2004-SJ-03-18-029.htm

No. 29

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Thursday, March 18, 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 Valde Garcia of the 22nd District offered the following invocation:

Our Father, we thank You once again for this day that You have given to us. We thank You for our country and the freedoms that You have bestowed upon us. We ask today that You'll be with us, watch over us, and give us patience and understanding with one another. We pray for our leaders, our President, and our Governor. Guide them as they make decisions. Please give us wisdom today, for it's in Jesus' name we pray. Amen.

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

Motions and Communications

Senator Patterson entered the Senate Chamber.

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

The motion prevailed.

Senator Emerson entered the Senate Chamber.

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

House Bill Nos. 4654 5368 5369 5370 5371 5372 5373 5416 5545 5641

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 18:

House Bill Nos. 4338 5259 5262

The Secretary announced that the following official bills were printed on Wednesday, March 17, and are available at the legislative Web site:

Senate Bill Nos. 1095 1096 1097 1098 1099

House Bill Nos. 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659 5660 5661 5662

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Bishop 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. 5280, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 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 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. 137 Yeas--21

Allen George Jelinek Sanborn

Birkholz Gilbert Johnson Sikkema

Bishop Goschka Kuipers Stamas

Brown Hammerstrom McManus Toy

Cassis Hardiman Patterson Van Woerkom

Garcia

Nays--15

Barcia Clark-Coleman Leland Scott

Basham Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer

Excused--2

Bernero Cropsey

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Schauer, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 647 and moved that the statements he made during the discussion of the bill be printed as his reasons for voting "no."

The motion prevailed.

Senator Schauer's first statement is as follows:

I voted against Senate Bill No. 647 in committee and will be voting "no" on this bill on the floor because it weakens MIOSHA and would actually endanger Michigan workers.

Colleagues, there are 58,504 reasons to vote against this bill. That's how many Michigan workers were injured on the job last year in Michigan. If that's not enough, there are another 19,108 reasons to vote against this bill. That's how many violations of workplace safety rules MIOSHA found last year. Most importantly, there are 51 reasons to vote against this bill. That's how many Michigan workers were killed on the job last year.

Colleagues, this bill tries to fix the wrong problem. The problem is that far too many workers are being hurt and killed on the job. A worker dying every week is simply not acceptable.

The definition of what is a "wilful violation" is already well-established in case law, and this bill would significantly weaken it. I encourage all of my colleagues to say "yes" to keeping working people safe and "no" to this bill.

Senator Schauer's second statement is as follows:

I certainly support the good intentions of the sponsor and the previous speaker. I admittedly am not a lawyer, although sometimes I wonder if I should be, but I can read. I've read this bill and also read a communication from the federal Occupational Safety and Health Administration, in which they express their agreement about our concerns of the definition of "wilful violation," and express that this bill would be inconsistent with case law, which is very settled and very clear on this issue.

There is no due process question. That was settled some time ago. While I wish all of the parties concerned about this issue could have reached agreement, that did not occur because of the problems imbedded in this bill. While it is well-intentioned, it does miss the target and regretfully would have some negative consequences for workers and workplace safety in our state, so I would urge a "no" vote.

The following bill was read a third time:

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.

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. 138 Yeas--36

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Nays--0

Excused--2

Bernero Cropsey

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Bernero entered the Senate Chamber.

The following bill was read a third time:

House Bill No. 5386, entitled

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

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. 139 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 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. 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.

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. 140 Yeas--21

Allen George Jelinek Sanborn

Birkholz Gilbert Johnson Sikkema

Bishop Goschka Kuipers Stamas

Brown Hammerstrom McManus Toy

Cassis Hardiman Patterson Van Woerkom

Garcia

Nays--16

Barcia Cherry Jacobs Schauer

Basham Clark-Coleman Leland Scott

Bernero Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Excused--1

Cropsey

Not Voting--0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

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.

Senator Gilbert offered the following resolution:

Senate Resolution No. 228.

A resolution to call on the Governor to work with the Premier of Ontario to create a Michigan-Ontario commission on border-crossing streamlining and safety.

Whereas, Michigan and Ontario share several of the busiest international crossing points along our common border. In addition to the large volume of passenger cars and individuals, commercial vehicles and railroad traffic reflect the strong economic partnership between our nations. The friendship we enjoy with our Canadian neighbors extends to our mutual concerns for safety, efficiency, and vigilance in the face of shared threats; and

Whereas, In view of increasing international trade, homeland security concerns, and business interests, the need to communicate on matters as far-reaching as infrastructure, worker access, security, and commercial concerns is more important than at any time in our history. In addition to dealing with problems, our state and provincial governments should do all we can to work together and harmonize border-related policies and regulations; and

Whereas, Both sides of the border are strongly dependent upon the swift and safe transport of goods and people between our countries. Increasing the speed of crossings and increasing cooperation are steps that ultimately will provide great benefit to businesses of all types and sizes. The smooth and swift transport of goods is a key component of keeping down businesses costs, which is essential to economic development and job creation. Assuring smooth border crossings will foster business growth in a region that is clearly at the forefront of international trade; and

Whereas, In spite of the seriousness and number of issues surrounding our shared border crossings, there is no formal group that exists to deal directly with the unique concerns of the Michigan-Ontario border crossings. A structure is needed to encourage dialogue, resolve problems, and anticipate issues as expeditiously as possible. With all that depends upon the smooth and safe movement of people and goods across our borders, the establishment of a Michigan-Ontario commission on border-crossing issues is long overdue; now, therefore, be it

Resolved by the Senate, That we call on the Governor to work with the Premier of Ontario to create a Michigan-Ontario commission on border-crossing streamlining and safety; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor.

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 Commerce and Labor.

The motion prevailed.

Senators Barcia, Birkholz, Garcia, Goschka, Olshove, Prusi, Sanborn, Switalski and Van Woerkom were named co-sponsors of the resolution.

By unanimous consent the Senate proceeded to the order of

Statements

Senator Scott asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

I would like to thank everyone who has sent me e-mails or just said to me "thank you; stay strong." I am strong and will continue to be strong because I am working for the people, and God will continue to give me the strength to do that.

So I am asking my colleagues again, and I will continue to ask you, to take up the bills so that we will have the opportunity to present our case to you as to why we should be able to have the affordable insurance rates that so many others have the privilege of having. We just don't decide that we take care of part of the people in the city of Michigan, but that we take care of all people, and that we understand that each one of us have a district here to represent our constituents and to serve them to the best of our ability. Our colleagues should understand that because we all have to work together in order that we can do the job that is necessary for the reason why we came here. I just want to remind my colleagues that it's not about us; it's about those whom we serve, and we need to serve them to the best of our ability.

So, Mr. President, I just want my colleagues who are chairing those committees to know my bills are there and other insurance bills. Please take those up immediately so that we can have some hearings on them. So, again, thank you for the opportunity.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Johnson introduced

Senate Bill No. 1103, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 2003 PA 139.

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

Senators Johnson and Emerson introduced

Senate Bill No. 1104, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2003 PA 168.

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

Senators Johnson and Emerson introduced

Senate Bill No. 1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2152, 2153, and 2154 (MCL 324.2152, 324.2153, and 324.2154), as added by 1995 PA 60.

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

Senator Johnson introduced

Senate Bill No. 1106, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; and to provide for the expenditure of the appropriations.

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

Senator Johnson introduced

Senate Bill No. 1107, entitled

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

Senator Johnson introduced

Senate Bill No. 1108, entitled

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

Senators Barcia, Schauer, Allen, Bernero, Goschka, Hardiman, Olshove and Basham introduced

Senate Bill No. 1109, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.

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

Senator Switalski introduced

Senate Bill No. 1110, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 35 (MCL 791.235), as amended by 1998 PA 315.

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

Senators Switalski and Emerson introduced

Senate Bill No. 1111, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 11 (MCL 141.911), as amended by 2003 PA 168.

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

Senators Switalski and Emerson introduced

Senate Bill No. 1112, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44a (MCL 211.44a), as added by 1993 PA 313.

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

Senators Clarke, Emerson and Leland introduced

Senate Bill No. 1113, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending sections 32, 33, 52, and 56 (MCL 205.232, 205.233, 205.252, and 205.256), sections 32, 33, and 52 as added by 1993 PA 54 and section 56 as amended by 1998 PA 277, and by adding section 32a.

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

Senators George, Birkholz, Van Woerkom, Bernero, Allen, Patterson, Toy, Brown, Jelinek, Gilbert, Switalski, Kuipers, Goschka, McManus, Hardiman, Brater and Barcia introduced

Senate Bill No. 1114, entitled

A bill to prohibit the payment of money or other consideration as a condition of awarding a prize under certain circumstances; to prescribe the disclosure of certain information to certain persons; to prescribe the powers and duties of certain state and local officials relating to the regulation of certain prizes and sweepstakes; and to prescribe penalties and provide remedies.

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

Senators George, Garcia, Patterson, Allen, Birkholz, Cherry, Toy, Brown, Jelinek, Gilbert, Switalski, Kuipers, Goschka, McManus and Brater introduced

Senate Bill No. 1115, entitled

A bill to amend 1975 PA 169, entitled "Charitable organizations and solicitations act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 20, 21, and 23 (MCL 400.272, 400.273, 400.274, 400.275, 400.276, 400.277, 400.278, 400.279, 400.280, 400.281, 400.282, 400.283, 400.286, 400.287, 400.288, 400.290, 400.291, and 400.293), section 13 as amended by 1992 PA 299, and by adding sections 3a, 19, 19a, 19b, 19c, 19d, 22a, 23a, 23b, and 23c; 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 Economic Development, Small Business and Regulatory Reform.

Senators Van Woerkom, Bishop, Gilbert, Garcia, Birkholz, Allen and Toy introduced

Senate Bill No. 1116, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2001 PA 230.

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

Senators Bishop, Johnson, Thomas, Garcia, Birkholz and Allen introduced

Senate Bill No. 1117, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," (MCL 21.141 to 21.147) by adding section 2g.

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

Senator Sanborn introduced

Senate Bill No. 1118, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9j.

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

Senator Gilbert introduced

Senate Bill No. 1119, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 603 and 733 (MCL 257.603 and 257.733), section 603 as amended by 1996 PA 587 and section 733 as amended by 1994 PA 50.

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

House Bill No. 4338, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 373 and 613 (MCL 380.373 and 380.613), section 373 as amended by 2000 PA 230 and section 613 as amended by 2003 PA 299, and by adding sections 614a, 619, 620, and 1107.