
| Basham | Clarke | Jelinek | Sikkema |
| Bernero | Cropsey | Johnson | Stamas |
| Birkholz | Emerson | Leland | Switalski |
| Bishop | Garcia | McManus | Thomas |
| Brater | George | Olshove | Toy |
| Brown | Goschka | Prusi | Van Woerkom |
| Cassis | Hammerstrom |
Nays--4
Gilbert Kuipers Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4558, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 22 (MCL 206.22), as amended by 1996 PA 484.
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. 174 Yeas--35
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Toy |
| Brown | Gilbert | McManus | Van Woerkom |
| Cassis | Goschka | Olshove |
Nays--3
Patterson Sanborn Thomas
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4559, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 26 (MCL 206.26).
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. 175 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4560, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 315 (MCL 206.315).
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. 176 Yeas--38
| Allen | Clark-Coleman | Jacobs | 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 | Hardiman |
Nays--0
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4561, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 351 (MCL 206.351), as amended by 1996 PA 264.
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. 177 Yeas--34
| Allen | Cherry | Hardiman | Patterson |
| Barcia | Clarke | Jacobs | Prusi |
| Basham | Cropsey | Jelinek | Schauer |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Kuipers | Stamas |
| Bishop | George | Leland | Switalski |
| Brater | Gilbert | McManus | Toy |
| Brown | Goschka | Olshove | Van Woerkom |
| Cassis | Hammerstrom |
Nays--4
Clark-Coleman Sanborn Scott Thomas
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4562, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 355 (MCL 206.355), as amended by 1991 PA 82.
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. 178 Yeas--32
| Allen | Cassis | Hammerstrom | Olshove |
| Barcia | Cherry | Hardiman | Prusi |
| Basham | Clarke | Jacobs | Schauer |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Garcia | Johnson | Stamas |
| Bishop | George | Kuipers | Switalski |
| Brater | Gilbert | Leland | Toy |
| Brown | Goschka | McManus | Van Woerkom |
Nays--5
Clark-Coleman Sanborn Scott Thomas
Patterson
Excused--0
Not Voting--1
Emerson
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4563, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 365 (MCL 206.365), as amended by 1996 PA 448.
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. 179 Yeas--33
| Allen | Cherry | Hammerstrom | Olshove |
| Barcia | Clarke | Hardiman | Prusi |
| Basham | Cropsey | Jacobs | Schauer |
| Bernero | Emerson | Jelinek | Sikkema |
| Birkholz | Garcia | Johnson | Stamas |
| Bishop | George | Kuipers | Switalski |
| Brater | Gilbert | Leland | Toy |
| Brown | Goschka | McManus | Van Woerkom |
Cassis
Nays--5
Clark-Coleman Sanborn Scott Thomas
Patterson
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4564, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 451 (MCL 206.451), as amended by 2002 PA 581.
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. 180 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4565, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 12 (MCL 206.12), as amended by 1996 PA 484.
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. 181 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4567, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 27a (MCL 205.27a), as amended by 2002 PA 657.
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. 182 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 title of the bill.
The following bill was read a third time:
House Bill No. 4568, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 15 (MCL 205.65), as amended by 2002 PA 579.
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. 183 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4569, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 6 (MCL 205.96), as amended by 1998 PA 266.
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. 184 Yeas--36
| Allen | Cherry | Hammerstrom | Prusi |
| Barcia | Clark-Coleman | Hardiman | Schauer |
| Basham | Clarke | Jacobs | Scott |
| Bernero | Cropsey | Jelinek | Sikkema |
| Birkholz | Emerson | Johnson | Stamas |
| Bishop | Garcia | Kuipers | Switalski |
| Brater | George | Leland | Thomas |
| Brown | Gilbert | McManus | Toy |
| Cassis | Goschka | Olshove | Van Woerkom |
Nays--2
Patterson Sanborn
Excused--0
Not Voting--0
In The Chair: Sanborn
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 levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 379, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 9 and 9b (MCL 117.9 and 117.9b), section 9 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465, and by adding sections 9c, 9d, and 9e.
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. 185 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 380, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5) and by adding section 5b.
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. 186 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 381, entitled
A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.
