2005-SJ-01-26-003.htm

No. 3

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Wednesday, January 26, 2005.

10:00a.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

Senator Beverly S. Hammerstrom of the 17th District offered the following invocation:

Heavenly Father, we thank You for bringing us all safely to the Senate Chamber this morning. Provide us the wisdom to do what is right in Your eyes as we proceed through the day. We thank You, dear Lord, for allowing us to be born in this beautiful state and wonderful country, and we pray for those who do not enjoy the freedoms we do.

We ask You to watch over our military men and women this week, who will be in harm's way as they deliver ballots and voting machines to the villages and cities throughout Iraq. They are risking much so that others may, too, be free from oppression, and we pray that You will safely guide them through their tasks. We pray for their families as well.

And finally, Father, we again ask Your blessing on each and every one of us here today. May we serve in a way that is pleasing to You. Amen.

The Assistant President pro tempore, Senator Sanborn, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Cropsey, Sikkema, Garcia, Goschka, Jelinek, Birkholz, Hardiman, George, Stamas, Brown, Bishop, McManus and Leland entered the Senate Chamber.

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

The motion prevailed.

Senator Brater entered the Senate Chamber.

Resolutions

Senators Scott and Cropsey offered the following resolution:

Senate Resolution No.3.

A resolution to memorialize the President and the Congress of the United States to investigate the recidivism rate in prisons and to consider the Second Chance Program as a rehabilitation model.

Whereas, There are nearly two million people incarcerated in the United States; and

Whereas, Nearly 6 percent of the adult population is under some form of correctional supervision; and

Whereas, Local, state, and federal governments spend nearly $40 billion on corrections in the United States; and

Whereas, Nearly two-thirds of money in the United States is expended to deal with recidivism; and

Whereas, Recidivism costs taxpayers more than $35 billion a year in law enforcement costs; and

Whereas, Recidivism costs taxpayers more than $17 billion a year in additional court costs; and

Whereas, Over 80 percent of the crimes in the United States are committed by recidivists; and

Whereas, The only continuous factor for the past 25 years linked to recidivism is drug addiction. Two-thirds of the prison population recidivate, two-thirds of the prison population is drug-addicted, and approximately 90 percent of those addicted recidivate; and

Whereas, Corrections spending is growing two times faster than education spending across the United States; and

Whereas, Nine out of ten inmates in the United States are men; and

Whereas, African Americans are two times more likely than Hispanics to be incarcerated, and they are five times more likely than Caucasians to be incarcerated; and

Whereas, The breakdown of ethnicity in the United States prison population is 42.4 percent African American, 42.3 percent Caucasian, 11 percent Hispanic, and 4.3 percent other; and

Whereas, If you look at the rates of incarceration in the United States, African Americans have a rate of incarceration nearly five times higher than that of Caucasians; now, therefore, be it

Resolved by the Senate, That we memorialize the President and the Congress of the United States to investigate the recidivism rate in prisons and to consider the Second Chance Program as a rehabilitation model for prisoners of the United States; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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 Judiciary.

The motion prevailed.

Senators Clark-Coleman, Clarke, Jacobs, Schauer, Switalski and Thomas were named co-sponsors of the resolution.

Senator Johnson entered the Senate Chamber.

Senators Cropsey, Gilbert, Birkholz, Stamas, Van Woerkom, Johnson, Kuipers, Hammerstrom, George, Jelinek, Patterson, Allen, Hardiman, Cassis, Toy, Sanborn and Brown offered the following resolution:

Senate Resolution No.4.

A resolution to memorialize the United States Senate and Michigan's United States Senators to hold confirmation hearings and to have a vote by the full Senate on the Michigan nominees to the United States Sixth Circuit Court of Appeals.

Whereas, The Senate of the United States is perpetuating a grave injustice and endangering the well-being of countless Americans, putting our system of justice in jeopardy in Michigan and the states of the Sixth Circuit of the federal court system; and

Whereas, The Senate of the United States is allowing the continued, intentional obstruction of the judicial nominations of four fine Michigan jurists: Judges Henry W. Saad, Susan B. Neilson, David W. McKeague, and Richard A. Griffin, all nominated by the President of the United States to serve on the United States Sixth Circuit Court of Appeals; and

Whereas, This obstruction is not only harming the lives and careers of good, qualified judicial nominees, but it is also prolonging a dire emergency in the administration of justice. This emergency has brought home to numerous Americans the truth of the phrase "justice delayed is justice denied"; and

Whereas, Both of Michigan's Senators continue to block the Judiciary Committee of the United States Senate from holding hearings regarding these nominees. This refusal to allow the United States Senate to complete its constitutional duty of advice and consent is denying the nominees the opportunity to address any honest objections to their records or qualifications. It is also denying other Senators the right to air the relevant issues and vote according to their consciences. This is taking place during an emergency in the United States Sixth Circuit Court of Appeals with the backlog of cases; and

Whereas, We join with the members of Michigan's congressional delegation who wrote Chairman Orrin Hatch on February 26, 2003, to express their concern that "if the President's nominations are permitted to be held hostage, for reasons not personal to any nominee, then these judicial seats traditionally held by judges representing the citizens of Michigan may be filled with nominees from other states within the Sixth Circuit. This would be an injustice to the many citizens who support these judges and who have given much to their professions and government in Michigan"; and

Whereas, We are concerned about the Sixth Circuit as a whole, a circuit court understaffed, with 4 of its 16 seats vacant, knowing that the Sixth Circuit ranks next to last out of the 12 circuit courts in the time it takes to complete its cases. Since 1996, each active judge has had to increase his or her number of decisions by 46 percent, more than three times the national average. In the recent past, the Sixth Circuit has taken as long as 15.3 months to reach a final disposition of an appeal. With the national average at only 10.9 months, this means the Sixth Circuit takes over 40 percent longer than the national average to process a case; and

Whereas, The last time the Sixth Circuit was this understaffed, former Chief Judge Gilbert S. Merritt said that it was handling "a caseload that is excessive by any standard." Judge Merritt also wrote that the court was "rapidly deteriorating, understaffed and unable to properly carry out their responsibilities"; and

Whereas, Decisions from the Sixth Circuit are slower in coming, based on less careful deliberation, and, as a result, are less likely to be just and predictable. The effects on our people, our society, and our economy are far-reaching, including transaction costs. Litigation increases as people strive to continue doing business when the lines of swift justice and clear precedent are being blurred; and

Whereas, President Bush has done his part to alleviate this judicial crisis. Over the past two years, he has nominated eight qualified people to the Sixth Circuit Court of Appeals, with three of them designated to address judicial emergencies. Four of these nominees continue to languish without hearings because of the obstruction of the two Michigan Senators; now, therefore, be it

Resolved by the Senate, That we memorialize the United States Senate and Michigan's United States Senators to hold confirmation hearings and to have a vote by the full Senate on the Michigan nominees to the United States Sixth Circuit Court of Appeals; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's United States Senators and to the President of the United States Senate.

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 Judiciary.

The motion prevailed.

Senators Garcia and Goschka were named co-sponsors of the resolution.

Senators Cropsey, Garcia, Hardiman, George, Brown, Bishop, Hammerstrom, Van Woerkom, Jelinek, Johnson, Kuipers, Goschka, Allen, Birkholz, Stamas, Toy, Cassis, Sikkema, Gilbert, Patterson and Sanborn offered the following concurrent resolution:

Senate Concurrent Resolution No.4.

A concurrent resolution to memorialize the United States Senate and Michigan's United States Senators to hold confirmation hearings and to have a vote by the full Senate on the Michigan nominees to the United States Sixth Circuit Court of Appeals.

Resolved by the Senate (the House of Representatives concurring), That we memorialize the United States Senate and Michigan's United States Senators to hold confirmation hearings and to have a vote by the full Senate on the Michigan nominees to the United States Sixth Circuit Court of Appeals; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's United States Senators and to the President of the United States Senate.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Judiciary.

The motion prevailed.

Senator Bernero entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Hammerstrom, Scott, George and Switalski asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hammerstrom's statement is as follows:

Colleagues, I rise today to honor a fallen firefighter from my district. Captain Scott Thornton, of the Summit Township Fire Department, died in the line of duty in the early morning of January 20. He was only 39 years old.

As a third-generation firefighter, Captain Thornton knew the dangers he may face while doing what he loved. He served as a volunteer fireman in the Grand Rapids area until he was hired by Summit Township 19 years ago.

His colleagues and friends have described Captain Thornton as a highly-skilled, competent, and well-respected person. He was a team player who took a hands-on approach to his work.

Summit Township, and all of Jackson County, lost a hero last Thursday morning. Not only was he a highly-skilled firefighter, Captain Thornton was also described as passionate and dedicated. In March of last year, Summit Township honored him and a fellow firefighter for their efforts in saving the life of an infant. He was also a dedicated family man and heavily involved in his community, where he initiated a toy drop-off for Youth Haven, a Christian camp for underprivileged kids. Captain Thornton is the first Jackson area firefighter to die in the line of duty in over two decades.

The news of Scott's untimely passing has reminded all of us of the dangers our emergency personnel face each day, and their dedication is never without sacrifice, however large or small.

Scott Thornton is survived by his wife of 15 years, Cari, and his two children, 12-year old Emily and 10-year old Andrew, as well as his parents, three brothers, and a nephew. Our deepest sympathies go out to them all.

Senator Scott's statement is as follows:

Last week, I forwarded to each of your offices an editorial from the Detroit Free Press urging the Legislature to get serious about controlling urban insurance rates. Indeed, this body should take note and understand that there are many, many folks waiting for us to step up to the plate and fix this very serious problem that prevents many people from being able to afford auto and homeowners insurance.

I asked then, and I will ask you again today to please join me in serious dialogue so that we can achieve meaningful insurance reform for every citizen in Michigan.

Senator Emerson entered the Senate Chamber.

Senator George's statement is as follows:

I would be remiss if I didn't remind the chamber that today is Statehood Day, commemorating Michigan's statehood, January 26, 1837. I wanted to talk about that today, but instead, I feel I should take this opportunity to talk about an important election rights issue in my district.

In last fall's elections, nearly 100,000 of my constituents were denied the right to vote. On Election Day, nearly 100,000 Kalamazoo County residents rose with plans to vote. They made arrangements based on their own circumstances. Some came in the morning before work, some voted during their lunch hours, some brought their children, and some asked friends and neighbors for rides to the polls. Many had made their minds made up weeks or even months before Election Day as to who they were voting for, and of course, a few made the decision to vote just that morning. Some waited in lines for one hour or more, though most didn't. They included senior citizens who had never missed a vote and college students who were voting for the first time. There were nearly 100,000 people in Kalamazoo County who actually went to the polls intending to vote, to exercise their civic responsibility, but who could not vote for the judges who will preside over their district courts.

I am not talking about people who might not have voted or people who thought about voting. I am talking about people who actually went to the polls. They had one thing in common. Well, they were Republicans, Democrats, and Independents, but they had one thing in common. That is, when they got to the polls, they could not vote for their judges and that was because of their addresses. Nearly 100,000 of my constituents were denied the right to vote.

Now last year when I asked for your help in correcting this local problem, 29 of you responded in bipartisan fashion and supported my bill, Senate Bill No.1463, and I am grateful for that. The House later passed the same legislation, 92-3.

During the waning days of our session last year, some of you made moving statements in this chamber regarding the right to vote. Well, imagine my surprise when over the holidays I learned that the Governor had vetoed this simple legislation, which would have given my constituents the right to vote for their judges. Moreover, imagine my further surprise when I learned that the Governor vetoed the bill in response to a request from a Senator of a neighboring district--when his constituents were not denied the right to vote for their judges and whose constituents were not affected by this bill. One of the very Senators had spoken so passionately just days before about the voting process and the importance of voter empowerment.

In his letter to MIRS, the Senator said he sought a statewide solution. Now, Mr.President, this is not a statewide issue; it is strictly a local issue. As the Kalamazoo Gazette recently pointed out, it's not hard to see that widening the scope of this bill to apply to the whole state would ensure that it would never pass. The Gazette continued, "We are disappointed that a simple direct, common-sense bill to end voter confusion here, and some would argue voter disenfranchisement, has been derailed."

Mr.President, I share the Gazette's disappointment, and I am particularly displeased that despite all the talk of voter empowerment, the citizens of Kalamazoo have been denied the right to vote in judicial elections by an action of a small minority.

Senator Switalski's statement is as follows:

In response to countless inquires from colleagues and citizens across Michigan, I want to update you on the exploits of the St. Angela Cougars 6th grade basketball team. Many of you expressed heartfelt relief when the Cougars ended their two-year winless streak during a pre-season tournament in November.

The Cougars promptly began a new streak and were 0-5 in the league before this past Sunday. The Cougars were down by two points with five seconds left, but a foul shot by Nicholas Lamanski and a rebound and basket by Liam Switalski resulted in a one-point victory over a formidable St. Isaac Jogues squad.

So thank you, and congratulations to the Cougars.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Switalski introduced

Senate Bill No.84, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 18 and 36 (MCL 169.218 and 169.236), section 18 as added by 1999 PA 238 and section 36 as amended by 1996 PA 590.

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

Senators Hammerstrom, George, Patterson, Bernero and Jacobs introduced

Senate Bill No.85, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 2004 PA 329, and by adding section 17766e.

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

Senator Scott introduced

Senate Bill No.86, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 37a.

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

Senator Scott introduced

Senate Bill No.87, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2001 PA 166.

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

Senators Hardiman, Switalski, Kuipers, Allen, Jelinek, Goschka, Cropsey, Birkholz and Sikkema introduced

Senate Bill No.88, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3515, 3519, 3523, 3529, 3533, 3569, and 3571 (MCL 500.3515, 500.3519, 500.3523, 500.3529, 500.3533, 500.3569, and 500.3571), sections 3515 and 3519 as amended by 2002 PA 621, sections 3523 and 3529 as amended by 2002 PA 304, and sections 3533, 3569, and 3571 as added by 2000 PA 252.

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

Senators Gilbert, Bernero, Bishop, Goschka, Olshove, Stamas, Toy and Hardiman introduced

Senate Bill No.89, entitled

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

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Bishop, Bernero, Gilbert, Goschka, Olshove, Stamas and Toy introduced

Senate Bill No.90, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11507a (MCL 324.11507a), as amended by 2004 PA 39.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Bernero, Goschka, Cherry, Schauer, Olshove, Hammerstrom, Scott, Clark-Coleman, George, Clarke, Barcia, Leland, Emerson, Prusi and Brater introduced

Senate Bill No.91, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1271.

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

Senators Bishop, Kuipers, Allen, George, Gilbert, Cassis, Garcia, Sanborn, Cropsey, Van Woerkom, Toy and Goschka introduced

Senate Bill No.92, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Senators Garcia and Hardiman introduced

Senate Bill No.93, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1163.

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

Senators Garcia and Hammerstrom introduced

Senate Bill No.94, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1171.

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

Senators Garcia, Switalski, Goschka, George, Kuipers, Cropsey and Jelinek introduced

Senate Bill No.95, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284 (MCL 380.1284), as amended by 1997 PA 53.

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

Senators Garcia, Switalski, Goschka, Jelinek, Sanborn and Hammerstrom introduced

Senate Bill No.96, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.

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

Senators Garcia, Goschka and Van Woerkom introduced

Senate Bill No.97, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81101 and 81123 (MCL 324.81101 and 324.81123), section 81101 as amended by 2003 PA 111 and section 81123 as amended by 1998 PA 86.

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

Senators Garcia, Allen, Switalski, Goschka, Jelinek and Bishop introduced

Senate Bill No.98, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1481 (MCL 380.1481), as added by 2000 PA 230.

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

Senators Garcia, Goschka and Cropsey introduced

Senate Bill No.99, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 2 as amended by 2004 PA 153 and section 5 as amended by 1980 PA 401, and by adding section 5b.

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

Senators Garcia, Hardiman, Basham and Hammerstrom introduced

Senate Bill No.100, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Garcia, Goschka, Cropsey, Prusi and Basham introduced

Senate Bill No.101, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

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

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, January 25, 2005, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, McManus and Schauer

Excused: Senator Olshove

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Tuesday, January 25, 2005, at 3:00p.m., Room 110, Farnum Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

Scheduled Meetings

Appropriations -

Subcommittee -

Higher Education - Tuesday, February 8, 8:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Education - Thursday, January 27, 2:00p.m., Room 210, Farnum Building (373-6920)

Senior Citizens and Veterans Affairs - Wednesday, February 2, 1:00p.m., Room 100, Farnum Building (373-1707)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:27a.m.

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Thursday, January 27, 2005, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate