No. 37

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2003

Senate Chamber, Lansing, Thursday, April 24, 2003.

 

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--presentEmerson--presentOlshove--present
Barcia--presentGarcia--presentPatterson--present
Basham--presentGeorge--presentPrusi--present
Bernero--presentGilbert--presentSanborn--present
Birkholz--presentGoschka--excusedSchauer--present
Bishop--presentHammerstrom--presentScott--present
Brater--presentHardiman--presentSikkema--present
Brown--presentJacobs--presentStamas--present
Cassis--presentJelinek--presentSwitalski--present
Cherry--presentJohnson--presentThomas--present
Clark-Coleman--presentKuipers--presentToy--present
Clarke--presentLeland--presentVan Woerkom--present
Cropsey--presentMcManus--present

 

 

Reverend Harry Johnson of People's Community Church of East Lansing offered the following invocation:

Our gracious God, we thank You for calling people to serve as elected officials. As these men and women work together to govern here in Michigan, may they be attentive to a higher voice--Yours. And in quiet, may they regularly seek it, for it is with character, integrity, and faith that they will best serve the people of this state. May their faith strengthen them so they are more than equal to the challenges before them. May their integrity guide them towards making decisions for the greater good of the greatest number of citizens. And may their character be an inspiration to the best among our children who may aspire to serve one day as Senators themselves.

This we pray in the name of Him who was the greatest servant leader of all. Amen.

 

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

 

 

Motions and Communications

 

 

Senator Hammerstrom moved that Senator Garcia be temporarily excused from today's session.

The motion prevailed.

 

Senator Schauer moved that Senators Barcia and Thomas be temporarily excused from today's session.

The motion prevailed.

 

 

Messages from the Governor

 

 

The following message from the Governor was received and read:

April 23, 2003

Please be advised of the following appointment to office:

Judge of the Circuit Court for the Seventeenth Judicial Circuit

The Honorable Steven Mitchell Pestka of Grand Rapids, county of Kent, as Judge of the Circuit Court for the Seventeenth Judicial Circuit, succeeding Judge David Soet, who retired effective March 1, 2003, for a term beginning on April 22, 2003 and expiring at twelve noon on January 1, 2005.

Sincerely,

Jennifer M. Granholm

Governor

The message was referred to the Secretary for record.

 

 

Senator Thomas entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

Resolutions

 

 

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 67

Senate Resolution No. 68

Senate Resolution No. 69

Senate Resolution No. 70

Senate Resolution No. 72

The resolution consent calendar was adopted.

 

 

Senators Emerson, Basham, Olshove, Switalski, Cherry, Jacobs, Bernero, Schauer, Scott, Leland, Barcia, Clarke, Clark-Coleman, Prusi, Brater and Thomas offered the following resolution:

Senate Resolution No. 67.

A resolution commemorating April 28, 2003, as Workers' Memorial Day.

Whereas, On this day, April 28, 2003, we remember all those whose lives have been taken as a result of a workplace disaster, suffered from disease caused by unnecessary workplace exposure, or injured due to dangerous working conditions. It is on this day that we also renew the fight against substandard work environments; and

Whereas, On this date in 1970, Congress passed the Occupational Safety and Health Act, an early attempt to demand safety in the workplace. Despite this and later efforts, more than 6,000 individuals are killed on the job each year and another 50,000 die from occupational diseases. This number can and should be reduced; and

Whereas, More than 100 countries around the globe recognize the contributions of those lost to dangerous working conditions. Each has adopted a Workers' Memorial Day, and it is appropriate that we join with them in the fight to ensure safe working conditions for all; now, therefore, be it

Resolved by the Senate, That we hereby commemorate April 28, 2003, as Workers' Memorial Day in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan AFL-CIO, as we pay tribute to the individuals lost, their families, friends, and survivors on this day of remembrance.

 

 

Senator Bernero offered the following resolution:

Senate Resolution No. 68.

A resolution honoring Gerry Mutty upon his retirement.

Whereas, It is a great pleasure to extend this expression of our thanks and best wishes to Gerry Mutty upon the occasion of his retirement from the Michigan Commission on Disability Concerns. With the commitment he has given to our state over what amounts to two distinct careers, he has exhibited the highest standards of citizenship and unselfishness; and

Whereas, Gerry earned his Bachelor of Arts from Michigan State University and later continued his education and received his Master's of Public Administration from Western Michigan University in 1979. His education and administrative experience were excellent preparation for his next position in the Michigan Department of Social Services. From there, he moved upward in the ranks of leadership at the department, gaining respect for his effective abilities. For a time, he served as acting director of the Michigan Developmental Disabilities Council and is retiring as executive director of the Michigan Commission on Disability Concerns; and

Whereas, Gerry's role in the group that worked on the Family Support Subsidy Act was instrumental in securing passage of that bill, and the entire group was thankful for his dedication. He also had a key role in the passage of the 1990 amendment to the Michigan Persons with Disabilities Civil Rights Act that clarified the accommodations section of the law, added civil rights protection for people with mental illness, and added coverage of all Michigan employers; and

Whereas, Together with a network of community leaders, Gerry inspired and led the development of the Michigan Youth Leadership Forum for high school students with disabilities. His devotion to the forum and love for youth has led to the continuation of the forum on an annual basis; and

Whereas, Gerry's knowledge has also been tapped by the Lansing Area Parents Respite Program, Community Living Arrangements State Task Force, and several other organizations and committees working to improve conditions for the citizens of Michigan. His wisdom, professionalism, and generosity have earned him widespread acclaim and our deepest appreciation; now, therefore, be it

Resolved by the Senate, That the members of this legislative body honor and commend Gerry Mutty upon his retirement after 30 years of distinguished service in Michigan government. May the kindnesses he has sought to share with others be returned to him many times over; and be it further

Resolved, That a copy of this resolution be transmitted to Gerry Mutty as a token of our esteem.

Senators Basham, Clark-Coleman, Thomas, Cherry, Olshove, Switalski, Jacobs and Brater were named co-sponsors of the resolution.

 

 

Senator Bernero offered the following resolution:

Senate Resolution No. 69.

A resolution declaring May 2003 as Asian American and Pacific Islander Heritage Month.

Whereas, The state of Michigan is very proud to have over 208,000 persons of Asian and Pacific Islander descent among its population. They have made and continue to make significant economic, social, and political contributions to our great society; and

Whereas, Asian Americans and Pacific Islanders are a diverse and gregarious community representing over 30 nations and adherents to the major religions of the world, including Buddhism, Christianity, Confucianism, Hinduism, Islam, Judaism, and Sikhism; and

Whereas, The devotion and commitment of many Asian American and Pacific Islander organizations, such as the Asian Pacific American Council of Michigan, American Citizens for Justice, Mid-Michigan Asian Pacific American Association, Asian Pacific Women's Association, and the Asian American Bar Association, are dedicated to enlightening and educating all citizens of Michigan about both the needs and the opportunities that the Asian and Pacific Islander community represents; and

Whereas, Asian American and Pacific Islander citizens, through advocating issues of justice and equity, continue to break down the barriers of discrimination, indifference, and intolerance, thereby making it possible for all Asian Americans and Pacific Islanders to move to the forefront of social, cultural, political, and economic arenas; and

Whereas, The state of Michigan is appreciative of its cultural diversity and welcomes the opportunity to honor our Asian Americans and Pacific Islanders for their commitment to leadership, dedication to knowledge, and determination to succeed; now, therefore, be it

Resolved by the Senate, That we hereby declare May 2003 as Asian American and Pacific Islander Heritage Month. We urge all citizens to not only recognize the many accomplishments and contributions of Asian Americans and Pacific Islanders have made to our state and great nation, but also the opportunities they represent for a better and greater democracy; and be it further

Resolved, That a copy of this resolution be transmitted to the Asian American and Pacific Islander community in Michigan.

Senators Basham, Van Woerkom, Clark-Coleman, Thomas, Cherry, Olshove, Switalski, Jacobs and Brater were named co-sponsors of the resolution.

 

 

Senators Prusi, Emerson, Switalski, Jacobs, Basham, Clark-Coleman, Bernero, Thomas, Cherry, Olshove, Scott, Schauer, Sikkema, Johnson, Van Woerkom, Stamas, Allen, Hammerstrom, Barcia, Brater, Leland, Kuipers, Clarke, Cassis, McManus, Patterson, Gilbert, Sanborn, Cropsey, Birkholz, Jelinek, Hardiman, Brown, George, Bishop and Toy offered the following resolution:

Senate Resolution No. 70.

A resolution recognizing Suomen Tasavallan Presidentti Tarja Halonen.

"We must seek, above all, a world of peace; a world

in which people dwell together in mutual respect

and work together in mutual regard."

President John F. Kennedy

 

"Meidän täytyy ennenkaikkea etsiä rauhan maailma;

maailma jossa ihmisettakertuvat toisiinsa ja työskentelevät

yhdessä."

President John F. Kennedy

(As translated by Anna Häkkinen--Helsinki, Finland)

Whereas, It is with distinct honor and a privilege that we welcome Her Excellency Suomen Tasavallan Presidentti Tarja Halonen to the United States of America, and especially to the Upper Peninsula and Finlandia University. A member of the Social Democratic Party, President Halonen is the first woman in Finnish history to hold the title of President of the Republic. We are pleased to join with Dr. Ubbelohde and the students, faculty, and staff of Finlandia University in welcoming President Halonen to Michigan's Upper Peninsula. We also congratulate her on receiving her Honorary Doctor of Human Letters degree at the Finlandia University Paavo Nurmi Center Gymnasium on this date, April 27, 2003; and

Whereas, Born in Helsinki, Finland, on December 24, 1943, Her Excellency President Tarja Halonen graduated from the University of Helsinki in 1968 and later received her Candidate of Laws degree. In 1969, she began her professional career as Social Affairs Secretary to the National Union of Finnish Students. She also practiced law with the Central Organization of the Finnish Trade Unions in 1970, a position she held during her political career as a member of Parliament and as Cabinet Minister. President Halonen joined the Social Democratic Party in 1971; and

Whereas, Not new to the political scene, President Halonen was appointed Parliamentary Secretary to the Prime Minister in 1974, a post she held until 1975. She was elected to Parliament in 1979 and served for five consecutive elections, until she assumed the office of President. During her political career, President Halonen acted as chair of Parliament's Social Affairs Committee, as a member of Parliament, as deputy-chair of the Legal Affairs Committee, and as chair of the Grand Committee. An integral part of her political career has been her five terms as a member of the Helsinki City Council; and

Whereas, A staunch advocate for human rights, equality, democracy, and civil society, President Halonen was elected the 11th President of Finland in February 2000. President Halonen has served in three Cabinets, with appointments as Minister of Social Affairs and Health, Minister of Justice, and Minister for Foreign Affairs. She acted as Minister for Nordic Cooperation from 1989 to 1991. Having served as a member of the Committee of Wise Person's for the Council of Europe, she played an active role as deputy-chair of the Finnish delegation to the Parliamentary Assembly and later on the Ministerial Committee. In her spare time, the President enjoys the theatre, visual arts, swimming, rhythmic gymnastics competition, and gardening. She speaks five languages, including Finnish, Swedish, English, and German; now, therefore, be it

Resolved by the Senate, That the women of Finland have reached a number of historic political milestones, beginning in 1864, when they were first given legal rights to own property and dispose of their own income. Politically, in 1906, Finland became the first European country to grant women the right of suffrage and the first country to grant women the right to become electoral candidates. However, it wasn't until 1926 that a few government posts were actually made available to women; and be it further

Resolved, That this legislative body hereby welcomes and recognizes Her Excellency Suomen Tasavallan Presidentti Tarja Halonen to the United States of America, and especially to Michigan's Upper Peninsula, which abounds in Finnish heritage and where sauna is a household word. May she, along with her husband Pentti Arajärvi and their daughter Anna, know of our appreciation for her diplomatic visit to Michigan and for her delivery of the 2003 Finlandia University Commencement Address. On behalf of the Governor, the Michigan State Legislature, and the people of the great state of Michigan, we wholeheartedly welcome President Halonen to the Upper Peninsula.

 

 

Senator Clark-Coleman offered the following resolution:

Senate Resolution No. 72.

A resolution observing April 25 - May 4, 2003, as National Dance Week.

Whereas, This year Michigan will observe April 25 - May 4, 2003, as the fourth annual National Dance Week, which was developed to heighten the awareness of the art of dance; and

Whereas, It is a distinct privilege to join with dancers throughout the country, and particularly in Michigan, in celebrating National Dance Week. This special week has been set aside to recognize the essential role that the arts play in our society, including the contribution of dance to American life; and

Whereas, Communities across our nation are honoring dance for its artistic beauty and its value as a means of physical fitness, cross-cultural communication, and religious expression; and

Whereas, On April 26, 2003, Sickle's Dance Company, a caring corporate citizen of our community, will host a special program entitled, "Dearborn Dance Festival." This festival will broaden and impact public knowledge, understanding, and appreciation of the art of dance. The citizens of the city of Dearborn and the entire state of Michigan can anticipate enjoying the talents of professional choreographers, instructors, performers, and students from across the state of Michigan; and

Whereas, The "Dearborn Dance Festival" will offer a rare opportunity for each one of us to experience the enjoyment of this unique form of human expression; now, therefore, be it

Resolved by the Senate, That we observe April 25 - May 4, 2003, as the fourth annual National Dance Week in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Sickle's Dance Company as an expression of our support for this event.

Senators Basham, Kuipers, Thomas, Cherry, Olshove, Switalski, Jacobs and Brater were named co-sponsors of the resolution.

 

 

Senators Gilbert, Garcia, Patterson, Kuipers, Birkholz, Allen, Van Woerkom and Cropsey offered the following resolution:

Senate Resolution No. 71.

A resolution to memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004.

Whereas, For over a century, the American Red Cross has served as a link between the people of the United States and their Armed Forces; and

Whereas, Under its Congressional Charter of 1905, the American Red Cross is entrusted to deliver emergency messages to members of the Armed Forces and their families; and

Whereas, Military commanders around the world rely on the Red Cross Armed Forces Emergency Services (AFES) to verify the need to approve leave for military personnel, and to provide financial support to enable them to return home when necessary; and

Whereas, In order to meet the Department of Defense requirements for emergency leave verification, Red Cross AFES is on call every hour of every day and night for 13 million service members and their families; and

Whereas, The Red Cross AFES program maintains a global emergency communications network supported by 392 employees and 28,000 volunteers located in 961 chapters across the nation, on 108 military installations around the world, and at two AFES Centers located at Fort Sill, Oklahoma, and Falls Church, Virginia; and

Whereas, Michigan's 26 Red Cross chapters and its work on three installations provided emergency communications assistance to 6,238 military personnel and their families in Fiscal Year 2002. Since last July, the American Red Cross in Michigan has seen a 43% increase in the number of military cases served over last year; and

Whereas, Operation Enduring Freedom, the war on terrorism, and the Iraq conflict have placed increased demands on this vital program. The Red Cross and Congress can no longer rely on charitable contributions from the American public to support this required service, especially during the current economic downturn; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004 to help fund costs associated with AFES emergency communications and staff mobilization and deployment. We also support the inclusion of AFES funding in the Department of Defense budget request starting in fiscal year 2005; and be it further

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

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 Families and Human Services.

The motion prevailed.

Senators Basham, Cherry, Olshove, Switalski and Brater were named co-sponsors of the resolution.

 

 

Senators Gilbert, Garcia, Patterson, Kuipers, Birkholz, Allen, Van Woerkom and Cropsey offered the following concurrent resolution:

Senate Concurrent Resolution No. 21.

A concurrent resolution to memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004.

Whereas, For over a century, the American Red Cross has served as a link between the people of the United States and their Armed Forces; and

Whereas, Under its Congressional Charter of 1905, the American Red Cross is entrusted to deliver emergency messages to members of the Armed Forces and their families; and

Whereas, Military commanders around the world rely on the Red Cross Armed Forces Emergency Services (AFES) to verify the need to approve leave for military personnel, and to provide financial support to enable them to return home when necessary; and

Whereas, In order to meet the Department of Defense requirements for emergency leave verification, Red Cross AFES is on call every hour of every day and night for 13 million service members and their families; and

Whereas, The Red Cross AFES program maintains a global emergency communications network supported by 392 employees and 28,000 volunteers located in 961 chapters across the nation, on 108 military installations around the world, and at two AFES Centers located at Fort Sill, Oklahoma, and Falls Church, Virginia; and

Whereas, Michigan's 26 Red Cross chapters and its work on three installations provided emergency communications assistance to 6,238 military personnel and their families in Fiscal Year 2002. Since last July, the American Red Cross in Michigan has seen a 43% increase in the number of military cases served over last year; and

Whereas, Operation Enduring Freedom, the war on terrorism, and the Iraq conflict have placed increased demands on this vital program. The Red Cross and Congress can no longer rely on charitable contributions from the American public to support this required service, especially during the current economic downturn; now, therefore, be it

Resolved by the Senate (the House of Representative concurring), That we memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004 to help fund costs associated with AFES emergency communications and staff mobilization and deployment. We also support the inclusion of AFES funding in the Department of Defense budget request starting in fiscal year 2005; and be it further

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

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 Families and Human Services.

The motion prevailed.

Senators Basham, Cherry, Olshove, Switalski and Brater were named co-sponsors of the concurrent resolution.

 

Senators Barcia and Garcia entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Statements

 

 

Senators Leland, Cropsey, Cherry, Jacobs, Scott, Barcia, Toy and Sanborn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Leland's statement is as follows:

As we know, our former Lieutenant Governor passed away yesterday, and I just had a couple moments that I would like to reflect on with you about her. I served with her for many, many years in the Legislature, and I recall back in 1983 when Jim and Martha had just gotten elected as Governor and Lieutenant Governor. I, on separate occasions, invited each of them to come to my district. I invited Governor Jim Blanchard to a Town Hall meeting in my district, and I invited Martha to a Town Hall meeting in my district. Now, Martha represented my area in the Congress of the United States for 20 years, so when I was a House member, everybody, of course, knew who Martha was. The first town meeting I had was early in 1983, and the Governor was invited. I can tell you that it was rather sparsely attended, causing a little bit of embarrassment for myself and I'm sure for the Governor. About six months later in that year, I invited Martha to the same church, St. Suzanne's Church on West Chicago in Detroit--I won't ever forget this--and the place was absolutely packed. You couldn't even get in the church. She was such a loved person in my area; it was like a homecoming for her. It really warmed my heart and everybody else's heart when she came to visit with us.

She was a very beloved person, she was a wonderful judge, Congresswoman, Lieutenant Governor, and she will always have a place in my heart and in the hearts of all of the constituents of mine when she represented them for so many years in the Legislature, on the bench, in Congress, and as Lieutenant Governor. We will always think about her. I will miss her and love her dearly.

 

Senator Cropsey's statement is as follows:

I think I'm one of only two members here--I think it was the Senator from the 31st District and myself who were actually members in this body when Martha Griffiths was the presiding officer; Lieutenant Governor Cherry was in this body also. I just want to compliment the current President of the Senate. You do not wield the gavel as heavily as she used to wield the gavel. I remember sitting over kind of in the center on this side, and she was pounding the gavel because I was speaking on my telephone and trying to scoot down underneath my seat so maybe I wouldn't be so loud or sound so loud. But she did run a very, very tight ship here.

She was also a person of tremendous warmth. I remember once I had my son here--my oldest son who's in college now--and he was running around. He was only about two years old at the time. I brought him to the floor of the Senate, and Martha Griffiths sat at the back just waiting for things to happen. I took my son back there, and she picked him up, put him on her lap, and talked with him. It's amazing to think that that would have been 20 some years ago now.

Truly, she was a woman of great warmth, great stature--a woman of tremendous integrity. I remember sitting down and talking to her on one of those long nights when people were in caucus, or we were waiting for the House to do what it was supposed to do, and she just sat down and chatted with me for quite some time, really regaling me with some of the tales of when she was on the Detroit Recorder's Court and how she had been very instrumental as a judge in helping to break organized crime in Detroit. She was one tough judge, and I think that everyone who knew her on the bench knew that. And she was a lady of tremendous integrity, and it is a sorrow to all of us to see this great personage in Michigan politics pass away. I, for one, am saddened by it but am grateful to have known her.

 

Senator Cherry's statement is as follows:

I'm going to change the subject for a moment today to pay special tribute to the life of Air Force Staff Sergeant Scott Sather of Vienna Township. As family and friends gather to commend this brave individual, we proudly add our own thanks for the services of this courageous man.

After Staff Sergeant Sather joined the military, he gravitated towards air traffic control. He attended airman leadership school, where he graduated in 1997, earning the right to wear the prestigious scarlet beret. The constant overachiever, Scott learned to set up makeshift runways anywhere in the world and trained in parachuting and scuba diving while enrolled in the illustrious program. He is remembered by his peers as always taking care of matters. Even if he wasn't asked to do it, he would go out and do it anyway, just to make sure things got done.

Staff Sergeant Sather was a tremendous asset to his country for a decade. He was assigned to the 24th Special Tactics Squadron based at Pope Air Force Base, North Carolina. Before that, he served in England for four years and then in Washington State.

Staff Sergeant Sather was a decorated airman and a hero to us all. He routed air traffic for special operations troops, such as Navy SEALS and Army Rangers, in isolated areas without runways, sometimes under heavy enemy fire. He received a Bronze Star in Afghanistan in October 2001, a testament to the valor in which he served his country. Scott also earned several other commendations, including four Air Force Achievement Medals and a Joint Service Medal.

Staff Sergeant Sather was the proud son of Rodney and Laurie Sather and Karin and husband Lucky Craft. He was married in July 2002, sadly leaving behind his wife Melanie. Scott graduated from Clio High School in 1991, where he excelled in football and baseball for the Mustangs.

We honor the exemplary life of Scott Sather. May his family know the high regard in which his memory is held not only by the community of Clio, but also the state of Michigan and the Senate.

 

Senator Jacobs' statement is as follows:

I rise today to speak about former Lieutenant Governor Martha Griffiths. I think it's sort of timely that today is Take Your Child to Work Day because we have so many young men and women in our audience today who can see how somebody of Martha Griffiths' stature was able to not only break the glass ceiling, but be a trailblazer for so many of us who are here today. We have 11 female state Senators, and I think we owe a lot to the work that Martha Griffiths did in making all of us have a real place in history.

I just want to give a little background, particularly for those who are in our Gallery today, so that they really understand her background. Martha Griffiths was the first Democratic woman elected to Congress from Michigan, the first woman to serve as a Recorder's Court judge in Detroit, one of the very first women elected to the Legislature, and the first woman elected as Lieutenant Governor. That's not to diminish our wonderful Lieutenant Governor who we have right now.

At each step, Martha Griffiths left her mark. Her years in Congress, however, was where she made her greatest mark. She fought for and succeeded in getting the federal civil rights law changed to include gender discrimination as a crime.

Yesterday, after hearing of Martha Griffiths' passing, Governor Granholm praised her courageous leadership and her service to our state saying that "Martha Griffiths blazed a trail that we in Michigan still follow to this day. Not only did she break the glass ceiling in Michigan's Capitol, but she modeled the way for all of us--men and women alike--to use the power of leadership to serve one another and improve our world for all of its citizens."

While best known for her work on women's rights in Congress, Ms. Griffiths also focused on health issues, urban renewal causes, and laws to fight poverty--such as legislation to create food stamps. Her loss will be felt by many. She left her mark on our state and on our country, and we are thankful for all of her contributions.

 

Senator Scott's statement is as follows:

I would also like to give some remarks with regards to former Lieutenant Governor Martha Griffiths. She called me the other Martha. We had a wonderful, warm relationship. When I was sworn in as mayor, she walked down the aisle with me, and she was my speaker. She talked about how wonderful it was that so many women were getting involved. At that time in 1988 when I was sworn in, we had the city clerk as a female, and we had the treasurer as a female. So it was three women who were going to be running that city. At that time also, Judge Cynthia Stephens was there, so it was a number of us there.

Not only was she there that day for me, but throughout my years as mayor I could always call upon her and come and sit in the Lieutenant Governor's office and talk about the issues of my city. She had so much empathy for us, and certainly gave me some wonderful ideas and a lot of encouragement.

I just want to thank God for her life today--for what she was to each and every one of us, to the state of Michigan, and to the United States, as she served us all very well. Again, it's just indeed an honor and a privilege.

The last time I saw her a few years ago, her housekeeper knew of our relationship and invited me to their Christmas party. I will always remember the last time I saw her. She was kind of frail, but yet, she still had that wonderful tenacity of hers. So, again, I thank God for her life.

 

Senator Barcia's statement is as follows:

I, too, want to add to the comments of all my colleagues who have spoken previously so eloquently about the very, very terrible loss of a truly outstanding public servant, Martha Griffiths. As Senator Cropsey mentioned, I, too, along with Lieutenant Governor Cherry, had the privilege of serving in this body when she served in the capacity of presiding over this body. She always did so with such dignity and a very, very civil approach that she utilized in dealing with all members of the Legislature from both parties. While she was in Congress, she had a reputation of being one of the most respected leaders in the Congress and an outstanding member of the Michigan delegation. I, too, want to say, as I look across this body--while women comprise about 53 percent of our population, nationally women are still underrepresented in legislative chambers at the federal, state, and local levels. Fortunately, things are changing, and we are getting more and more women. We have just outstanding women now representing in this chamber and doing a great job making a difference for the people of the state of Michigan. She truly was a pioneer by setting herself up as a sterling example of a public servant and someone who could crash through that glass ceiling that existed, especially back in the early 1960s and 1950s when she was first elected to Congress.

I rise today also for a couple of other comments. A few weeks ago the Senate passed Senate Resolution No. 57, which a number of us co-sponsored. Representative Rivet, who's on the floor, passed a similar resolution in the State House of Representatives declaring today, April 24, as a day to raise the awareness and to highlight the importance of our bone marrow and stem cell transplant, a medical procedure. Today, we have been joined by Governor Granholm who also issued a proclamation declaring this day across our great state.

In the north section of the Gallery, one of the individuals who served with great distinction in the House of Representatives for a decade and then left his position in the state House before term limits to take on a new challenge as a county executive in Bay County, my very, very good friend--I know a friend to many of you who served with Tom in the state House or know of his work--is our county executive, Tom Hickner. Recently, Tom and his brother Mark donated stem cells at the University of Michigan cancer center. Tom has undergone rigorous chemotherapy treatment, and by all accounts, his treatment was a success. He is also joined by Dr. Ferrara, who is the key doctor who oversaw the medical procedure that Tom underwent--the transplant and the follow-up medical care along with the very dedicated staff of the U of M cancer center. With that, I would like for Tom and the delegation, Brigadier General Richard Demara, who I think is also with him, to rise and be recognized by the State Senate. We thank you for passing the resolution.

 

Senator Toy's statement is as follows:

I would be remiss if I didn't stand up today and recognize the long, wonderful life of Martha Griffiths. When I met her, I was a very young woman, and I remember the first time I was going to run for political office some 24 years ago. Her advice to me was "run, and run hard." Martha was always a very positive inspiration to women who got involved in the political process, at least for this woman, some 30 years ago. She was someone, I think, who was a mentor to a lot of females because there weren't too many of us, as was said earlier, in the political process in those days. She not only was a woman of vision and courage and fortitude, but she was a woman who had experience and a depth of experience and diversion that she could cross party lines and meet people for the issue.

So I just felt that it was so important to recognize Martha today and all the great things she did for our great state.

 

Senator Sanborn's statement is as follows:

I rise also to speak to the unfortunate passing of Martha Griffiths. Some of you may not be aware, but she actually has resided for several years now in my hometown of Armada. We have not seen her out and about as often because of her failing health, and it's very unfortunate.

Now, many of you will say, "Where exactly is Armada, Michigan?" Well, Armada is known really for three very important things: Number 1, we have the Armada Fair; Number 2, it's the home and birthplace of legendary sports broadcaster Dick Enberg; and Number 3, we also say that it is the home of Martha Griffiths, a legend to Michigan. She will be dearly missed by everyone in Armada, indeed, Macomb County, and everyone in Michigan.

 

The President of the Senate made a statement and requested that it be printed in the Journal.

The President's statement is as follows:

I, as Senator Barcia and Senator Cropsey mentioned, did serve with former Lieutenant Governor Martha Griffiths. I had the fortune of serving with her for four years, and that is just a small part of her career.

Martha Griffiths was the type of person who could leave an impression on an institution or with a group of citizens no matter how long she was present. Senator Cropsey was so correct that if you think I over rely on the gavel, it's not anything in comparison to what Lieutenant Governor Martha Griffiths did. Not only did she rely on the gavel, she was ambidextrous with it. I can recall very early in my career when Senator Conroy, a senior Senator from Genessee County, was sitting where Senator Cropsey is, and she would point her gavel at him and say, "Senator, if you don't quiet down, I will talk to your mother!" She had a way of getting people's attention.

Senator Barcia and Senator Cropsey are correct that it didn't matter from what party you came from or what geographical area you came from and no matter how long you had served in this body. She always had an open ear for you and took time to talk to you and acquaint you with this institution and her as a personality.

You also had an ally. I can recall at times having problems with the administration as a Democrat with a Democratic administration. She was a great ally. She would go to bat for members, both Republicans and Democrats, with the administration. I often wondered what happened to that poor bureaucrat who Martha Griffiths approached on our behalf.

She was an outstanding personality. People have talked more eloquently than I about her history and role and the impact that she's made not only on this institution, but also on national politics and state politics. She was a great lady. I cannot imagine what life would be if Burton Leland and she were in the same chamber. It would be an interesting interaction.

Martha Griffiths will not be forgotten. She has made her imprint, and I can only say that I'm humbled and gratified to have been able to serve with her.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

 

 

Senators Allen, Johnson, Stamas, Hammerstrom and Sikkema introduced

Senate Bill No. 397, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72.

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

 

 

Senator Thomas introduced

Senate Bill No. 398, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 401 and 403 (MCL 339.401 to 339.403), section 401 as amended and section 403 as added by 1988 PA 463.

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

 

 

Senator Emerson introduced

Senate Bill No. 399, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

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

 

 

Senator Emerson introduced

Senate Bill No. 400, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 312e, 312h, and 811 (MCL 257.312e, 257.312h, and 257.811), section 312e as amended by 2002 PA 652, section 312h as amended by 1989 PA 299, and section 811 as amended by 2000 PA 456.

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

 

 

Senator Emerson introduced

Senate Bill No. 401, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 451 (MCL 206.451), as amended by 2002 PA 581.

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

 

 

Senator Emerson introduced

Senate Bill No. 402, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 365 (MCL 206.365), as amended by 1996 PA 448.

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

 

 

Senator Emerson introduced

Senate Bill No. 403, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 355 (MCL 206.355), as amended by 1991 PA 82.

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

 

 

Senator Emerson introduced

Senate Bill No. 404, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 351 (MCL 206.351), as amended by 1996 PA 264.

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

Senator Emerson introduced

Senate Bill No. 405, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 315 (MCL 206.315).

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

 

 

Senator Emerson introduced

Senate Bill No. 406, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 26 (MCL 206.26).

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

 

 

Senator Emerson introduced

Senate Bill No. 407, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 22 (MCL 206.22), as amended by 1996 PA 484.

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

 

 

Senator Emerson introduced

Senate Bill No. 408, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.

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

 

 

Senator Emerson introduced

Senate Bill No. 409, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 12 (MCL 206.12), as amended by 1996 PA 484.

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

 

 

Committee Reports

 

 

The Committee on Judiciary reported

House Bill No. 4259, entitled

A bill to amend 1929 PA 152, entitled "An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials," by amending section 3 (MCL 28.283), as amended by 1996 PA 538.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Bernero and Brater

Nays: None

The bill was referred to the Committee of the Whole.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, April 22, 2003, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Bernero and Brater

The Committee on Senior Citizens and Veterans Affairs reported

Senate Concurrent Resolution No. 20.

A concurrent resolution to urge the United States Department of Homeland Security to locate its Midwestern headquarters at the Selfridge Air National Guard Base in Macomb County.

(For text of resolution, see Senate Journal No. 36, p. 421.)

With the recommendation that the concurrent resolution be adopted.

Laura Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Stamas, Gilbert and Olshove

Nays: None

The concurrent resolution was placed on the order of Resolutions.

 

 

The Committee on Senior Citizens and Veterans Affairs reported

Senate Resolution No. 66.

A resolution to urge the United States Department of Homeland Security to locate its Midwestern headquarters at the Selfridge Air National Guard Base in Macomb County.

(For text of resolution, see Senate Journal No. 36, p. 420.)

With the recommendation that the resolution be adopted.

Laura Toy

Chairperson

To Report Out:

Yeas: Senators Toy, Stamas, Gilbert and Olshove

Nays: None

The resolution was placed on the order of Resolutions.

 

 

COMMITTEE ATTENDANCE REPORT

 

The Committee on Senior Citizens and Veterans Affairs submitted the following:

Meeting held on Wednesday, April 23, 2003, at 1:00 p.m., Room 100, Farnum Building

Present: Senators Toy (C), Stamas, Gilbert, Clark-Coleman and Olshove

 

 

The Committee on Finance reported

Senate Resolution No. 65.

A resolution to memorialize the Congress of the United States to enact the Armed Forces Tax Fairness Act of 2003.

(For text of resolution, see Senate Journal No. 36, p. 420.)

With the recommendation that the resolution be adopted.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, McManus, Thomas and Brater

Nays: None

The resolution was placed on the order of Resolutions.

 

 

The Committee on Finance reported

Senate Concurrent Resolution No. 4.

A concurrent resolution to memorialize the Congress of the United States to repeal the federal excise tax on telephone and other communications services.

(For text of resolution, see Senate Journal No. 11, p. 120.)

With the recommendation that the concurrent resolution be adopted.

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, McManus, Thomas and Brater

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

 

The Committee on Finance submitted the following:

Meeting held on Wednesday, April 23, 2003, at 1:05 p.m., Room 110, Farnum Building

Present: Senators Cassis (C), McManus, Thomas and Brater

Excused: Senator Garcia

 

 

COMMITTEE ATTENDANCE REPORT

 

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, April 2, 2003, at 3:00 p.m., Room H-252, Capitol Building

Present: Senator Leland

Excused: Senator Goschka (C)

 

 

COMMITTEE ATTENDANCE REPORT

 

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, April 23, 2003, at 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senator Jelinek (C)

Excused: Senators Cropsey, Brown, Switalski and Scott

 

 

Scheduled Meetings

 

 

Appropriations - Tuesday, April 29, Wednesday, April 30, and Thursday, May 1, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittees -

Community Health Department - Tuesdays, May 6 and May 13, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-7946)

K-12, School Aid, Education - Thursday, May 1, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-6960)

 

Business Competitiveness Joint Select Committee (SCR 3) - Monday, April 28, 2:00 p.m., Macomb Community College, John R. Dimitry Student Community Center, Room 137, 44575 Garfield Road, Clinton Township (373-7670)

 

Commerce and Labor - Tuesday, April 29, 3:00 p.m., Room 100, Farnum Building (373-2413)

 

Finance - Wednesday, April 30, 12:00 noon, Room 110, Farnum Building (373-1758)

 

Judiciary - Tuesday, April 29, 11:00 a.m. or later immediately following session, Room 210, Farnum Building (373-3760)

 

Natural Resources and Environmental Affairs, Natural Resources Department Appropriations Subcommittee, and Environmental Quality Department Appropriations Subcommittee - Thursday, May 8, 11:30 a.m. or later immediately following session, Senate Hearing Room, Ground Floor, Boji Tower (formerly Michigan National Tower) (373-3447)

 

 

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 10:41 a.m.

 

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, April 29, 2003, at 10:00 a.m.

 

CAROL MOREY VIVENTI

Secretary of the Senate