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. 187 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 382, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1a to 41.110c) by adding section 104a.
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. 188 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 384, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.
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. 189 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 383, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 6 of chapter XIV (MCL 74.6) and by adding sections 6b, 6c, and 6d to chapter XIV.
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. 190 Yeas--37
| Allen | Clark-Coleman | Hardiman | Sanborn |
| Barcia | Clarke | Jacobs | Schauer |
| Basham | Cropsey | Jelinek | Scott |
| Bernero | Emerson | Johnson | Sikkema |
| Birkholz | Garcia | Leland | Stamas |
| Bishop | George | McManus | Switalski |
| Brater | Gilbert | Olshove | Thomas |
| Brown | Goschka | Patterson | Toy |
| Cassis | Hammerstrom | Prusi | Van Woerkom |
Cherry
Nays--1
Kuipers
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 472, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 18 (MCL 224.18), as amended by 2000 PA 342.
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. 191 Yeas--38
| Allen | Clark-Coleman | Jacobs | 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 | Hardiman |
Nays--0
Excused--0
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
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 Assistant President pro tempore, Senator Sanborn, designated Senator Prusi as Chairperson.
After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4310, entitled
A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 25 (MCL 285.85), as added by 2002 PA 80.
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 a substitute therefor, the following bill:
House Bill No. 4087, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 317.
Substitute (S-4).
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. 230, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534).
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 amendment, the following bill:
House Bill No. 4511, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 9, following line 26, by inserting:
"(9) As used in this section, "session day" means each day in which a quorum of both the house of representatives and the senate, following a call to order, officially convenes in Lansing to conduct legislative business.".
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 amendment, the following bill:
House Bill No. 4083, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36103 (MCL 324.36103), as amended by 1996 PA 233.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, line 17, by striking out "36111(2)" and inserting "36111(2)(a)".
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.
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 99
Senate Resolution No. 100
Senate Resolution No. 101
Senate Resolution No. 102
Senate Resolution No. 104
The resolution consent calendar was adopted.
Senators Toy, Patterson, Gilbert, Cropsey, McManus, Cassis, Goschka, Stamas, Garcia, Hammerstrom, Van Woerkom, Johnson, Sikkema, George, Birkholz, Brown, Hardiman, Jelinek, Allen, Bishop, Kuipers and Sanborn offered the following resolution:
Senate Resolution No. 99.
A resolution recognizing and commending Mike Severino for his dedication and service to the Michigan State Senate in his role as a policy advisor in the Senate Majority Policy Office.
Whereas, Prior to entering college, Mike Severino served as a telecommunications specialist in the United States Army, where he was promoted three times within a twelve-month period, won first place in his division's radio teletype operator competition, and was awarded the Army Achievement Medal for service in Korea; and
Whereas, Having earned his Bachelor of Science degree in finance from the University of South Florida in 1988, Mike Severino first came to the Senate Majority Policy Office in 1991 to work as a law clerk while attending Thomas M. Cooley Law School; and
Whereas, Mike Severino received his Juris Doctor degree, cum laude, from Thomas M. Cooley Law School in 1992. He returned to the Senate Majority Policy Office in 1993 to serve as the policy advisor for local government issues; and
Whereas, While serving as a policy advisor, Mike Severino was assigned to the Senate Committees on Local, Urban and State Affairs, Senior Citizens and Veterans Affairs, and Appropriations Subcommittees on Corrections and State Police and Military Affairs; and
Whereas, Since 1998, Mike Severino has held the office of Ingham County Commissioner and is responsible for representing over 17,000 constituents in two townships as part of the county's legislative body; now, therefore, be it
Resolved by the Senate, That we hereby recognize and honor Mike Severino for his 10 years of service and dedication to the Michigan Senate Majority Policy Office as a policy advisor; and be it further
Resolved, That we congratulate Mike Severino and extend our profound gratitude to him for the invaluable and vital role he has played in helping this state's elected officials analyze, evaluate, and craft the proposed legislation that often become the laws of this great democracy; and be it further
Resolved, That a copy of this resolution be transmitted to Mike Severino as a token of our esteem.
Senators Bernero, Cherry, Clarke, Jacobs, Prusi and Switalski were named co-sponsors of the resolution.
Senators Gilbert and Goschka offered the following resolution:
Senate Resolution No. 100.
A resolution designating the month of June 2003 as Michigan Truck Safety Month.
Whereas, Over 2 million long-haul trucks and 138 million automobiles share our nation's highways each day; and
Whereas, The loss of more than 5,000 lives each year in accidents involving large trucks raises important safety issues; and
Whereas, Truck drivers, who experience more workplace fatalities than any other single occupation, are acutely aware of their responsibility to contribute to highway safety; and
Whereas, Long-haul truckers serve vital business just-in-time delivery schedules at great personal sacrifice, including driving at all times of the day and night and under adverse weather, road, and delivery conditions; and
Whereas, Our state and national economies depend upon our long-haul truckers, who deliver 71 percent of the dollar value of freight hauled in the United States; and
Whereas, Truck safety has become the highest priority of the Federal Motor Carrier Safety Administration, and the federal government invests nearly $200 million in truck safety enforcement activities each year; and
Whereas, Truck drivers across the country have committed themselves to make June a model month for compliance with the truck safety rules; now, therefore, be it
Resolved by the Senate, That we designate the month of June 2003 as Michigan Truck Safety Month; and be it further
Resolved, That a copy of this resolution be transmitted to the Owner-Operator Independent Drivers Association (OOIDA) as evidence of our appreciation for their efforts in promoting highway safety awareness.
Senators Allen, Bernero, Birkholz, Bishop, Brater, Cassis, Cherry, Clarke, Cropsey, Garcia, Hardiman, Jacobs, Jelinek, Kuipers, Leland, Olshove, Prusi, Schauer, Scott, Stamas, Switalski, Thomas, Toy and Van Woerkom were named co-sponsors of the resolution.
Senator Basham offered the following resolution:
Senate Resolution No. 101.
A resolution to recognize August 9, 2003, as National Marina Day.
Whereas, The citizens of Michigan place a high value on the recreation qualities of natural resources, in particular our Great Lakes and inland waterways; and
Whereas, Michigan is home to over 1,000 recreational boating and harbor facilities that contribute substantially to the lifestyles, recreation, and tourism of its communities, providing a safe and reliable gateway to boating; and
Whereas, Michigan's marinas also serve as stewards of the environment, actively seeking to protect and preserve surrounding waterways for future generations to come; and
Whereas, Marinas in Michigan provide the most significant venue for its citizens and visitors to share the wonders of its shorelines and waterways for family and friends; now, therefore, be it
Resolved by the Senate, That Michigan's marinas will continue to provide environmentally friendly access to the state's greatest natural resource for its citizens and visitors--its water; and be it further
Resolved, That August 9, 2003, be recognized as Michigan's first annual National Marina Day in order to recognize Michigan's marinas for their contributions and service to the state of Michigan and its citizenry; and be it further
Resolved, That each succeeding second Saturday of August shall hereinafter be recognized as Michigan joining together with our country's other states in celebration of National Marina Day; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Boating Association as a token of our support.
Senators Bishop, Cassis, Cherry, Clark-Coleman, Clarke, Cropsey, Jacobs, Kuipers, Leland, Olshove, Prusi, Schauer, Scott, Switalski, Thomas, Toy and Van Woerkom were named co-sponsors of the resolution.
Senators Switalski, Sanborn and Olshove offered the following resolution:
Senate Resolution No. 102.
A resolution honoring Gloria Schwesig as an outstanding elementary school principal in the Chippewa Valley School District.
Whereas, Mrs. Schwesig established an "open door" policy, and you can see her at her desk as you pass by the school's media center. In addition, parents are welcome to stop in and visit, and students can be seen often reading to her at her desk; and
Whereas, Participation in Miami Elementary School's PTO has more than doubled, and she makes parents feel connected to the school because of her approachable manner and infectious enthusiasm. She is also constantly talking about ways to better serve the students, which include a new state-of-the-art computer lab; and
Whereas, Mrs. Gloria Schwesig established the "Celebration of America" program, which helped raise money for a family directly affected by the tragedy of September 11. She also created a new "Dad's Club" which has uplifted the school's morale, and a new gym will be built in the fall, as a direct result of her efforts; now, therefore, be it
Resolved by the Senate, That we honor and offer congratulations to Mrs. Gloria Schwesig as she continues her great efforts as principal of Miami Elementary School in the Chippewa Valley School District; and be it further
Resolved, That a copy of this resolution be transmitted to Gloria as evidence of our great respect for her efforts as an elementary school principal.
Senators Bishop, Cassis, Cherry, Clark-Coleman, Clarke, Jacobs, Jelinek, Kuipers, Leland, Prusi, Schauer, Scott, Thomas, Toy and Van Woerkom were named co-sponsors of the resolution.
Senators Brown, Jelinek, George, Van Woerkom, Goschka, Birkholz, Barcia, Gilbert, Toy, Stamas, Hardiman, Switalski, Basham, Sanborn, Patterson, Cropsey, Cassis and Brater offered the following resolution:
Senate Resolution No. 104.
A resolution to commend and support the traditions and history and restoration of the Tibbits Opera House.
Whereas, The name Tibbits has played a leading role in the development of Coldwater. Barton S. Tibbits, whose father had plotted the town of Coldwater, served as mayor in 1881 and brought the Tibbits Opera House to southern Michigan in 1882; and
Whereas, Mortimer Smith of Detroit designed the Victorian-era theater, and ground was broken in the year 1881. The curtain rose for the first performance on the evening of September 21, 1882; and
Whereas, The Tibbits Opera House in Coldwater has long been a source of community pride. Since its early days, performers traveling from Detroit to Chicago performed in Coldwater. Buffalo Bill and John Philip Sousa, to name a few, have graced the stage of the Tibbits Opera House. Boxing exhibitions featuring the likes of former heavyweight champion John L. Sullivan have even been featured at the Tibbits Opera House; and
Whereas, Through the years as entertainment has evolved and new technologies allowed for new venues, the Tibbits Opera House endured these changes, always keeping its mission alive to serve the public with high quality entertainment. The Opera House was changed to accommodate silent movies in 1912, and the original façade was covered to allow it to appeal to the public as a movie house; and
Whereas, The years quickly passed as new shopping malls and other more modern approaches to entertainment seemed to surpass the Tibbits Opera House, but the lure and the grandeur of this famous building continued to attract those who understood its history. Yet, by the year 1954, the Opera House stood vacant and fading--waiting for someone to revive the traditions of years gone by; and
Whereas, In 1962, a group of ardent believers in the Tibbits Opera House stood ready for the challenge of keeping the Tibbits alive and created a special foundation to help raise funds for restoration. This foundation, the Tibbits Foundation, supported the work of reopening the Opera House and with its help, this group and the Greater Coldwater Community created the present façade and allowed the theater to reopen for summer stock productions, community events, and children's theater; and
Whereas, The Tibbits Opera House has even hosted political debates and Senate hearings to allow interested observers from all over southern Michigan to hear about current political issues, and at the same time, to give policymakers a chance to savor the rich history and tradition of this marvelous old building; and
Whereas, Large challenges still confront the continued operation of the Tibbits Opera House, and with restoration plans demanding new sources of funding, more must be done to support this unique piece of Michigan history; now, therefore, be it
Resolved by the Senate, That it is with great support and admiration that we honor those who have worked so hard to continue to keep the dream of full restoration of the Tibbits Opera House alive, and we commend those individuals to continue their efforts with the full support of the Michigan Senate; and be it further
Resolved, That a copy of this resolution be transmitted to the Tibbits Opera House as a token of our esteem.
Senators Allen, Bishop, Cherry, Clarke, Jacobs, Kuipers, Leland, Olshove, Prusi, Schauer and Thomas were named co-sponsors of the resolution.
House Concurrent Resolution No. 9.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide for tariff rate quotas to deal with the importation of dry milk protein concentrates.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Senator Goschka was named co-sponsor of the concurrent resolution.
House Concurrent Resolution No. 10.
A concurrent resolution to urge the United States Customs Service to work for greater enforcement of food safety standards by reconsidering the classification of dairy products, especially those containing milk protein concentrates.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Senator Goschka was named co-sponsor of the concurrent resolution.
