No. 7
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2005
Senate Chamber, Lansing, Thursday, February 3, 2005.
10:00a.m.
The Senate was called to order by the President pro tempore, Senator Patricia L. Birkholz.
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--excused
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 Paul Bradford of Lakeshore Vineyard Church of Holland offered the following invocation:
Heavenly Father, we come to You today to ask for Your wisdom. The men and women in this room have the responsibility of establishing laws, to bring justice and prosperity to our state. You are a God of wisdom. You see all, and You understand all. You are the source of all justice and righteousness. Give us eyes, Lord, that truly see. Give us a passion for justice and righteousness even as You have. For the Bible tells us the fear of the Lord is the beginning of wisdom. Unless we honor You and submit our lives to You, our decisions will be shallow based on popular opinion or expediency, rather than founded on the rock of truth and conviction. Father, give us hearts that fear You. May we recognize that You are our Creator, the only Savior, the only Lord and key, and may we be men and women of wisdom. We ask that Your truth and Your love might guide every decision that is made in this chamber.
Lord, we know that laws can restrain evil and help bring a just society, but only You can change the heart. Sin, anger, and bitterness can rip apart families. Sexual sin and pornography can undermine the holiness of marriage and lives. Violence, greed, drugs, and abuse are destroying lives in areas of our state and towns. Father, we ask that You move mightily in our state to turn our hearts to You; to turn our hearts to Your ways; the hearts of fathers to their children; to bring healing in marriages and families; bring integrity and human kindness into business; to deliver our streets and schools from drugs, violence, and immorality. Send Your Holy Spirit upon us. Fill all of us with Your life.
Father, I ask Your blessing on every Senator in this room, every Senator in our state. I ask You to bless their families and their marriages. Father, where there may be struggles at home that are adding to the burden that they already bear as leaders, I pray that You will give them grace, that You will give us all grace to build marriages and families that can withstand the pressures of the world and, Father, the difficulties of the public eye.
Father, I know here there are many today who have been wounded or wronged by the words or the actions of others. This is part of life; this is so much a part of public life. I ask that unforgiveness or anger will never become prisons that lock us from joy, life, and love. May we have grace to forgive and be set free even as You forgive us.
For those here today who are weary, bring encouragement. For those who are heavy-hearted, bring release and joy. For those who have sickness, bring healing. For the one with a broken heart, bring comfort. Father, for where sin may have crept into a life, bring freedom and restore Your purity.
May we honor You. May we love You. May we truly know You deeply as our God and live in Your joy forever and in Your peace. Reign in this place today, and reign in our hearts today. To You we praise in glory. We ask all of this in the name of Your Son, Jesus Christ the Lord. Amen.
The President pro tempore, Senator Birkholz, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Schauer moved that Senator Barcia be temporarily excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that Senators Goschka and Garcia be temporarily excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that Senator Sanborn be excused from today's session.
The motion prevailed.
The following communication was received and read:
Office of the Senate Majority Leader
February 2, 2005
Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Natural Resources and Environmental Affairs Committee hold a hearing on the appointment of Steven Hamp and Lana Pollack to the Michigan Natural Resources Trust Fund Board, and make a written recommendation to the Government Operations Committee on this appointment.
Sincerely,
Senator Ken Sikkema
Chairman, Senate Government Operations Committee
The communication was referred to the Secretary for record.
Senator Barcia entered the Senate Chamber.
The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from July 1, 2004 through September 30, 2004, and are available in the Secretary's office during business hours for public inspection:
Committee Chairperson
Agriculture, Forestry and Tourism Senator Gerald Van Woerkom
Appropriations Senator Shirley Johnson
Banking and Financial Institutions Senator Michael Bishop
Commerce and Labor Senator Jason Allen
Economic Development, Small Business and Regulatory Reform Senator Alan Sanborn
Education Senator Wayne Kuipers
Families and Human Services Senator Bill Hardiman
Finance Senator Nancy Cassis
Gaming and Casino Oversight Senator Jason Allen
Government Operations Senator Ken Sikkema
Health Policy Senator Beverly Hammerstrom
Judiciary Senator Alan Cropsey
Local, Urban and State Affairs Senator Laura Toy
Natural Resources and Environmental Affairs Senator Patricia Birkholz
Senior Citizens and Veterans Affairs Senator Laura Toy
Technology and Energy Senator Bruce Patterson
Transportation Senator Jud Gilbert
The Secretary announced that the following official bills and joint resolution were printed on Wednesday, February 2, and are available at the legislative Web site:
Senate Bill Nos. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136
House Bill Nos. 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142
House Joint Resolution C
Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Gilbert admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:11a.m.
10:17a.m.
The Senate was called to order by the President pro tempore, Senator Birkholz.
During the recess, Senator Gilbert introduced the St. Clair County Community College Women's Volleyball Team, 2004 NJCAA Division 2 National Champions, and coaching staff, and presented them with a Special Tribute.
Coach Terry Gamble responded briefly.
During the recess, Senator Goschka entered the Senate Chamber.
Messages from the Governor
The following message from the Governor was received and read:
February 2, 2005
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office under Section 2 of 1975 PA 164, MCL 18.302:
Commission on Spanish-Speaking Affairs
Mr.Benjamin D. Inquilla of 685 Glenview Circle, Plainwell, Michigan 49080, county of Allegan, succeeding Maria Guiterrez-Ostrander, who has resigned, representing the general public, for a term commencing February 2, 2005 and expiring December 10, 2005.
Sincerely,
Jennifer M. Granholm
Governor
The appointment was referred to the Committee on Government Operations.
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 pro tempore, Senator Birkholz, designated Senator Kuipers as Chairperson.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Birkholz, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
Senate Bill No.137, entitled
A bill to amend 1972 PA 295, entitled "Forensic polygraph examiners act," by amending section 10 (MCL 338.1710).
The bill was placed on the order of Third Reading of Bills.
During the Committee of the Whole, Senator Garcia entered the Senate Chamber.
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No.8
The resolution consent calendar was adopted.
Senator Hardiman offered the following resolution:
Senate Resolution No.8.
A resolution celebrating February 2005 as Marriage Month in Michigan.
Whereas, Marriage is one of our most fundamental institutions, created in ancient sacred creeds, shaped by centuries of experience, reinforced by human nature, and continuing up to the present age to be the foundation of strong families, communities, states, and nations; and
Whereas, Healthy marriages are both the most intimate interpersonal relationships and the most significant public expressions of commitment and stability, and bring strength and beauty to our social and civic lives. This dual nature of marriage is recognized by the personal vows exchanged and by the laws of the state of Michigan; and
Whereas, Research and human experience testify that couples and their children blessed with healthy marriages tend to enjoy better physical, mental, and emotional health; be more financially secure; and attain higher levels of education, employment, and achievement; and
Whereas, Persons in troubled and damaging marriages suffer personally, and many of the expenditures of the state are closely tied to people harmed by failed or never formed marriages. Any long-term strategy for healing this damage, reducing dependency on state social services, and ensuring economic growth must include a strategy for encouraging healthy marriages; and
Whereas, Couples, families, neighborhoods, and the state reap the benefits of successful marriages, and those promoting sound marriages deserve our sincere gratitude, respect, and praise; now, therefore, be it
Resolved by the Senate, That we hereby dedicate this document in celebration of February 2005 as Marriage Month in the state of Michigan.
Senators Birkholz, Brown, Cassis, Clarke, Goschka, Prusi and Van Woerkom were named co-sponsors of the resolution.
Introduction and Referral of Bills
Senators Schauer, Cherry, Prusi, Thomas, Olshove, Basham, Scott, Brater, Clarke, Bernero, Jacobs, Switalski, Clark-Coleman, Emerson, Leland, Barcia and Jelinek introduced
Senate Bill No.152, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 2002 PA 662.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senators Schauer, Jacobs, Cherry, Prusi, Thomas, Olshove, Basham, Scott, Brater, Barcia, Clarke, Bernero, Switalski, Clark-Coleman, Emerson, Leland and Jelinek introduced
Senate Bill No.153, entitled
A bill to amend 1976 PA 267, entitled "Open meetings act," by amending sections 2 and 3 (MCL 15.262 and 15.263), section 2 as amended by 2001 PA 38 and section 3 as amended by 1988 PA 278.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Switalski introduced
Senate Bill No.154, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509r (MCL 168.509r), as amended by 2003 PA 302.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Switalski introduced
Senate Bill No.155, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2004 PA 218.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No.156, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1315.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Brater, Basham, Jacobs, Patterson, Cherry and Schauer introduced
Senate Bill No.157, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2004 PA 258.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Brater, Basham, Jacobs, Patterson, Cherry and Schauer introduced
Senate Bill No.158, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11503, 11514, and 11545 (MCL 324.11503, 324.11514, and 324.11545), section 11503 as amended by 1998 PA 466 and section 11514 as amended by 2004 PA 34.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Leland, Basham, Jacobs, Switalski, Brater, Emerson and Olshove introduced
Senate Bill No.159, entitled
A bill to amend the Initiated Law of 1976, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," by amending section 1 (MCL 445.571), as amended by 1989 PA 93.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Jelinek, Goschka, Garcia, Olshove, Kuipers, Schauer and Birkholz introduced
Senate Bill No.160, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Allen, Birkholz, Stamas, Van Woerkom, Jacobs, Jelinek, Barcia, Goschka, Garcia, George, Cassis, Toy, Gilbert, Johnson, Sanborn, Patterson, Brown, McManus, Hardiman, Kuipers, Bishop and Basham introduced
Senate Bill No.161, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Jacobs introduced
Senate Bill No.162, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 521a.
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 Allen introduced
Senate Bill No.163, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 521 (MCL 436.1521), as amended by 1998 PA 282.
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 Scott, Leland, Olshove and Brater introduced
Senate Bill No.164, entitled
A bill to regulate deferred deposit loans for issued checks; to provide for licensing and fees; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator McManus introduced
Senate Bill No.165, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3122 (MCL 324.3122), as added by 2004 PA 90, and by adding section 3123a.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators McManus, Leland, Jelinek, Garcia, Goschka, Allen, Toy, Johnson, Van Woerkom, Bishop, Kuipers and Birkholz introduced
Senate Bill No.166, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 360.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators McManus, Switalski, Jelinek, Goschka, Johnson, Kuipers, Bishop and Birkholz introduced
Senate Bill No.167, entitled
A bill to provide for occupational regulatory agencies to allow the use of on-line or other electronic continuing education or continuing competency programs under certain circumstances; to provide for certain powers and duties for certain state regulatory agencies; and to provide for the promulgation of rules.
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 McManus, Jelinek, Garcia, Goschka, Olshove, Allen, Johnson, Kuipers, Bishop and Birkholz introduced
Senate Bill No.168, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Patterson, Prusi, Basham, Jacobs, Olshove, Schauer, Brater, Cherry and Barcia introduced
Senate Bill No.169, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21525.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Patterson introduced
Senate Bill No.170, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IV, section 16a of chapter IX, section 22 of chapter XVI, and sections 15g, 16m, and 16s of chapter XVII (MCL 764.1a, 769.16a, 776.22, 777.15g, 777.16m, and 777.16s), section 1a of chapter IV as amended by 1994 PA 70, section 16a of chapter IX as amended by 2004 PA 220, section 22 of chapter XVI as amended by 2001 PA 194, section 15g of chapter XVII as added by 2002 PA 206, section 16m of chapter XVII as amended by 2001 PA 166, and section 16s of chapter XVII as amended by 2004 PA 519.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Allen introduced
Senate Bill No.171, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," (MCL 421.1 to 421.75) by adding section 22b.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senator Toy introduced
Senate Bill No.172, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 26 (MCL 421.26), as amended by 1984 PA 172.
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senator McManus introduced
Senate Bill No.173, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 22 (MCL 421.22).
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Senator Olshove introduced
Senate Bill No.174, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 41 (MCL 421.41).
The bill was read a first and second time by title and referred to the Committee on Commerce and Labor.
Statements
Senators Hardiman, Scott and Cherry asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hardiman's statement is as follows:
I rise to speak to the issue of celebrating marriage on February 2005 as Marriage Month in Michigan. This body has just passed through its consent calendar a resolution that's designating February 2005 as a month to celebrate marriage in this state.
Madam Chair, my Senate colleagues, I have long believed that the foundation of strong communities are strong families, and the foundation of strong families are strong, healthy marriages. Statistics show that children born and raised in a strong, healthy, two-parent married family have a much better chance at life, lower statistics in teenage delinquency, teenage pregnancy, and substance abuse. Now, this is not to put down those who are in other situations, unfortunate situations, and some of those are living very heroic lives, but I do think it is right and proper that we should celebrate marriage.
Allow me to read just a porting of the resolution. "Marriage is one of the most fundamental institutions, created in ancient sacred creeds, shaped by centuries of experience, reinforced by human nature, and continuing up to the present age to be the foundation of strong families, communities, states, and nations. Healthy marriages are both the most intimate interpersonal relationships and the most significant public expressions of commitment and stability, and bring strength and beauty to our social and civic lives. This dual nature of marriage is recognized by the personal vows exchanged and by the laws of the state of Michigan."
Madam Chair, there are many organizations working to help build strong marriages. Healthy Marriages Grand Rapids was started in 1997 and, through private funding efforts, was initially developed to educate couples before they chose to enter into the commitment of marriage. That program has expanded and through a federal grant is now working with many other organizations, ten community inter-city groups, and working with lower-income folks to help empower couples for a lifelong marriage. I commend Healthy Marriages Grand Rapids and other organizations that are working in this field.
I think by working to promote healthy marriages, we are really helping to promote healthy lives in the state of Michigan. So I want to thank my Senate colleagues for this resolution and thank all of those who are working in this field to build strong marriages and, I believe, a strong state.
Senator Scott's statement is as follows:
Well, I've seen a lot of bills that have been introduced recently regarding insurance. I'm happy to see that my colleagues do understand that we do need to do something in regards to insurance for those who pay triple and double the amount that some others do. But they also want some equity in insurance for homeowners as well as auto insurance. So I say thank you to them, and let's work together to get these bills out in the open so we can discuss them.
Senator Cherry's statement, in which Senator Birkholz concurred, is as follows:
I just want to bring to the members' attention that the Children's Caucus, of which you and I are the co-chairs, has put on the desk of all of the members the Kid's County Data Book for 2004. In that is both good and bad news, and I just wanted to point out a couple of things. For some things that are rather troubling, these are some of the statistics that I have found: 1 in 5 young children under the age of 5 lived in poverty in 2003; Michigan's annual hospitalization rate due to asthma among young children was almost double the healthy people 2010 goal; teen mothers ages 15 to 17 were half as likely to get adequate prenatal care as the state average.
However, there is some good news too. The biggest improvement in Michigan over this trend period occurred among teens. Both the rates of births to teens ages 15 to 17 and the rate of injury deaths among teens ages 15 to 19 dropped by roughly one-third.
I have found this information very helpful as I use it and bring people's awareness in my district about issues that are important to children. I know all of the other members will. Please use the book; it is very helpful.
Senator Hammerstrom moved that when the Senate adjourns today, it stand adjourned until Tuesday, February 8, at 6:00p.m.
The motion prevailed.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Environmental Affairs submitted the following:
Meeting held on Tuesday, February 1, 2005, at 3:00p.m., Room 110, Farnum Building
Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham
COMMITTEE ATTENDANCE REPORT
The Committee on Gaming and Casino Oversight submitted the following:
Meeting held on Wednesday, February 2, 2005, at 1:00p.m., Room 210, Farnum Building
Present: Senators Allen (C), Bishop, Birkholz and Olshove
Excused: Senator Emerson
COMMITTEE ATTENDANCE REPORT
The Committee on Senior Citizens and Veterans Affairs submitted the following:
Meeting held on Wednesday, February 2, 2005, at 1:00p.m., Room 100, Farnum Building
Present: Senators Toy (C), Stamas, Gilbert, Clark-Coleman and Olshove
Scheduled Meetings
Appropriations - Thursday, February 10, 1:00p.m. or later immediately following Joint Senate/House Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Subcommittee -
Higher Education - Tuesday, February 8, 8:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Appropriations, Joint Senate/House - Thursday, February 10, 12:00 noon, House Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Health Policy - Wednesday, February 9, 1:00p.m., Rooms 402 and 403, Capitol Building (373-3543)
Judiciary - Tuesday, February 8, 1:00p.m., Room 210, Farnum Building (373-3760)
Local, Urban and State Affairs - Thursday, February 10, 1:00p.m., Room 110, Farnum Building (373-1707)
Technology and Energy - Wednesday, February 9, 3:00p.m., Room 210, Farnum Building (373-7350)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 10:41a.m.
In pursuance of the order previously made, the President pro tempore, Senator Birkholz, declared the Senate adjourned until Tuesday, February 8, 2005, at 6:00p.m.
CAROL MOREY VIVENTI
Secretary of the Senate