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2003 Senate Bill 195
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- Introduced by Sen. Laura Toy (R) on February 18, 2003, to require that the Detroit water and sewer system be governed by a regional assembly, with membership consisting of representatives from the communities using the system, and each community’s voting power determined by how much water/sewer service they use.
- Referred to the Senate Local, Urban, & State Affairs Committee on February 18, 2003.
- Reported in the Senate on March 4, 2003, with the recommendation that the substitute (S-4) be adopted and that the bill then pass.
- Substitute offered in the Senate on March 5, 2003, to replace the previous version of the bill with one which would not take over the Detroit water and sewer system’s board, but would subject its rate-setting decisions to a five-member oversight body similar to the state Public Service Commission which oversees price controls on utility rates. The new commission would have members appointed by the City of Detroit, and by Wayne, Oakland, Macomb, and Genesee Counties. It would approve or reject proposed rates, and provide other oversight functions. This bill prescribes the precise authority of the new commission, and House Bill 4206 creates the commission. The substitute was amended to require that local governments which add surcharges to the Detroit water and sewer fees must annually itemize those surcharges on the bills sent to individual customers. The substitute passed by voice vote in the Senate on March 5, 2003.
- Amendment offered by Sen. Gilda Jacobs (D) on March 6, 2003, to require that local governments which add surcharges to the Detroit water and sewer fees must itemize those surcharges on all bills sent to individual customers, rather than only doing so once a year. Also, to require the itemization to give the reasons why the additional charges are assessed. The amendment failed 13 to 23 in the Senate on March 6, 2003.
Who Voted "Yes" and Who Voted "No"
- Amendment offered by Sen. Irma Clark-Coleman (D) on March 6, 2003, to prohibit local governments which purchase Detroit water or sewer service for their residents from adding a surcharge of more than 15 percent to the rate. Some municipalities add surcharges to pay for the expense of local systems which deliver the service to individual households, and to cover administrative or other expenses. The amendment failed by voice vote in the Senate on March 6, 2003.
- Amendment offered by Sen. Irma Clark-Coleman (D) on March 6, 2003, to prohibit local governments which purchase Detroit water or sewer service for their residents from adding a surcharge to the rate which is more than their actual costs. Some municipalities add surcharges to pay for the expense of local systems which deliver the service to individual households, and to cover administrative or other expenses. The amendment failed 13 to 24 in the Senate on March 6, 2003.
Who Voted "Yes" and Who Voted "No"
- Amendment offered by Sen. Samuel B. Thomas, III (D) on March 6, 2003, to prohibit local governments which purchase Detroit water or sewer service for their residents from adding a surcharge to the rate which is more than their actual costs. Also, to subject these systems to independent audits. The amendment failed 12 to 25 in the Senate on March 6, 2003.
Who Voted "Yes" and Who Voted "No"
- Amendment offered by Sen. Samuel B. Thomas, III (D) on March 6, 2003, to allow Detroit to cut off water and sewer service to suburban to suburban communities. The amendment failed by voice vote in the Senate on March 6, 2003.
- Amendment offered by Sen. Samuel B. Thomas, III (D) on March 6, 2003, to allow Detroit to cut off water and sewer service to suburban communities, and require those communities to pay off the existing debt of the water and sewer system. The amendment failed 13 to 23 in the Senate on March 6, 2003.
Who Voted "Yes" and Who Voted "No"
- Passed 23 to 14 in the Senate on March 6, 2003, to subject the water and sewer customer rate-setting decisions of the Detroit water and sewer system to a five-member oversight body similar to the state Public Service Commission (which oversees price controls on utility rates). The new commission would have members appointed by the City of Detroit, and by Wayne, Oakland, Macomb, and Genesee Counties. It would approve or reject proposed rates, and provide other oversight functions. Local governments which add surcharges to the Detroit water and sewer fees would be required to annually itemize those surcharges on the bills sent to individual customers. This bill prescribes the precise authority of the new commission, and House Bill 4206 creates the commission..
Who Voted "Yes" and Who Voted "No" - Received in the House on March 11, 2003.
- Referred to the House Government Operations Committee on March 11, 2003.
- Reported in the House on March 11, 2003, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
- Substitute offered in the House on March 12, 2003, to replace the previous version of the bill with one which both prescribes the precise authority of the new commission, and creates the commission. The latter provision was previously contained in House Bill 4206. The tie-bar between that bill and this is also broken in the substitute. The substitute passed by voice vote in the House on March 12, 2003.
- Amendment offered by Rep. James Koetje (R) on March 12, 2003, to establish that any challenge to the constitutionality of the proposed law be filed and decided directly by the Court of Appeals, rather than first going through circuit court. The amendment passed by voice vote in the House on March 12, 2003.
- Referred to the House Government Operations Committee on March 11, 2003.
- Passed 63 to 41 in the House on March 12, 2003, to subject the water and sewer customer rate-setting decisions of the Detroit water and sewer system to a five-member oversight body similar to the state Public Service Commission (which oversees price controls on utility rates). The new commission would have members appointed by the City of Detroit, and by Wayne, Oakland, Macomb, and Genesee Counties. It would approve or reject proposed rates, and provide other oversight functions. Local governments which add surcharges to the Detroit water and sewer fees would be required to annually itemize those surcharges on the bills sent to individual customers. The House version of the bill both prescribes the precise authority of the new commission, and creates the commission. The latter provision was previously contained in House Bill 4206.
Who Voted "Yes" and Who Voted "No" - Received in the Senate on March 18, 2003.
- Passed 22 to 15 in the Senate on March 18, 2003, to concur with the House-passed version of the bill.
Who Voted "Yes" and Who Voted "No" - Vetoed by Gov. Jennifer Granholm on March 26, 2003.
Most Recent Comments
1) Senator Toy's journal comment by Admin003 on March 21, 2003Senator Toy asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed.
Senator Toy's statement is as follows:
I would ask my colleagues to concur in the changes to this bill made by the House. The changes are minor and
include a clarification as to how the water rates are to be disclosed, and a clarification as to which court has jurisdiction to hear any changes or challenges filed against this law. I would also repeat to my colleagues that the time has come for this bill to be enacted. For thirty years, we've heard the excuses for not enacting this bill. "Give us more time; give
the new mayor a chance. This is a take over." It's not anyone's system. Recently, I heard another excuse. This one says that the legislation continues a taking that violate the Constitution. Well, let me say with this emphasis for my colleagues and our Governor. Both the United States and the Michigan Constitution are quite clear when they say that takings involve private property "private property. Even if this was a
taking, which it is not, there is no violation of the Constitution. The Detroit Water and Sewerage Department is a public utility. Its water belongs to all of us. It comes from the Great Lakes. It's no more private property than any agency of the government. The only taking going on is the taking of taxpayer money without representation. Let's stop the excuses, let's stop the delays, let's stop the politics, and let's do what is right for all of Michigan resident of southeastern Michigan, and vote "yes" on Senate Bill No. 195.
Reply
Senator Clark-Coleman's second statement is as follows:
To the good Senator from District No. 7: You mentioned the fact that this is what you're doing" you're putting another layer on top. I want to point out to you that we already have a board that oversees the rates and everything else, so are you saying that you don’t trust that board? That you want to put another board on top of that board?
Reply
Senator Clark-Coleman's first statement is as follows:
I, too, rise to oppose this takeover. You can paint it anyway you want to paint it, but if it walks like a duck and it quacks like a duck, big chances are it's a duck. Now you say that you want to create this new authority to oversee another board to oversee the water department. If that isn't placing a whole bunch of red tape over getting anything done, then I don't know what else it is. You already
have an overseer; you have the federal Judge Feikens who is overseeing this. He has appointed our Mayor Kwame
Kilpatrick as the person responsible. So what does the state want to do? You want to usurp the powers of the federal judge? Well, that's what you are doing. You say the water belongs to everyone. True, the water does belong to everyone. We are talking about the system
that purifies this water. You are saying that Detroit didn't build it. That's a fabrication. Detroit bonded and built this
system. We are not saying that we own the water. If you want the water, then go into the river, go into the lakes, get the water, and purify it yourself. But don't expect us to use our system to purify this water and then laugh and smile
about you coming in and dictating how that system works. Now you talk about Detroit water rates, which, by the way, is the fifth lowest in the nation with the best water quality. Did anybody stand up and yell when I just heard an announcement that Consumers Power was increasing their rates by 20 percent to cover their expenses? Did I hear one single talk about taking over Consumers Power because they are increasing their energy rates by 20 percent? Not one word. So what then? What is behind this whole methodology of taking over Detroit's water department? Is it because water is something that everybody needs, and
you don’t trust Detroit to be able to monitor this, even though the consultant came in from D.C. and said that this water and this water department is being held up as a model for other states. So if the water is cheap, if it is safe, and certainly our leaders would know if it is safe, then what is the reason that you see to come in and do a takeover of our water department?
Listen, we all know what it is. It's the same reason for the oil; we know what it is.
Reply
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