House Concurrent Resolution No. 11.
A concurrent resolution to memorialize the Congress of the United States to enact legislation that will address the issue of the improper labeling and classification of dairy products.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Senator Goschka was named co-sponsor of the concurrent resolution.
Senate Resolution No. 93.
A resolution to memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited commercial email.
The question being on the adoption of the resolution,
Senator Patterson offered the following substitute:
A resolution to memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited bulk commercial email.
Whereas, An increasing problem to individuals and businesses using email is the growing volume of unsolicited bulk commercial email messages. What started as an annoyance has become a major problem for many, with estimates of several billion unsolicited bulk messages sent every week. The cost of this mail, both in lost worker time and adding computer equipment to process or block the spam, is an increasing burden for those receiving spam, while the costs to senders are negligible; and
Whereas, Along with the problems created by the accelerating volume of spam, other components of this issue include the number of deceptive and offensive messages and the use of this technology to operate a variety of scams; and
Whereas, Many states, including Michigan, have discussed ways to cope with the onslaught of unsolicited bulk commercial messages. Congress has also faced this issue. Numerous approaches have been mentioned. These range from requiring truthfulness in return addresses to efforts to increase vigilance against fraud to the creation of "do-not-spam" lists. While the appropriate form of federal response may take one of these or other strategies, it is increasingly clear that federal action is essential and holds far more promise of dealing with the problem effectively than state actions alone; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited bulk commercial email; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The substitute was adopted.
The resolution, as substituted, was adopted.
Senate Concurrent Resolution No. 24.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited commercial email.
The question being on the adoption of the concurrent resolution,
Senator Patterson offered the following substitute:
A concurrent resolution to memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited bulk commercial email.
Whereas, An increasing problem to individuals and businesses using email is the growing volume of unsolicited bulk commercial email messages. What started as an annoyance has become a major problem for many, with estimates of several billion unsolicited bulk messages sent every week. The cost of this mail, both in lost worker time and adding computer equipment to process or block the spam, is an increasing burden for those receiving spam, while the costs to senders are negligible; and
Whereas, Along with the problems created by the accelerating volume of spam, other components of this issue include the number of deceptive and offensive messages and the use of this technology to operate a variety of scams; and
Whereas, Many states, including Michigan, have discussed ways to cope with the onslaught of unsolicited bulk commercial messages. Congress has also faced this issue. Numerous approaches have been mentioned. These range from requiring truthfulness in return addresses to efforts to increase vigilance against fraud to the creation of "do-not-spam" lists. While the appropriate form of federal response may take one of these or other strategies, it is increasingly clear that federal action is essential and holds far more promise of dealing with the problem effectively than state actions alone; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to regulate spam, unsolicited bulk commercial email; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The substitute was adopted.
The concurrent resolution, as substituted, was adopted.
Senators Kuipers, Hardiman, Sanborn, Goschka, Van Woerkom, Sikkema and Birkholz offered the following resolution:
Senate Resolution No. 103.
A resolution to memorialize the Congress of the United States to enact legislation that would remove the unfair advantages that Federal Prison Industries has in competition for business.
Whereas, In 1934, Federal Prison Industries (FPI) was created as a government corporation. This system operates more than 100 factories, utilizes more than 20,000 inmate workers, and compiles total sales of approximately $500 million annually from over 150 products; and
Whereas, While the role that FPI plays in promoting the development of marketable skills among inmates has clear merits, this operation enjoys unfair advantages over private sector manufacturers. Even beyond the obvious wages and benefits advantages inmate workers offer, other factors favor FPI. This is especially true through certain governmental procurement policies, including a "mandatory source" requirement that severely limits competition; and
Whereas, Michigan is harmed significantly by the advantages FPI has over private manufacturers, especially within the furniture industry. Thousands of Michigan workers have lost their jobs in recent years, and the favorable policies for FPI are major contributing factors in these job losses; and
Whereas, In the past, legislation has been considered in Congress to address directly the issue of the preferential treatment afforded FPI in bidding for government contracts. This unfair situation needs to be corrected to preserve jobs and to restore fairness in the marketplace; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation that would remove the unfair advantages that Federal Prison Industries has in competition for business; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Office of the President of the United States.
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 Economic Development, Small Business and Regulatory Reform.
The motion prevailed.
Senators Cassis, Olshove, Prusi and Toy were named co-sponsors of the resolution.
By unanimous consent the Senate proceeded to the order of
Statements
Pursuant to rule 3.506, Senator Cropsey submitted a statement in writing for inclusion in today's Journal.
Senator Cropsey's statement is as follows:
Senator Welborn was first elected to the House in 1972, and less than two years later, he was elected to the Senate where he served until the end of 1982. He had run for the Republican nomination for Governor and lost. Like Cincinnatus, he retired to the farm and his insurance business.
When his brother, who had succeeded him in the Senate, died in May of 1985, Jack ran for the seat and was re-elected to the Senate. When he first returned to the Legislature, his committee assignment was Appropriations. Several months after coming back to the Senate, the Detroit Free Press ran a series of articles on the Department of Corrections, questioning the operation of the department. The Senate leadership appointed a special committee to investigate the media allegations. Senator Welborn was named chairman, and he became absolutely committed to correcting the many problems that plagued Corrections. That committee lasted for several months, and at its conclusion, the "SAFE STREETS REPORTS" was issued. It led to a number of positive legislatives initiatives, including the elimination of the Corrections Commission, thus making the department more answerable to the Legislature.
Following the 1986 election, the Senate leadership, somewhat at Senator Welborn's insistence, established a standing committee on Corrections. It was the first time in over 30 years that the Senate had had such a committee. Senator Welborn gave up his seat on Appropriations, and literally, Jack took on corrections as his personal cause. Corrections became his passion.
In the early days of the committee, there was a view from the department that Jack's oversight was going to be adversarial. But before long, that changed for the better. You must remember that Corrections was going through an unprecedented period of growth. At the beginning of 1987, there were 17,000 inmates serving time in 17 prisons and camps. By 1991, those numbers had grown to 32,000 inmates and 33 prisons and camps. Growing pains were everywhere. Senator Welborn insisted on guard towers around the higher security prisons. The super-max--the prison that this bill would rename in Senator Welborn's honor--was designed without towers. Again, Jack insisted and the towers were built. After the prison was occupied, Jack noticed that the sally port had no tower. Guards could not observe the tops of trucks that were going in and out to make certain that no prisoner was attempting an escape on the top of one of those vehicles. An observation tower was added.
Jack's involvement was not limited to more guards or towers, but staff safety was absolutely first on his agenda. When there was a hostage situation at Huron Valley, Jack was there. When there were complaints of overcrowding, Jack was there. In fact, Jack was there when he wasn't. During a mock disaster at the Reformatory, one of the assistant wardens was declared dead--then he was designated to portray Senator Welborn. The warden said, "If we had a real disaster, Senator Welborn would be here." The relationship between the Senate committee and the department, or more specifically, the department and Jack, became one of cooperation and a relationship that strived for the betterment of Corrections. Senator Welborn became not only the leader in the Senate Corrections, but he became the expert and the advocate for the department.
He visited every prison in the state, and most of those visits came between midnight and 4 in the morning. I should tell you that those visits didn't always endear Senator Welborn to the wardens because that warden would be called in whenever Jack was in the house.
On any given day Senator Welborn might be in meetings with the Director, MCO leadership, or individual corrections officers or employees. On hundreds of occasions, he met with prisoners who had legitimate beefs.
Jack's involvement didn't' stop with guard towers and prisons. The boot camp program that is still an effective diversion program came about because of a visit by Senators Welborn and Barcia to a like facility in Georgia. The visit alone didn't sell the concept, but the video that Jack shot during the visit did. The boot camp video was first shown to the Senate and then the House and hundreds of service clubs and any other group that would sit still long enough to watch it. The department in the beginning was reluctant, but some 15 years later, the boot camp is alive and well.
I could tell you hundreds of like stories of Senator Welborn's commitment, but I'll forego those and close with this. In 1994, at the time of Jack's retirement, a commitment was made to honor him in the manner this bill will. I would urge you to support this bill.
