2005-SJ-10-06-088.htm

No. 88

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Thursday, October 6, 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--present George--present Prusi--present

Bernero--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs --present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present

Reverend Wayne Parker of Merriman Road Baptist Church of Garden City offered the following invocation:

Heavenly Father, we come this morning to seek Your blessings to thank You for the many beautiful gifts that You've given to us for this wonderful state and the people of Michigan. Lord, we come this morning seeking Your wisdom for these who serve to give leadership, protection, and justice to its citizens. We ask that You grant them understanding as they address the many and complex decisions of this day.

Lord, we also ask that You would bring Your comforting presence near to each of the 19 families in our state who are grieving for the loss of loved ones. Lord, we know that You are the God of all comfort and we ask that You would bring that comfort near to them.

Help us to see, Lord, each day as a gift from You so that we live to bring honor and glory to You in all things, as we pray. Amen.

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

Motions and Communications

Senators Leland, Bishop and Cassis entered the Senate Chamber.

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No.246

Senate Bill No.318

The motion prevailed.

Senator Hammerstrom moved that Senators Johnson and Goschka be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

Senators Johnson, Emerson and Goschka entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 5:

House Bill Nos. 4369 4577 4849 4850 4920 4962 5100 5148 5149 5200

The Secretary announced that the following official bills were printed on Wednesday, October 5, and are available at the legislative website:

Senate Bill Nos. 789 790 798

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

The motion prevailed.

Senator Schauer's statement is as follows:

I would ask that I have your attention just for a moment to recognize another valued member of the Senate staff who has decided to move on to bigger and better things. I hope you all remember Keith Johnson. Keith used to hang out hereby my desk, and before that, by the desk of Democratic Floor Leader Bob Emerson; before that, at the desk of Democratic Floor Leader Virgil Smith; before that, nearly eight years ago, he started as an intern with Senator Chris Dingell.

Keith Johnson has left our office and has been accepted as a fellow in the Eli Broad School of Management as a full-time student in the Master of Business Administration program at Michigan State University. We were hoping that he might be able to continue with us on a part-time basis, but I think we both learned quickly that he's got his hands more than full pursuing his dream. We're very proud of Keith and very thankful. I know you've enjoyed working with him as well. He's been a real asset to this process here on the Senate floor and to all of our constituents.

Keith is the kind of guy who we all will look to as doing great things, and maybe we'll be working for him someday. Please join me in congratulating and thanking Keith. I'll ask Senator Emerson to join me as someone who I was fortunate enough to inherit Keith from. We have a state seal signed by all of you here as a special tribute as our thanks to Keith Johnson. Keith, thank you.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No.444

House Bill No.4938

Senate Bill No.657

Senate Bill No.668

Senate Bill No.669

House Bill No.4852

House Bill No.4857

House Bill No.5094

House Bill No.4858

The motion prevailed.

The following bill was read a third time:

Senate Bill No.444, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 216a (MCL 750.216a), as added by 1985 PA 78, and by adding section 216b.

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.452 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.4938, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," (MCL 52.201 to 52.216) by adding section 9.

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.453 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.657, entitled

A bill to amend 1913 PA 275, entitled "An act to authorize the boards of supervisors of counties to create a board of county auditors, appoint such officers, and prescribe their powers, duties and compensation," by amending section 4a (MCL 47.4a); and to repeal acts and parts of acts.

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.454 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

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.668, entitled

A bill to amend 1998 PA 381, entitled "Michigan agricultural processing act," by amending section 3 (MCL 289.823).

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.455 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Garcia and Bernero asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Garcia's statement is as follows:

A few moments ago, we heard a nice tribute paid to a staffer from the other side of the aisle. Well, unfortunately, today I also have a very key staffer who is leaving, and I'm going to ask Karen Heath if she'd come and join me back here. Karen has been with me for four years, and the interesting thing about Karen is that I'd never know for sure when I walk into the office what she's going to look like. Whether it's different hair color or a different hair style, I always wondered who the new gal in the office was.

She's been a loyal staff member--a valued person on my staff--and if I could just for a moment take the liberty to read a little tribute that I wrote for her just to show how much we appreciate her. And if I could, just allow me to gather my composure.

"We are gathered here today to pass legislation of special significance which we sincerely hope will significantly improve the lives of all the citizens of the state of Michigan. However, we must pause for a moment to render a special tribute to one of our own. As we all know, without our staff we could not do half the things we need to do, let alone half the things we want to do. And while those of us elected by the people realize our chief of staff may be our right arm, there has to be a left arm as well. In my office, that person is Karen Heath, formerly known as Karen Szcepanski.

I would like to borrow from an old popular country song, 'Once in every life someone comes along,' someone who thinks like I do, someone who acts like I do. Well, fortunately, we have been spared that ordeal. Instead we are about to pay tribute to someone with an incredible amount of talent, dedication, and professionalism.

Karen joined my staff just four and a half months after I took office. I admit her resume looked great and her interview was impressive, but there was this one potential flaw in her overall picture. She had been a Spartan cheerleader. Having grown up a staunch Wolverine fan, I was concerned about the office dynamics. However, it soon dawned on me that she had served as this spirited leader to a team who was often in the depths of the valley out of the sun's bright light. I realized that only a person of extraordinary character could be such a source of encouragement during those trying years. I decided to hire her on the spot!

Karen has been my scheduler, my communications director and my special projects coordinator and has done an outstanding job. As I traveled throughout the district, my constituents would often thank me for the updates they received. As for special projects, we should all be grateful when we can turn a task over to someone and have complete faith that it will be done in the most professional manner possible. From rendering special honors to Korean War veterans, and helping senior citizens obtain all kinds of assistance, I could always count on her to get all the details just right. But all of you have seen her special handiwork in the Hispanic Heritage Month Celebration we hold each year. You have enjoyed the special cuisine and cultural music of the Hispanic community brought to you by this tiny Jewish lady. You can almost taste the irony. However, you have seen her talents in a more unique and touching manner. For it is she who is responsible for orchestrating the annual Memorial Day service held in these chambers. I am sure many of you have had your hearts stirred as we paid tribute to our fallen, fellow Michiganders. She did all this for all these years, but one year in particular she did it despite the fact her fiancé was deployed to Kuwait during the war. She obviously knows the true meaning of service.

So as this is her last day, not on this earth, but rather in these chambers, I ask you to join me in thanking this talented dynamo for all she has done to make the lives of our fellow citizens that much better. And while we know the size of her shoes are not that big, we do know that the footprints she leaves behind will be awfully hard to match. Please join me in wishing her a fond farewell, bon voyage, a river dare she (whatever that means), adieu, and adios. May her journey in life continue to be pleasant and may she be successful in all her endeavors. Godspeed, Karen."

Senator Bernero's statement is as follows:

I rise to greet a very special visitor in the north Gallery this morning. With us is Michigan's Teacher of the Year, who happens to be one of my constituents, Dan Schab from Williamston and Williamston High School. If he would stand so we could recognize him, Mr.President, I'd like to just say a little bit about this award.

Dan Schab is a mathematics teacher at Williamston High School, and he exemplifies what we hope all teachers will strive for. He served as an Einstein Fellow in Washington, D.C., in the 2003-2004 school year. He is a 24-year veteran educator. Dan believes that all students need to learn mathematics and all students can learn mathematics. He is a strong advocate of community service. He currently serves on the Ingham County Math Advisory Team, whose goal is to improve K-12 mathematics education for all students in the county. While living in Washington, D.C., he worked with low-income children at a local community center, volunteered to run math and science activities for visitors to the children's museum, and volunteered at the regional Science Bowl competition.

A former state high school boys golf coach of the year, Schab has been actively involved in youth sports for many yearsin the Lansing area. He holds a Master of Art degree in K-12 educational administration from Michigan State Universityand a Bachelor of Science degree in mathematics from Grand Valley State University. He began his career as a high school mathematics teacher at Lansing Catholic Central and has taught at Williamston High School for the past eleven years.

Mr.President, with the importance of education in this global economy today, particularly in the fields of math and science, I am especially proud to welcome Dan Schab to the Senate and to congratulate him on being Michigan's Teacher of the Year.

The following bill was read a third time:

Senate Bill No.669, entitled

A bill to amend 1998 PA 381, entitled "Michigan agricultural processing act," by amending section 4 (MCL 289.824).

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.456 Yeas--36

Allen Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cherry Hammerstrom Patterson Toy

Clark-Coleman Hardiman Prusi Van Woerkom

Nays--0

Excused--0

Not Voting--2

Barcia Cassis

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.4852, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending the title and sections 1a, 2d, 3, 4, 5, 6, 7, 7a, 7b, 7c, 7d, 11, and 12 (MCL 480.11a, 480.12d, 480.13, 480.14, 480.15, 480.16, 480.17, 480.17a, 480.17b, 480.17c, 480.17d, 480.21, and 480.22), the title and sections 1a, 2d, 3, 4, and 6 as amended and sections 7d and 12 as added by 1995 PA 265, section 5 as added by 1998 PA 337, sections 7, 7b, and 11 as amended by 2000 PA 98, section 7a as added by 1988 PA 359, and section 7c as amended by 2004 PA 168, and by adding sections 4a, 13, 14, and 15; and to repeal acts and parts of acts.

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.457 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to promote safety upon the public highways by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

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

The motion prevailed.

Senator Birkholz's statement is as follows:

I have some guests here joining me--legislators from our neighboring states--and they are in the north Gallery: Senator Robert Jackman from the state of Indiana; Representative Charlie Schlottach from the state of Missouri; Dr.Marvin Scott from Butler University; and Laura Kwieler and Victoria Curtis, both of whom are representing the Midwest Interstate Passenger Rail Commission. They are visiting with legislators in the state today to talk to us about the Midwest Interstate Passenger Rail Commission and to try to get the state of Michigan to join together with the rest of the Midwest so we can work together on passenger rail issues and have more clout with our congressional delegation. I would ask that you would welcome them to the state today and to the Senate.

The following bill was read a third time:

House Bill No.4857, entitled

A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 31 (MCL 474.131), as amended by 2001 PA 129.

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.458 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to regulate persons who transport passengers by motor bus; to prescribe powers and duties for the state transportation department; to impose certain fees; and to impose penalties,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5094, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5522 (MCL 324.5522), as amended by 2001 PA 49.

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.459 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.4858, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 683, 723, 724, and 819a (MCL 257.683, 257.723, 257.724, and 257.819a), section 683 as amended by 2000 PA 97, section 723 as amended and section 819a as added by 2003 PA 152, and section 724 as amended by 2004 PA 420, and by adding section 312g; and to repeal acts and parts of acts.

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.460 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

Senator Garcia offered to amend the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 683, 723, 724, 806, and 819a (MCL 257.683, 257.723, 257.724, 257.806, and 257.819a), section 683 as amended by 2000 PA 97, sections 723 and 806 as amended and section 819a as added by 2003 PA 152, and section 724 as amended by 2004 PA 420, and by adding section 312g; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Stamas as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No.457, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in Ionia county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.

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

Resolutions

Senator Hammerstrom moved that consideration of the following concurrent resolution be postponed for today:

Senate Concurrent Resolution No.28

The motion prevailed.

Senate Concurrent Resolution No.33.

A concurrent resolution to urge the Michigan Supreme Court to issue a temporary restraining order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has ruled on the constitutionality of this issue.

The question being on the adoption of the concurrent resolution,

Senator Cropsey offered the following substitute:

A concurrent resolution to urge the Michigan Supreme Court to take whatever steps are necessary to maintain the status quo, with regard to same-sex benefits, that was in place prior to the September 28, 2005, 30th Circuit Court ruling in order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has reached a final adjudication.

Whereas, Michigan voters overwhelmingly amended their constitution in November 2004, adding Article I, Section 25, expressing a clear intent that marriage be limited to heterosexual couples and that the "benefits of marriage" be secured for "our society and for future generations"; and

Whereas, Attorney General Cox ruled as early as March 16, 2005, that governmental entities may not offer benefits to same-gender partners, as such a practice is disallowed under Article I, Section 25 of the Michigan Constitution; and

Whereas, Governor Granholm has authorized negotiations with state employees to offer benefits to same-gender people in unions mimicking marriage; and

Whereas, Suit was brought in the 30th Circuit Court asking that the court uphold the ability of governmental entities to offer benefits to homosexual couples in unions that mimic marriage despite the constitutional language; and

Whereas, On September 28, 2005, the 30th Circuit Court ruled, in the case National Pride At Work, et al, v. Jennifer Granholm and Michael A. Cox, that governmental entities could offer benefits to homosexual couples in unions that mimic marriage; and

Whereas, The governor has stated publicly that she intends to implement "quickly" such benefits for state employees in such unions; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Michigan Supreme Court to take whatever steps are necessary to maintain the status quo, with regard to same-sex benefits, that was in place prior to the September 28, 2005, 30th Circuit Court ruling in order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has reached a final adjudication; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Supreme Court.

The substitute was adopted.

The question being on the adoption of the concurrent resolution, as substituted,

Senator Cropsey requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The concurrent resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No.461 Yeas--22

Allen Cropsey Jelinek Sanborn

Barcia Garcia Kuipers Sikkema

Birkholz George McManus Stamas

Bishop Gilbert Olshove Toy

Brown Goschka Patterson Van Woerkom

Cassis Hardiman

Nays--16

Basham Clark-Coleman Jacobs Schauer

Bernero Clarke Johnson Scott

Brater Emerson Leland Switalski

Cherry Hammerstrom Prusi Thomas

Excused--0

Not Voting--0

In The Chair: President

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

Senator Cropsey asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Cropsey's first statement is as follows:

What this resolution does--this just asks the Supreme Court to hear the domestic-partner benefits case as quickly as possible or, in the alternative, have the Court of Appeals hear it as soon as possible. It also takes no position one way or another. It just asks that the status quo be maintained as of the time of Judge Draganchuk's decision until it's finally adjudicated in the court.

Senator Cropsey's second statement is as follows:

First of all, I think it's important to realize that there has been an Attorney General opinion that was issued by the Attorney General, in which the Attorney General said certain special benefits could not be given because it's violative of the new amendment to the Michigan Constitution that the people of the state of Michigan voted on in the last election. That was taken in the court. The court in which it was heard, which was the circuit court, said that they believe the Attorney General's interpretation was wrong and gave a different interpretation to the Constitution.

The Governor of this great state then said that she was going to try to implement as quickly as possible same-sex benefits into the state employee contracts. In spite of the fact that this Governor had been a previous Attorney General, she wanted to do this as quickly as possible instead of having the court rule on the issue and come up with a final adjudication to determine whether or not same-sex benefits are constitutional under our Constitution.

Now, the right thing to do would be to have the Governor of this state say we are going to hold off until the court gives a final determination. That is the right thing to do; however, this Governor seems to be determined, from everything I've read over the weekend, that she wants to implement this as quickly as possible. The status quo should be maintained until the court has the final say. It's the Governor putting us into this position.

We cannot tell the judiciary what to do and this resolution does not tell the judiciary what to do. What it does is makes a request that could you expedite the hearing so that we could have this issue settled as soon as possible and could you issue orders to keep the status quo as of the day of Judge Draganchuk's decision. That's all we're asking for.

It doesn't seem right to me to have this issue, being so controversial on both sides, but yet, having the Governor try to implement this without having a final decision by the court. I don't know anybody who doesn't believe that this state Supreme Court won't eventually hear this case and decide it. And if we're really concerned about not disrupting people's lives, we ought to keep the status quo until the court makes a decision. That's all this resolution does.

Senate Resolution No.68.

A resolution to urge the Michigan Supreme Court to issue a temporary restraining order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has ruled on the constitutionality of this issue.

The question being on the adoption of the resolution,

Senator Cropsey offered the following substitute:

A resolution to urge the Michigan Supreme Court to take whatever steps are necessary to maintain the status quo, with regard to same-sex benefits, that was in place prior to the September 28, 2005, 30th Circuit Court ruling in order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has reached a final adjudication.

Whereas, Governor Granholm has authorized negotiations with state employees to offer benefits to same-gender people in unions mimicking marriage; and

Whereas, The governor has stated publicly that she intends to implement "quickly" such benefits for state employees in such unions; now, therefore, be it

Resolved by the Senate, That we urge the Michigan Supreme Court to take whatever steps are necessary to maintain the status quo, with regard to same-sex benefits, that was in place prior to the September 28, 2005, 30th Circuit Court ruling in order to prevent the spending of taxpayer monies to fund benefits for homosexual unions until the court has reached a final adjudication; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Supreme Court.

The substitute was adopted.

The resolution, as substituted, was adopted.

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

Protest

Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Concurrent Resolution No.33 and Senate Resolution No.68 and moved that the statement she made during the discussion of the substitute offered to Senate Concurrent Resolution No.33 be printed as her reasons for voting "no."

The motion prevailed.

Senator Jacobs' statement is as follows:

I rise to share my many concerns with the Senate concerning this resolution. From time to time, this body does weigh in on issues of importance to other units of government. However, when we weigh in on a pending, contested issue that is in the courts, we should only do so with the greatest hesitation. Let's be clear about what we are asking the Court to do. We are asking the Supreme Court to respond to a request by the Senate on a case that is not even before the Court at this time. I remind the body that even as of this morning, no papers have been filed with the Supreme Court concerning this matter. Is this what we want from a Supreme Court--for it to be responsive to the call of the Legislature?

You know, I have recently listened to President Bush praise his Supreme Court nominee as someone who knows the proper role of the judiciary in our system of government. The question we are addressing today is the proper role of the Legislature. Will we rise to support a free and independent judiciary on that today? Is the principle of the separation of powers in this state inspired by our Founding Fathers less important than this issue?

Interestingly enough, if we look at the very language that was used in the literature to educate--and I use that term loosely--the voters about the merits of Proposal 2, and I quote, "Proposal 2 is only about marriage. Marriage is a union between husband and wife. Proposal 2 will keep it that way. This is not about rights or benefits or how people choose to live their lives." Well, clearly it is about these rights and benefits, but the very fact that we are having this debate today is an indication of how far gay rights have advanced over the past ten years. Ten years ago, to think that any elected official would stand up for gay rights in the Michigan Legislature--well that would be a stretch. It was too controversial, too risky, too unpopular. In some ways, that hasn't changed, but in other ways, it has changed a lot.

We've all been taught that in America, God bless her, anyone can become President. For gays, however, that aspiration is usually separated from them before they reach voting age. Homophobia is a tool of division. It's the last bastion of popular discrimination, sometimes justified by religious scripture that exploits the worst aspects of human nature in order to sometimes feed a political agenda. No one needs to explain to me how sometimes religion has been used to justify discrimination.

There are gay people on both sides of the aisle, and most of their closets run deep. Although undocumented, it's likely that gays have quietly existed in elected office and on staff since Michigan's first legislative session in 1835 and the same goes for the state civil service. Yet, legislation to prohibit discrimination against homosexuals has received little support, even by this Legislature, and I think this is what is happening today.

It can be argued that there are people in our state who work hard and who pay taxes who do not have proper representation here in Michigan. We are here to represent all people, the whole fabric, the whole tapestry of what makes Michigan what it is. We should be celebrating this great state's diversity, not discriminating against certain people because they are different from what is perceived as the majority. But that is changing, and this vote today won't change what is happening across the nation.

There was just a recent national survey of college freshmen that found that 57 percent favor full-fledged same-sex marriage. Even as adult activists bicker in court, young Americans, including young conservatives, are becoming thoroughly, even nonchalantly, gay positive. Today, we take a step backward, but as I said, we have come a long way in ten years. The continued evolution of gay rights in our society has inevitable momentum. I have confidence that ten years from now, we will have a majority of elected officials in this body who can stand up and do the right thing and say, "Look at me. I'm an elected official and I can stand up here and serve my constituents whether they are gay or straight, and it doesn't matter whether I am straight or gay."

Senators Gilbert and Bishop offered the following resolution:

Senate Resolution No.69.

A resolution to urge the Federal Emergency Management Agency to reject proposed revisions to floodplain elevation thresholds in St. Clair County.

Whereas, Under the National Flood Insurance Program, property that is located within floodplains is required to be covered with flood insurance that the owner must purchase. Floodplains are determined by land elevation levels, which are identified as Base Flood Elevations; and

Whereas, Officials of the Federal Emergency Management Agency (FEMA) have issued documents that indicate that the Base Flood Elevations will be raised in parts of St. Clair County. The impact of this adjustment in elevation threshold would be to place a significant number of residences and businesses within mandatory flood insurance areas; and

Whereas, The costs of flood insurance for buildings that fall within the redrawn floodplains will be a significant added expense for the property owners affected. These property owners bought their homes and places of business with the assurance that they were not within the floodplain, and now, with this adjustment in elevation, they will be incurring major costs for insurance they will no more likely ever need. The fact that water levels throughout the entire Great Lakes Basin are at near-record low levels compounds the inappropriateness of the elevation threshold change; and

Whereas, According to a 2002 study by the Upper Great Lakes Plan of Study Team, a task force appointed by the International Joint Commission, there are growing concerns about climate change and the impact it may have on the water levels of the Great Lakes. Results from some global modeling studies show a decrease of water supplies across the Great Lakes, which would result in even lower water levels and decreased outflows; and

Whereas, For those who would now have to purchase federal flood insurance--at several hundred dollars a year--the raising of the floodplain threshold amounts to a penalty that would be felt far into the future, especially as the market value of impacted properties suffers needlessly; now, therefore, be it

Resolved by the Senate, That we urge the Federal Emergency Management Agency to reject the proposed revisions to floodplain elevation thresholds in St. Clair County; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Emergency Management Agency.

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 Banking and Financial Institutions.

The motion prevailed.

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

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

Senate Resolution No.70.

A resolution to memorialize the Congress of the United States to refrain from paying for hurricane relief by cutting benefits to U.S. military service personnel and rather consider reinstating the estate tax.

Whereas, The human and economic costs associated with the damage caused by Hurricane Katrina and Hurricane Rita transcend mortal comprehension. A swift and effective response to this tragedy is essential; and

Whereas, The cost of this response is a true moral obligation, one reflective of our shared spirit of national sacrifice. Instead, some in the United States Congress have proposed cutting back on military quality-of-life programs, including health care. This proposal, called "Operation Offset," proposes funding cuts that include $2.4 billion in reduced military health benefits, consolidation of the three military exchange systems, and the closure of the military's stateside school system. Clearly, our country has a moral and ethical commitment to provide for the health care and educational needs of those prepared to make the ultimate sacrifice in defense of our country, American servicepersons and their families; and

Whereas, A more economically sound and socially just option would entail the reinstatement of the estate tax. Legislation enacted in 2001 gradually phases out the estate tax by the year 2010. A 2011 sunset provision, however, restores the tax. Efforts are underway to eliminate this sunset. These efforts would cost our nation over a trillion dollars in the ensuing years, adding to the national debt and further mortgaging our children's future, just to help a mere handful of our country's richest families avoid paying their fair share of taxes. Moreover, state estate tax impositions are generally tied to the federal rate, further compounding the revenue loss. This money would be far better used in hurricane relief efforts; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to refrain from paying for hurricane relief by cutting benefits to U.S. military service personnel and rather consider reinstating the estate tax; 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 Finance.

The motion prevailed.

Senator Jacobs was named co-sponsor of the resolution.

Introduction and Referral of Bills

Senators Brater, Basham and Birkholz introduced

Senate Bill No.799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5301 (MCL 324.5301), as amended by 2002 PA 397.

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

Senators Basham, Brater and Birkholz introduced

Senate Bill No.800, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," (MCL 141.1051 to 141.1076) by adding section 16d.

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

Senator Barcia introduced

Senate Bill No.801, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 99c.

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

Senators Allen, Barcia, Birkholz, McManus, Hardiman and Goschka introduced

Senate Bill No.802, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), as amended by 2004 PA 398.

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

Senators Allen, Barcia, Birkholz and Goschka introduced

Senate Bill No.803, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 8 (MCL 211.8), as amended by 2002 PA 620.

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

Senators Barcia, Schauer, Cherry, Hardiman and Goschka introduced

Senate Bill No.804, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," (MCL 32.271 to 32.274) by amending the title and by adding section 3b.

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

House Bill No.4369, entitled

A bill to provide for the establishment of commercial rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local governmental officials; and to provide penalties.