2004-SJ-03-02-021.htm

No. 21

STATE OF MICHIGAN

Journal of the Senate

92nd Legislature

REGULAR SESSION OF 2004

Senate Chamber, Lansing, Tuesday, March 2, 2004.

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 not 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--excused

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 Samuel Duncan, Jr., of Lansing Church of God in Christ of Lansing offered the following invocation:

Heavenly Father, we come before You this morning to start with a word of thanks and gratitude for the greatest gift that You can bestow upon any man or woman, and that's life itself.

We also ask that You would look upon these men and women who have gathered here on this morning as they have come together in session. We pray that You would lead and guide them through the difficult decisions that they will be faced with concerning finances and other critical decisions facing this state and the citizens thereof. We know that they are facing challenges that they have never seen before, but we know with Your help that if you crown them with wisdom, we will see our way through this. So even now I commend them into Your hand. Amen.

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

Recess

Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:04 a.m.

10:27 a.m.

The Senate was called to order by the President, Lieutenant Governor Cherry.

During the recess, Senators Gilbert, Brown, Patterson, Sanborn, Cassis, McManus, Van Woerkom, Sikkema, Toy, Goschka, Stamas, Johnson, Cropsey, Bishop, Birkholz, George, Jelinek, Allen, Garcia, Hardiman and Kuipers entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

Senator Sikkema's statement is as follows:

Mr. President and members, we are especially honored today to have a delegation of five representatives from Lithuania. They are up in the east Gallery, and they are in the United States participating in something called the Open World Program. That program was designed to bring emerging federal and local foreign political leaders to the United States to meet their American counterparts--and that is us--and to gain firsthand knowledge of how American civil society and the Legislature works.

They are here to experience the American political life, to see democracy in action, and as I mentioned, to watch the Legislature in action as well. The Open World Program was authorized by the U.S. Congress in 1991, and it's the first and only exchange program administered by the legislative branch of the U.S. government. So I am particularly honored to have these guests from Lithuania here, and I would ask them to rise and be recognized by the Michigan Senate.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

February 12, 2004

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:20 p.m. this date, administrative rule (04-02-02) for the Department of Labor and Economic Growth, Director's Office, entitled "Construction Code - Part 8. Electrical Code," effective February 29, 2004.

February 12, 2004

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:24 p.m. this date, administrative rule (04-02-04) for the Department of Labor and Economic Growth, Director's Office, entitled "Construction Code - Part 4. Building Code," effective February 29, 2004.

Sincerely,

Terri Lynn Land

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Office of the Auditor General

February 25, 2004

Enclosed is a copy of the following audit report:

Performance audit of Wayne State University.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Secretary for record.

The Secretary announced that the following official bills were printed on Thursday, February 26, and are available at the legislative Web site:

Senate Bill Nos. 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021

House Bill Nos. 5597 5598

The Secretary announced that the following official bills were printed on Friday, February 27, and are available at the legislative Web site:

Senate Bill Nos. 1022 1023 1024 1025 1026

House Bill Nos. 5599 5600 5601 5602 5603 5604 5605 5606 5607 5608 5609 5610 5611 5612

5613 5614 5615 5616 5617 5618 5619 5620 5621 5622 5623 5624

Messages from the Governor

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

Senate Bill No. 195

Senate Bill No. 364

Senate Bill No. 293

Senate Bill No. 265

Senate Bill No. 288

Senate Bill No. 540

Senate Bill No. 283

Senate Bill No. 464

Senate Bill No. 466

Senate Bill No. 395

Senate Bill No. 474

The motion prevailed.

The following messages from the Governor were received:

Date: February 26, 2004

Time: 9:07 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 334 (Public Act No. 9), being

An act to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 13 (MCL 247.663), as amended by 1999 PA 54.

(Filed with the Secretary of State on February 26, 2004, at 10:55 a.m.)

Date: February 26, 2004

Time: 9:43 a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No. 826 (Public Act No. 14), being

An act to repeal 1903 LA 540, entitled "An act to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties,".

(Filed with the Secretary of State on February 26, 2004, at 11:05 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received and read:

February 27, 2004

Due to a typographical error in the May 20, 2003 letter filed with your office pursuant to 1885 PA 152, MCL 36.2, the following appointment and reappointment should read:

Michigan Veterans' Facilities Board of Managers

Mr. Harvey D. Slotman of 736 Apple Avenue, Holland, Michigan 49423, county of Allegan, succeeding Mr. Leo J. LeRoux, whose term has expired, representing disabled American veterans, for a term commencing May 20, 2003 and expiring February 28, 2009.

Mr. Jasper McCain of 12644 Ilene, Detroit, Michigan 48238, county of Wayne, reappointed to represent the American Veterans of World War II-Korea-Vietnam (AMVETS), for a term expiring February 28, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The message was referred to the Committee on Government Operations.

Messages from the House

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

Senate Bill No. 806

Senate Bill No. 824

The motion prevailed.

Senate Bill No. 506, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511a; and to repeal acts and parts of acts.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 81 Yeas--34

Allen Clark-Coleman Hardiman Patterson

Basham Clarke Jacobs Sanborn

Bernero Cropsey Jelinek Schauer

Birkholz Emerson Johnson Sikkema

Bishop Garcia Kuipers Stamas

Brater George Leland Thomas

Brown Gilbert McManus Toy

Cassis Goschka Olshove Van Woerkom

Cherry Hammerstrom

Nays--3

Barcia Prusi Switalski

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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

The motion prevailed.

Senator Birkholz's statement is as follows:

Senators, you have before you a package of bills dealing with solid waste in Michigan. This package of bills is a package that we have been working on for some months now, and they have been returned from the House with some changes. We will speak to those individually on the bills.

Basically, there are six main things in this package of bills. All are designed to improve Michigan's' current regiment for regulating out-of-state waste in order to protect the public health, safety, and welfare of the citizens of this state. The bills deal with giving the director of the DEQ emergency powers authority in case of a substantial threat to the public health or safety of the people of the state or the environment of the state. They also deal with compiling a list of those states, countries, provinces, and local units of government that prohibit the same items from their landfills as Michigan prohibits, so that we will have that list to work from as we move forward with the bills.

The bills affirmatively state the valid public purpose of recycling of adding new banned items to the current list of landfill bans. The new banned items are beverage containers, which come under our statute as originally passed in the beverage container law, and whole tires. Also it combines the other bans that already exist, medical waste, yard clippings, hazardous waste, asbestos, PCBs, etc. We also have in there language that was added by the House to allow for small incidental amounts of banned items without being fined.

We expanded the solid waste inspection programs. We also added new fines to the system to allow us to have some teeth in the law to prohibit, or at least minimize, the effects of small fines which, apparently in the past, we have heard testimonies that companies have just put that in their yearly budgets in order to continue doing what they were doing. We also provide for a moratorium on the issuance of any new landfill construction permits in the future for two years and allow for a system which will require the DEQ and the waste haulers to provide notification of banned items, as well as disposal options.

So with that, I urge the Senate's adoption of the package of bills as we move forward on the various pieces, and you will hear more details with each bill.

Senator Brater's statement is as follows:

I would like to say that I am very proud to have worked with the chair of the natural resources committee to arrive at a bipartisan, bicameral package to address the issue of solid waste in the state of Michigan. Our citizens and our constituents have made it very clear that they want us to take strong action to reduce the flow of waste flowing across our borders. I think this package that we are about to vote on today is a very good start.

Regulating what goes into our landfills is reducing the number of items permitted to be in landfills in Michigan is a very good technique that is permissible within the confines of Supreme Court decisions to give us something that we can do to control what is going into our landfills, including better enforcement of exclusion of items that are currently banned and increasing the list of items that are banned. So it's a very good approach, and I am very proud to have been a part of this deliberation reaching this agreement.

The other key strategy in the package is the bill that is before us now--the idea of reducing landfill capacity in Michigan. The fact that we have so much capacity is one of the major reasons that we have become an attraction of all the waste from all the other jurisdictions. So finding a way to reduce that capacity and tailor it to the amount needed for the needs of Michigan residents is a very key part of this approach. I think that this is a very important step forward that we are taking today, so I am joining with the good chair of natural resources and the previous speaker to urge support of this bill and the rest of the bills in the package.

Senator Switalski's statement is as follows:

This is by and large a good package of bills, but I take exception to this particular bill. This bill would limit the supply of landfill space which, I believe, is bad economics. We shouldn't raise the cost to locals, who have suffered revenue sharing cuts, in order to make it more expensive for the Canadians to landfill here. We will be penalizing ourselves if we do that.

Senate Bill No. 557, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11507a (MCL 324.11507a), as amended by 2003 PA 153.

(For text of amendment, see Senate Journal No. 97 of 2003, p. 2065.)

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 82 Yeas--37

Allen Clark-Coleman Hardiman Prusi

Barcia Clarke Jacobs Sanborn

Basham Cropsey Jelinek Schauer

Bernero Emerson Johnson Sikkema

Birkholz Garcia Kuipers Stamas

Bishop George Leland Switalski

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 502, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526b.

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 83 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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

The motion prevailed.

Senator Cassis' statement is as follows:

As we are all very familiar, the Governor in her State of the State address highlighted and supported this bill, requiring that Michigan notify all governments that landfills in our state will not accept trash for disposal from places that do not have laws as protective as ours. In others words, places that do not ban what Michigan bans. We strongly believe that these bills, as a whole package, have a compelling state interest to protect and ensure the healthy welfare of all our residents.

I urge concurrence on this bill.

Senate Bill No. 57, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526c.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 84 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 497, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11502 (MCL 324.11502), as amended by 1996 PA 359.

(For text of amendments, see Senate Journal No. 12, p. 152.)

The question being on concurring in the amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 85 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 498, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11514 and 11521 (MCL 324.11514 and 324.11521).

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

Senator Birkholz offered the following substitute to the House substitute:

Substitute (S-10).

The substitute to the substitute was adopted.

The question being on concurring in the House substitute, as substituted,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 86 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 as amended.

Senate Bill No. 499, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526).

(For text of amendment, see Senate Journal No. 12, p. 153.)

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 87 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 500, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11546 and 11549 (MCL 324.11546 and 324.11549).

Substitute (H-3).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 88 Yeas--37

Cherry

Nays--0

Excused--1

Scott

Not Voting--0

In The Chair: President

Senator Hammerstrom moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 715, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11533 and 11538 (MCL 324.11533 and 324.11538).

(For text of amendment, see Senate Journal No. 12, p. 153.)

The question being on concurring in the amendment made to the bill by the House,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 89 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 George 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:

House Bill No. 5234, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526a.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11527a.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 6, by striking out of all of subdivision (a) and inserting:

"(a) Senate Bill No. 497.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 5234

House Bill No. 5235

The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time:

House Bill No. 5234, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526a.

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. 90 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11527a.

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. 91 Yeas--37

Cherry

Nays--0

Excused--1

Scott

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:

The Senate agreed to the full title.

Resolutions

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

Senate Resolution No. 175

Senate Resolution No. 139

The motion prevailed.

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

Senate Resolution No. 221

The resolution consent calendar was adopted.

Senator Leland offered the following resolution:

Senate Resolution No. 221.

A resolution recognizing the week of March 7-13, 2004, as School Social Worker Week and honoring the Michigan Association of School Social Workers.

Whereas, The Michigan Association of School Social Workers is a professional organization serving more than 500 members; and

Whereas, School social workers serve as vital members of a school's educational team, playing a central role in creating partnerships among home, school, and community to ensure student academic success; and

Whereas, School social workers specialize in providing services to students who are often facing enormous challenges, such as poverty, discrimination, abuse, addiction, bullying, divorce of parents, loss of a loved one, and learning disorders; and

Whereas, There is a growing need for school districts to provide the services offered by school social workers to students to address problems such as school violence. In addition, there is also a need to work with families, teachers, principals, community agencies, and others to address emotional, physical, and environmental needs so that a student may achieve behavioral and academic success; and

Whereas, Fewer than 1 in 5 of the 17.5 million children in need of mental health services actually receive them, and the President's New Freedom Commission on Mental Health indicates that school mental health programs improve educational outcomes; and

Whereas, School social workers are uniquely trained to provide specialized services that include clinical skills and understanding of psychopathology, such as depression, autism, and eating disorders, as well as development of behavior intervention plans and crisis intervention in cases of suicide, school violence, and other traumatic events; now, therefore, be it

Resolved by the Senate, That we hereby recognize March 7-13, 2004, as School Social Work Week; and be it further

Resolved, That we honor the Michigan Association of School Social Workers and commend the organization for the valuable role it plays in providing for the mental, physical, and emotional well-being of the young people of the great state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Social Workers as a symbol of our esteem.

Senators Barcia, Basham, Bernero, Birkholz, Brater, Cassis, Cherry, Clarke, Garcia, George, Goschka, Jacobs, Olshove, Schauer, Switalski, Thomas, Toy and Van Woerkom were named co-sponsors of the resolution.

Senators Allen and Sanborn offered the following concurrent resolution:

Senate Concurrent Resolution No. 39.

A concurrent resolution to urge the United States Department of Energy to develop the Rare Isotope Accelerator at Michigan State University.

Whereas, Basic scientific research provides a foundation of knowledge that makes possible advances in virtually all fields. Gaining new understanding of elements can lead to discoveries that can impact multiple aspects of life--from medicine to national security. In an effort to spur our country to new achievements in nuclear science, the federal government is committed to developing the Rare Isotope Accelerator (RIA). This major project has significant implications for our nation, our state, and our world; and

Whereas, Michigan's achievements in scientific research are well-established. Our universities have spearheaded several breakthroughs that reap benefits for the world today. The establishment and success of the Life Sciences Corridor is an example of the commitment our state has made to advancing the frontiers of knowledge; and

Whereas, The Rare Isotope Accelerator will be dedicated to producing and exploring isotopes that cannot be found in nature today. The research will be a natural extension of the activities currently conducted at the National Superconducting Cyclotron Laboratory (NSCL) at Michigan State University. This highly regarded facility has demonstrated its value to the country with a proven record of accomplishment and cost effectiveness. While the new accelerator will be many times more powerful, the existing resources, infrastructure, and personnel at Michigan State University have made the National Superconducting Cyclotron Laboratory the leading rare isotope research facility in the country; and

Whereas, The Department of Energy listed the Rare Isotope Accelerator project as tied for third in its list of priority projects over the next twenty years. The RIA must now pass through several stages before being officially funded; and

Whereas, Locating the Rare Isotope Accelerator at Michigan State University is a logical extension of the commitment the nation has already made and the work that is already conducted at NSCL. The university has developed ambitious plans for this next generation of isotope research. Renewing the country's wise investment by locating the new Rare Isotope Accelerator at Michigan State University is a decision that is in the country's best interest for many reasons; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Department of Energy to develop the Rare Isotope Accelerator at Michigan State University; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Energy 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 Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

Senators Barcia, Birkholz, Bishop, Cassis, Cropsey, Garcia, George, Goschka, Jacobs, Olshove, Schauer, Switalski, Toy and Van Woerkom were named co-sponsors of the concurrent resolution.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Kuiper's statement is as follows:

As we know all too well, Michigan manufacturers are struggling because of the recent economic downturns, as well as aggressive and sometimes unfair global competition. Those of us in this chamber have worked hard this session and last session to give Michigan employers a business climate that keeps them internationally competitive in today's marketplace, just as President Bush has done on the federal level. We've cut taxes and kept them low and ensured that burdensome regulations don't push jobs overseas. One such initiative President Bush has pitched for aiding manufacturers on the national level is creating a manufacturing czar. This person would work to keep American manufacturing vibrant. His plan has gained support from Republicans and Democrats alike, including our own Governor. I certainly understand why the Governor supports--and has supported for months--having someone in the national government who focuses exclusively on ensuring the various federal bureaucracies don't burden manufacturing job creation and retention. What I don't understand is why she doesn't support the same thing here at home.

Earlier this year, Governor Granholm vetoed House Bill No. 5306, which would have created a manufacturing czar position here in Michigan. That person would have--just like their federal counterpart--worked to keep state bureaucracies working together to ensure that heavy-handed or unnecessary bureaucracies and rules didn't jeopardize Michigan jobs. She also vetoed Senate Bill No. 840, which would have created a czar to deal with small-business issues.

I know the political season is here, but Michigan workers need more than political slogans and opportunistic criticisms of our President Bush. They need to be sure the state's bureaucracies remain focused on keeping their jobs here and on attracting new employers. Michigan needs such a czar position to ensure the regulatory and economic development arms of the state are doing what they can to get Michigan working. The Governor's statement of support on the value of a manufacturing czar makes little sense when her actions say something much different.

I hope that as we in the Legislature work on the next part of the jobs plan put forward by myself and my Republican colleagues that the Governor shows much more consistency and leadership than she's demonstrated on this issue that is so important to our state's well-being.

Senate Bill No. 841 is in the House, and I hope that when that bill gets to the Governor's desk, she will sign it. What is good for our manufacturers nationally is good for our manufacturers here in Michigan.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Switalski introduced

Senate Bill No. 1027, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 104a (MCL 388.1704a), as amended by 2003 PA 158.

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

Senator Switalski introduced

Senate Bill No. 1028, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 175.

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

Senator Kuipers introduced

Senate Bill No. 1029, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464, and by adding section 8a.

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

Senators Jacobs, Goschka, Basham, Thomas, Switalski, Clark-Coleman, Olshove, Cherry and Prusi introduced

Senate Bill No. 1030, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 2002 PA 715.

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

Senators Birkholz, Goschka, Patterson, Barcia, McManus, Bishop, George, Allen, Toy and Hardiman introduced

Senate Bill No. 1031, entitled

A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators Garcia, George, Bishop, Allen, Cherry, Olshove, Goschka, Kuipers, Toy, Schauer and McManus introduced

Senate Bill No. 1032, entitled

A bill to amend 1994 PA 55, entitled "Confidential research information act," by amending the title and sections 1 and 2 (MCL 390.1551 and 390.1552) and by adding section 4a.

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

Senator Barcia introduced

Senate Bill No. 1033, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.