Senators Toy, Garcia, Jacobs and Goschka asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Toy's statement is as follows:
I rise to give a resolution to a very special individual who has been a bill analyst for the Senate since 1991. Mike Severino is going to be leaving us, and we want to recognize him today. We want to honor Mike for his ten years of service and dedication to the Michigan Senate Majority Policy Office as a policy advisor.
Mike, we also want to congratulate you and extend our profound gratitude for the invaluable and vital role you have played in helping this state's elected officials analyze, evaluate, and craft proposed legislation that often become laws of this great democracy.
Mike, I've worked five years in both chambers now, and I have to tell you that you are one of the very, very best. We thoroughly appreciate you, my staff has thoroughly enjoyed working with you, and we hope you can come back real soon.
Senator Garcia's statement is as follows:
I wanted to bring to the body's attention that tomorrow is the 59th anniversary of the D-Day landing in Normandy, France. I know that we are all very, very busy, and we have a lot of things to do here to accomplish the people's business, but the fact that we're here rests largely because several thousand men put their lives on the line for us 59 years ago tomorrow. In fact, by 6:30 in the morning, we had the first waves of U.S., British, and Canadian troops get off the landing craft and started forward on the beaches of Normandy to rescue control away from Adolf Hitler--Europe. And on that day, U.S. forces and British forces each lost approximately 1,000 men.
I'm sure many of you have seen the movies "The Longest Day" and "Saving Private Ryan" and have seen the carnage and the cost that those men paid for our freedom. All I wanted to do today was remind the body and the state that freedom is not free and that tomorrow is the 59th anniversary of the D-Day landing. I, for one, am grateful that our country produced men like that--men who were our great-grandfathers, our grandfathers, and in some cases, our fathers and uncles.
Senator Jacobs' statement is as follows:
I ask my colleagues to pause for a moment to remember the life of Ferndale Councilman Dave Lennon whose life was tragically cut short after a car accident early Monday morning. He had devastating critical injuries, and last evening his family made the very difficult decision to remove Dave from life supports.
Dave was the son of former Ferndale Mayor Bernie Lennon. Dave, much like his dad, was a rising star in the Democratic Party and in local politics. Dave recently outpolled every other candidate 18 months ago when he ran for the city council to fill a two-year seat vacated when Councilman Bob Porter resigned to run for mayor.
The Lennon family roots run very deep in Ferndale, a city where Dave's father was one of many Irish Catholic working men and women who chose to raise families down in Ferndale. Many of you may remember his dad, the late Bernie Lennon, who went on to become director of the Michigan State Fair, and he also ran the Michigan Department of Labor under former Governor Jim Blanchard. Dave was really sort of on the road to follow in the footsteps of his dad.
Dave stayed very close to Democratic working-class politics and continued to rack up election campaign endorsements from labor unions and teacher's federations. As I said, he really was a rising star, both in politics and in his profession. He had just received a promotion at his job where he worked with General Motors in international accounting.
The day of his accident, Dave had just sent out invitations for his wedding. He was to be married this coming July.
My heart and prayers go out to his family, and I would ask that my colleagues remember him with a moment of silence.
A moment of silence was observed in memory of Ferndale Councilman Dave Lenon.
Senator Goschka's statement is as follows:
Hearing the earlier comments of Senator Garcia in regards to the 59th anniversary of D-Day also brought to my memory something that happened in our country 35 years ago today. It was a very sad moment, and that was when Robert F. Kennedy was murdered--assassinated. That was 35 years ago tonight, and I think it would be appropriate if we also for a moment honored the memory of a person whom I truly consider one of the greatest Americans to ever have lived in our country. Robert F. Kennedy was a man who cared about people, a compassionate man. I think it would be appropriate if we paused for just a moment to honor his memory as well.
A moment of silence was observed in memory of Robert F. Kennedy.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senator Patterson introduced
Senate Bill No. 555, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a and 907 (MCL 257.320a and 257.907), section 320a as amended by 2002 PA 149 and section 907 as amended by 2002 PA 534.
The bill was read a first and second time by title and referred to the Committee on Technology and Energy.
Senator Johnson introduced
Senate Bill No. 556, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2002 PA 521 and section 17b as amended by 2000 PA 297.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Brater, Patterson, Jacobs, Basham, Scott and Schauer introduced
Senate Bill No. 557, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Hardiman, Basham, Patterson, Brown, Jelinek, Cassis, George, Van Woerkom, Birkholz, Switalski, Bernero, Sanborn, Stamas and Kuipers introduced
Senate Bill No. 558, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 1995 PA 264, and by adding section 48.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senator Allen introduced
Senate Bill No. 559, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senator Leland introduced
Senate Bill No. 560, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2505 and 3115 (MCL 324.2505 and 324.3115), section 2505 as added by 1995 PA 60, and by adding sections 3120, 3121, and 3122.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Leland introduced
Senate Bill No. 561, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11507a, 11525, and 11525a (MCL 324.11507a, 324.11525, and 324.11525a), section 11507a as added by 1996 PA 359, section 11525 as amended by 1996 PA 506, and section 11525a as added by 1996 PA 358.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 4513, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Committee Reports
The Committee on Transportation reported
House Bill No. 4330, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judson Gilbert II
Chairperson
To Report Out:
Yeas: Senators Gilbert, Kuipers, Leland and Basham
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4333, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2002 PA 534.
With the recommendation that the following amendment be adopted and that the bill then pass:
1. Amend page 6, following line 2, by inserting:
"Enacting section 1. This amendatory act takes effect October 1, 2003.".
The committee further recommends that the bill be given immediate effect.
Judson Gilbert II
Chairperson
To Report Out:
Yeas: Senators Gilbert, Kuipers, Leland and Basham
Nays: None
The bill and the amendment recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
Senate Bill No. 530, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 86.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judson Gilbert II
Chairperson
To Report Out:
Yeas: Senators Gilbert, Kuipers, Leland and Basham
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Tuesday, June 3, 2003, at 1:00 p.m., Room 110, Farnum Building
Present: Senators Gilbert (C), Kuipers, Leland and Basham
Excused: Senator Goschka
The Committee on Finance reported
Senate Bill No. 362, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Nancy Cassis
Chairperson
To Report Out:
Yeas: Senators Cassis, Garcia, McManus and Thomas
Nays: Senator Brater
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, June 4, 2003, at 1:05 p.m., Room 110, Farnum Building
Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Environmental Affairs submitted the following:
Public hearing held on Tuesday, June 3, 2003, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower)
Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Judiciary and Corrections submitted the following:
Meeting held on Tuesday, June 3, 2003, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Cropsey (C), Brown, Garcia, Switalski and Prusi
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Colleges submitted the following:
Meeting held on Wednesday, June 4, 2003, at 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Jelinek (C), Stamas and Switalski
COMMITTEE ATTENDANCE REPORT
The Subcommittee on General Government submitted the following:
Meeting held on Wednesday, June 4, 2003, at 1:00 p.m., Room 405, Capitol Building
Present: Senators Garcia (C), McManus and Switalski
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Meeting held on Wednesday, June 4, 2003, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Goschka (C), Johnson, Hardiman, Cherry and Prusi
COMMITTEE ATTENDANCE REPORT
The Committee on Commerce and Labor submitted the following:
Meeting held on Wednesday, June 4, 2003, at 2:00 p.m., Room 405, Capitol Building
Present: Senators Allen (C), Kuipers, Schauer and Olshove
Excused: Senator McManus
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Environmental Quality submitted the following:
Meeting held on Wednesday, June 4, 2003, at 3:25 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators McManus (C), Goschka and Barcia
Scheduled Meetings
Appropriations -
Subcommittee -
Transportation Department - Tuesday, June 10, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Business Competitiveness Joint Select Committee (SCR 3) - Monday, June 9, 10:30 a.m., City Council Chambers, 147 Wabash, Milan (373-7670)
Commerce and Labor - Tuesday, June 10, 3:00 p.m., Room 100, Farnum Building (373-2413)
Health Policy - Wednesday, June 11, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3543)
Judiciary - Tuesday, June 10, 1:00 p.m., Room 210, Farnum Building (373-3760)
Transportation - Tuesday, June 10, 1:00 p.m., Room 110, Farnum Building (373-7708)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 11:44 a.m.
The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Tuesday, June 10, 2003, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate