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Journal of the Senate 92Nd Legislature REGULAR SESSION of 2003

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Journal of the Senate 92Nd Legislature REGULAR SESSION of 2003 No. 96 STATE OF MICHIGAN Journal of the Senate 92nd Legislature REGULAR SESSION OF 2003 Senate Chamber, Lansing, Wednesday, November 12, 2003. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn. 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 2030 JOURNAL OF THE SENATE [November 12, 2003] [No. 96 Senator Gerald Van Woerkom of the 34th District offered the following invocation: Our Father in Heaven, we come to You this morning and offer You honor and praise. We pray that what we do here may offer You honor and praise as well. We pray that You will give us wisdom, and give us direction as we set about to do the work of the people of the state of Michigan. Lord, yesterday we were reminded of the proud work that our veterans have done on behalf of all of us in ensuring our safety, our well-being, and our freedom here. We pray that You will continue to bless veterans. We thank You particularly for our active military personnel, and we pray that You will keep them safe, especially being near those who are in the face of danger today. We pray that You will guide and protect them. Lord, we pray all these things in Your holy name. Amen. The Assistant President pro tempore, Senator Sanborn, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Schauer moved that Senators Brater and Clarke be temporarily excused from today’s session. The motion prevailed. 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. 10:10 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Sanborn. During the recess, Senators Birkholz, Bishop, Brown, Cassis, Clarke, Garcia, George, Goschka, Hardiman, Jelinek, Johnson, Kuipers, McManus, Patterson, Sikkema and Toy entered the Senate Chamber. Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following appointment: Michigan Tax Tribunal Ms. Patricia L. Halm of 1749 Maisonette, Lansing, Michigan 48911, county of Ingham, representing the general public, succeeding Robert L. Brackenbury, whose term has expired, for a term commencing September 26, 2003 and expiring June 30, 2007. The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor. The following communication was received and read: Government Operations Committee November 6, 2003 Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Appropriations Committee hold a hearing on the appointment of Curtis Hertel, Sr., Janet Mansfield, and Carol Oakley to the Michigan State Waterways Commission, and make a written recommendation to the Government Operations Committee on these appointments. Sincerely, Senator Ken Sikkema Chairman, Senate Government Operations Committee The communication was referred to the Secretary for record. No. 96] [November 12, 2003] JOURNAL OF THE SENATE 2031 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, November 6: House Bill Nos. 4587 5089 5107 5173 5188 5199 The Secretary announced that the following bills were available at the legislative Web site on Thursday, November 6: Senate Bill Nos. 828 829 830 831 832 833 834 835 836 House Bill Nos. 5251 5252 5253 5254 5255 5256 5257 5258 5259 5260 5261 5262 5263 5264 5265 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 The motion prevailed. Michigan Tax Tribunal Ms. Patricia L. Halm of 1749 Maisonette, Lansing, Michigan 48911, county of Ingham, representing the general public, succeeding Robert L. Brackenbury, whose term has expired, for a term commencing September 26, 2003 and expiring June 30, 2007. Senator Hammerstrom moved that the Senate advise and consent to the appointment. The question being on advising and consenting to the said appointment to office, The Senate advised and consented to the said appointment to office, a majority of the members serving voting therefor, as follows: Roll Call No. 542 Yeas—37 Allen Clarke Jacobs Sanborn Barcia Cropsey Jelinek Schauer Basham Emerson Johnson Scott Bernero Garcia Kuipers Sikkema Birkholz George Leland Stamas Bishop Gilbert McManus Switalski Brown Goschka Olshove Thomas Cassis Hammerstrom Patterson Toy Cherry Hardiman Prusi Van Woerkom Clark-Coleman Nays—0 Excused—1 Brater 2032 JOURNAL OF THE SENATE [November 12, 2003] [No. 96 Not Voting—0 In The Chair: Sanborn Senators Bernero and Cassis asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bernero’s statement is as follows: I just want to stand up and say a couple of words on behalf of Patti Halm. I am sure many of you remember Patti. I worked with Patti when I worked for Senator Berryman, right here on the floor. Patti was, I think, one of the finest staff members we had. She was always prepared and always had the answer. If she didn’t have the answer, she would find it posthaste—just an outstanding individual. I think she will do an outstanding job on the Tax Tribunal, so I am happy to add my words of support, and hope that my colleagues will confirm this. Senator Cassis’ statement is as follows: It is my privilege and pleasure to share with my colleagues in the Senate that last week Patricia Halm, former Democratic policy advisor to the Senate Finance Committee, was unanimously approved for this appointment. Based on her background and experience, Patricia is well-qualified to assume the duties and challenges that go hand in hand with the Michigan Tax Tribunal. I urge her approval this morning. The following messages from the Governor were received and read: November 7, 2003 I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 721 of the Occupational Code, 1980 PA 299, MCL 339.721: State Board of Accountancy Ms. Sally Fedus of 39520 Ann Arbor Trail, Plymouth, Michigan 48170, county of Wayne, succeeding Dr. Samuel P. Graci, whose term has expired, representing the general public, for a term commencing November 7, 2003 and expiring June 30, 2007. Mr. Robert S. Sher of 3208 Bloomfield Shore Drive, West Bloomfield, Michigan 48323, county of Oakland, succeeding Richard F. Fabiano, whose term has expired, representing Certified Public Accountants, for a term commencing November 7, 2003 and expiring June 30, 2007. November 7, 2003 I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 26 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.26: Michigan Aeronautics Commission Mr. Terry J. Everman of 1465 Coutant Street, Flushing, Michigan 48433, county of Genesee, succeeding Frederick Rakunas, whose term has expired, for a term commencing November 7, 2003 and expiring May 27, 2007. Mr. Eric V. Smith of 17433 Rollingwoods Circle, Northville Township, Michigan 48167, county of Wayne, succeeding the late Alice Gustafson, for a term commencing November 7, 2003 and expiring May 27, 2007. November 7, 2003 I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 1 of 1964 PA 233, MCL 390.941: State Higher Education Facilities Commission Mr. Herbert S. Kehrl of 2539 Deborah Drive, Monroe, Michigan 48162, county of Monroe, succeeding Matt Milosch, who has resigned, representing residents of the state, for a term commencing November 7, 2003 and expiring May 22, 2007. Mr. James W. Woolfolk of 3323 Corvair Lane, Saginaw, Michigan 48602, county of Saginaw, succeeding Dr. Marylee Davis, whose term has expired, representing residents of the state, for a term commencing November 7, 2003 and expiring May 22, 2007. No. 96] [November 12, 2003] JOURNAL OF THE SENATE 2033 November 7, 2003 I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 17221 of the Public Health Code, 1978 PA 368, MCL 333.17221: Michigan Board of Nursing Ms. Nina A. Bugbee, R.N., of 7177 Johnson Road, Flushing, Michigan 48433, county of Genesee, succeeding Theresa Niemi, R.N., who has resigned, representing registered professional nurses with a baccalaureate degree engaged in nursing practice or nursing administration, for a term commencing November 7, 2003 and expiring June 30, 2005. Ms. Margherita P. Clark, R.N., M.S.N., of 3637 South Francis Road, St. Johns, Michigan 48879, county of Clinton, succeeding Susan Meeker, R.N., M.S.N., whose term has expired, representing registered professional nurses with a master’s degree from an accredited college with a major in nursing engaged in nursing education in less than a baccalaureate program, for a term commencing November 7, 2003 and expiring June 30, 2007.
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