No. 13
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2005
Senate Chamber, Lansing, Thursday, February 17, 2005.
10:00a.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--excused 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 Kenneth R. Sikkema of the 28th District offered the following invocation:
Lord, as we begin our day, we bow before You. We acknowledge You as the Giver of all that is good. We want to thank You for the opportunity to serve. We are mindful of our obligations and responsibilities to consider the needs of the entire state and not the needs of just our own districts and areas. We want You, we ask You to bless our work today.
We, again, offer a heartfelt prayer for our friend and former colleague, Jim Howell, and his wife Maureen and their family. We thank You that You are the Giver of life. We beseech You that You will pour out Your mercy and healing grace upon that young man and that family.
This and more we ask in Your name. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Birkholz entered the Senate Chamber.
Senator Schauer moved that Senator Basham be excused from today's session.
The motion prevailed.
The Secretary announced that the following official bills and joint resolution were printed on Wednesday, February 16, and are available at the legislative Web site:
Senate Bill Nos. 196 197 198 199 200 201
House Bill Nos. 4262 4263 4264 4265 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320
House Joint Resolution E
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:09a.m.
10:15a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senators Brown, Jelinek, Stamas, Johnson, Garcia, McManus, George, Hardiman, Cropsey and Bernero entered the Senate Chamber.
Third Reading of Bills
Senator Goschka entered the Senate Chamber.
Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No.69
Senate Bill No.93
The motion prevailed.
The following bill was read a third time:
Senate Bill No.69, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g), as added by 1999 PA 23.
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.10 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Bernero 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
Clark-Coleman
Nays--0
Excused--1
Basham
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.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 question being on the passage of the bill,
Senator Brater offered the following amendment:
1. Amend page 2, line 3, by striking out all of subdivision (A) and relettering the remaining subdivisions.
The amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.11 Yeas--33
Allen Clarke Jelinek Schauer
Barcia Cropsey Johnson Scott
Bernero Garcia Kuipers Sikkema
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brown Goschka Patterson Thomas
Cassis Hammerstrom Prusi Toy
Cherry Hardiman Sanborn Van Woerkom
Clark-Coleman
Nays--4
Brater Emerson Jacobs Leland
Excused--1
Basham
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
Protest
Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.93 and moved that the statement she made during the discussion of the amendment offered by Senator Brater be printed as her reasons for voting "no."
The motion prevailed.
Senator Jacobs' statement is as follows:
I rise in support of this amendment. I think all of us here feel that we have done a pretty good job of raising our kids, that we have raised moral kids with good values. I know I feel I did. My husband and I raised our kids; they were brought up in a faith community; they attended religious services; they went to Sunday school; they were active members of their temple youth group; and they became really great adults with great values. That's because my husband and I took the responsibility to provide good role models and to teach them what we felt were really good values.
We should be, as parents, doing this from the moment our children are born. I don't think that we should be basically legislating morality. We have a situation where our schools are basically having a tough time teaching our kids to read and write. Our State Board of Education certainly has enough to do. To me, if we were going to be asking them to provide some new models, I'd say let's do something on conflict resolution so that kids know how to behave properly when they are at school. But I think we ought to be leaving character education to parents. I think we do a good job.
I am in total support of what my colleague was speaking about. So let's continue making sure that parents are parents. I support Senator Brater's amendment.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senators Stamas, Patterson, Hardiman, Garcia, Cropsey, Goschka, Bishop and Allen offered the following concurrent resolution:
Senate Concurrent Resolution No.6.
A concurrent resolution to memorialize the Congress of the United States and the federal government to work with Michigan officials to align the ownership of mineral rights and surface rights on state and federal lands in Michigan and express our intent to take actions to achieve this goal.
Whereas, State-owned land in Michigan amounts to approximately 13 percent of the acreage and the federal government manages another 8 percent of Michigan's surface area. This large percentage of state and federal land ownership is especially significant in the situations in which ownership of mineral rights is not consistent with the ownership of the surface rights; and
Whereas, The degree to which the rights to minerals do not align with rights to the surface of the land is cause for considerable litigation and frustration in Michigan. This frustration is felt by citizen groups, mineral exploration and production companies, local units of government, and all consumers of gas and oil; and
Whereas, The state of Michigan has jurisdiction over both mineral and surface rights on 3.8 million acres of land and mineral rights alone on another 2.1 million acres. Maps showing ownership of property in Michigan reflect a crazy quilt of ownership. The common situation of surface land ownership differing from ownership of the mineral rights below presents many problems to our state. This nonalignment of ownership makes it difficult to protect land from development and difficult to extract the energy resources that our society needs. Instead, expensive and minimally productive litigation can be the result; and
Whereas, It would be far more productive for the state and federal governments to work together to do all that is possible to minimize conflicts in ownership between surface rights and mineral rights; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States, the Department of Interior, the Bureau of Land Management, the National Forest Service, and the Department of Energy to work with Michigan officials to exchange property to align the ownership of mineral rights and surface rights on state and federal lands in Michigan and express our intent to take actions to achieve this goal; 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, the Bureau of Land Management, the Department of Interior, the National Forest Service, and the Department of Energy.
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 Natural Resources and Environmental Affairs.
The motion prevailed.
Senators Birkholz, Cassis and Prusi were named co-sponsors of the concurrent resolution.
Senators Stamas, Van Woerkom, Birkholz, Sanborn, Goschka, Allen, Hardiman, Garcia, Brown, Jelinek and Barcia offered the following resolution:
Senate Resolution No.9.
A resolution to express support for the mission of Rural Partners of Michigan and calling for increased investment in this work.
Whereas, Due to changes in technology, the global marketplace, and society, farm life and rural communities in Michigan and throughout the country are facing unprecedented challenges. Rural life today projects a far different profile than was the case for those who lived in rural areas only a few decades ago; and
Whereas, In 1980, Congress enacted the Rural Development Policy Act. Michigan took actions to implement this idea through a rural partnership program and the creation of a nonprofit organization to address such key issues as the infrastructure, rural health problems, water-related matters, economic development, land use, and a host of other policy challenges. Rural Partners of Michigan was formed and became a focused mechanism to ensure that the rural voice was heard, especially in the halls of government; and
Whereas, The framework of rural private-public partnerships to facilitate collaboration, encourage input, and reduce and eliminate duplicative governmental regulations remains as important as ever to the vitality of rural life in Michigan. The state's policymakers and agriculture leaders would do well to encourage investment in Michigan rural communities through Rural Partners of Michigan; now, therefore, be it
Resolved by the Senate, That we express support for the mission of Rural Partners of Michigan and call for increased investment in this work; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Agriculture, the Michigan Economic Development Corporation, the Office of the Governor, and the USDA Michigan State Director.
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 Agriculture, Forestry and Tourism.
The motion prevailed.
Senator Cassis was named co-sponsor of the resolution.
Introduction and Referral of Bills
Senators Brater, Jacobs, Leland and Emerson introduced
Senate Bill No.209, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3902 (MCL 324.3902).
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Brown and Jelinek introduced
Senate Bill No.210, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 205 (MCL 257.205), as amended by 1980 PA 398.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Birkholz, Toy, Allen, Gilbert, Sanborn, Patterson, Van Woerkom, Hardiman and Hammerstrom introduced
Senate Bill No.211, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41301 (MCL 324.41301), as added by 2003 PA 270.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Van Woerkom, Birkholz, Toy, Allen, Gilbert, Sanborn, Patterson, Hardiman and Hammerstrom introduced
Senate Bill No.212, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41303 (MCL 324.41303), as added by 2003 PA 270.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Stamas, Birkholz, Toy, Allen, Gilbert, Sanborn, Patterson, Van Woerkom, Hardiman and Hammerstrom introduced
Senate Bill No.213, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41305 (MCL 324.41305), as added by 2003 PA 270.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Brater, Allen, Toy, Gilbert, Patterson, Van Woerkom, Hardiman, Hammerstrom and Birkholz introduced
Senate Bill No.214, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41309 (MCL 324.41309), as added by 2003 PA 270.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Gilbert, Birkholz, Allen, Toy, Patterson, Van Woerkom, Hardiman and Hammerstrom introduced
Senate Bill No.215, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 41313.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Patterson, Birkholz, Toy, Allen, Van Woerkom, Hardiman and Hammerstrom introduced
Senate Bill No.216, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 41321.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Allen, Birkholz, Patterson, Toy, Gilbert, Van Woerkom, Hardiman and Hammerstrom introduced
Senate Bill No.217, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 41323.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Birkholz, Allen, Brater and Garcia introduced
Senate Bill No.218, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11514 (MCL 324.11514), 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 Birkholz, Allen and Brater introduced
Senate Bill No.219, entitled
A bill to amend 1967 PA 288, entitled "Land division act," (MCL 560.101 to 560.293) by adding section 294; 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 Natural Resources and Environmental Affairs.
Senators Van Woerkom, Kuipers, Cropsey, Goschka and Patterson introduced
Senate Bill No.220, entitled
A bill to amend 1989 PA 269, entitled "An act to provide civil immunity to persons who operate or use certain sport shooting ranges; and to regulate the application of state and local laws, rules, regulations, and ordinances regarding sport shooting ranges," by amending section 3 (MCL 691.1543), as amended by 1994 PA 250.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators McManus, Van Woerkom, Barcia, Gilbert, Goschka, Allen, Stamas, Hardiman, Garcia, Brown and Jelinek introduced
Senate Bill No.221, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 262.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
Senators Barcia, Van Woerkom, Goschka, Allen, Stamas, Hardiman, Garcia, Brown and Jelinek introduced
Senate Bill No.222, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
Senators Jelinek, Van Woerkom, Birkholz, Sanborn, Cropsey, Goschka, Allen, Stamas, Hardiman, Garcia, Brown and Barcia introduced
Senate Bill No.223, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38e (MCL 208.38e), as amended by 2003 PA 273.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
Senators Van Woerkom, Gilbert, Birkholz, Goschka, Allen, Stamas, Brown, Jelinek and Barcia introduced
Senate Bill No.224, entitled
A bill to amend 2002 PA 49, entitled "Michigan broadband development authority act," by amending section 7 (MCL 484.3207), as amended by 2003 PA 265.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
Senators Brown, Van Woerkom, Gilbert, Birkholz, Sanborn, Cropsey, Goschka, Allen, Stamas, Hardiman, Garcia, Jelinek and Barcia introduced
Senate Bill No.225, entitled
A bill to create an agricultural tourism advisory commission; to provide for its powers and duties; 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 Agriculture, Forestry and Tourism.
Senators Gilbert, Van Woerkom, Birkholz, Sanborn, Cropsey, Goschka, Allen, Stamas, Hardiman, Garcia, Brown, Jelinek and Barcia introduced
Senate Bill No.226, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 23.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
Senators Brown, Van Woerkom, Birkholz, Gilbert, Jelinek, Goschka, Cropsey, Sanborn, Stamas, Kuipers and Allen introduced
Senate Bill No.227, 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 Agriculture, Forestry and Tourism.
Senators Van Woerkom, Gilbert, Jelinek, Goschka, Cropsey, Stamas, Birkholz, Kuipers, Allen and Brown introduced
Senate Bill No.228, entitled
A bill to establish a loan repayment program for repayment of certain educational loans to agricultural employees in rural areas; to provide for the administration of the program; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.
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:
Well, here I go again. After attending the JCAR meeting this morning, you know, it's very clear that there is a segment of the population that just wants to keep everything status quo for themselves and not be fair to everyone and make sure that these insurance rates are spread among all of us, as opposed to a few of us who live in the urban areas. I would just hope that we would start looking at things just a little differently. We talk about fairness. That is all I'm asking for is some fairness with these insurance rates.
Committee Reports
The Committee on Commerce and Labor reported
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.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy and McManus
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce and Labor reported
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.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy, McManus and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce and Labor reported
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).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy, McManus and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Commerce and Labor reported
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).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy, McManus and Schauer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Senior Citizens and Veterans Affairs reported
Senate Bill No.194, entitled
A bill to amend 2004 PA 402, entitled "Armed forces commemoration act," by amending section 2 (MCL 435.342).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Stamas, Gilbert and Olshove
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Senior Citizens and Veterans Affairs submitted the following:
Meeting held on Wednesday, February 16, 2005, at 1:00p.m., Room 100, Farnum Building
Present: Senators Toy (C), Stamas, Gilbert and Olshove
Excused: Senator Clark-Coleman
Scheduled Meetings
Natural Resources and Environmental Affairs - Tuesday, February 22, 3:00p.m., Room 110, Farnum Building
(373-3447)
Technology and Energy - Wednesday, February 23, 3:00p.m., Room 210, Farnum Building (373-7350)
Transportation - Tuesday, February 22, 1:00p.m., Room 110, Farnum Building (373-7708)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 10:54a.m.
The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, February 22, 2005, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate