The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

 

 

Senator Leon Stille of the 32th District offered the following invocation:

Our Father in heaven, as we begin this day of business, give us guidance. Bless us with Your presence so that the spirit of Your grace may permeate our deliberations and the decisions we make here this week. Keep us mindful and considerate of those with needs and struggling daily. Give us a measure of compassion, a sense of fairness and a degree of compromise to lead us to the decisions in the best interest of all of the citizens of our state.

We are grateful for the bounty You have blessed us with and we acknowledge Your presence in our work. In Jesus' name we pray. Amen.

 

 

 

 

Senators Miller, Cherry, Posthumus, A. Smith and Geake entered the Senate Chamber.

 

Senator DeGrow moved that Senators Carl, Hoffman, Schuette and Schwarz be temporarily excused from today's session.

The motion prevailed.

 

 

The following communication was received:

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 4:42 p.m. this date, administrative rule (97-2-2) for the Department of State Police, Motor Carrier Division, entitled "Motor Carrier Safety," effective 15 days hereafter.

The communication was referred to the Secretary for record.

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 11:

 

Senators Schuette and Carl entered the Senate Chamber.

 

 

 

 

The following bill was read a third time:

Senate Bill No. 1, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending sections 2, 4, 4a, 7, and 7a (MCL 408.382, 408.384, 408.384a, 408.387, and 408.387a), section 2 as amended by 1980 PA 97, and by adding section 4b.

The question being on the passage of the bill,

Senator Rogers offered the following amendment:

The amendment was adopted, a majority of the members serving voting therefor.

Senator Bennett offered the following amendment:

The amendment was adopted, a majority of the members serving voting therefor.

 

Senator Hoffman entered the Senate Chamber.

Senator Peters offered the following amendment:

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Schwarz entered the Senate Chamber.

 

Senator Conroy offered the following amendments:

The question being on the adoption of the amendments,

Senator Conroy requested the yeas and nays.

The yeas and nays were not ordered, 1/5 of the members present not voting therefor.

The question being on the adoption of the amendments,

Senator Conroy requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator V. Smith offered the following amendments:

The question being on the adoption of the amendments,

Senator V. Smith requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Senate Bill No. 119, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 3 (MCL 338.883), as amended by 1992 PA 130.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted 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:

Senate Bill No. 120, entitled

A bill to amend 1929 PA 266, entitled "An act to protect the health, and promote the safety and welfare of the people, by regulating the installation, alteration, maintenance, improvement and inspection of plumbing; to define plumbing and the classification of plumbers; to provide for the issuing of licenses and permits pertaining thereto and the disposition of moneys derived therefrom; to create a plumbing board, and to prescribe its powers and duties; to authorize cities, villages and townships to adopt and enforce certain standards; to establish remedies and fix penalties for violation of the provisions of this act," by amending section 8 (MCL 338.908), as amended by 1989 PA 106.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted 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:

Senate Bill No. 101, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending the title and sections 2, 5, 6, 7, 8, and 12 (MCL 205.422, 205.425, 205.426, 205.427, 205.428, and 205.432) and by adding section 6a.

Substitute (S-2).

The Senate agreed to the substitute 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 proceeded to the order of

 

 

Senators Bennett, Geake, Posthumus, Gast, Hoffman, Dunaskiss, Bullard, Schuette, North, Emmons, McManus, Rogers, Cisky, Gougeon, Steil, Shugars, Stille and Van Regenmorter offered the following resolution:

Senate Resolution No. 22.

A resolution to urge the United States Environmental Protection Agency to reaffirm certain standards of ozone and particulate levels.

Whereas, The United States Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

Whereas, The EPA is considering establishing a more stringent ozone standard and a new, more stringent standard for particulate matter at or below 2.5 microns (PM2.5); and

Whereas, Michigan, through its local jurisdictions, businesses, and citizens, has supported health-based National Ambient Air Quality Standards (NAAQS) that are premised on sound science; and

Whereas, Michigan has made significant progress in meeting current NAAQS for both ozone and particulate matter (PM) under the Clean Air Act amendments of 1990, although there are some areas that have not yet come into compliance with the current standard(s); and

Whereas, Michigan, through its local jurisdictions, businesses, consumers, and taxpayers, has borne considerable cost to come into compliance with the current NAAQS for ozone and particulate matter; and

Whereas, The proposed new standards will significantly expand the number of nonattainment areas for both ozone and particulate matter. This may result in additional emission controls in all areas, thus imposing significant economic, administrative, and regulatory burdens on Michigan, its citizens, businesses, and local governments; and

Whereas, EPA's own Clean Air Science Advisory Committee (CASAC) was unable to find any "bright line" that would distinguish any public health benefit among any of the proposed new standards for ozone, including the current standard; and

Whereas, There is very little existing PM2.5 monitoring data; and

Whereas, There are many unanswered questions and scientific uncertainties regarding the health effects of particulate matter, in particular PM2.5, including:

- Divergent opinions among scientists who have investigated the issue;

- Exposure misclassification;

- Measurement errors;

- Lack of supporting toxicological data;

- Lack of a plausible toxicological mechanism;

- Lack of correlation between recorded PM levels and public health effects;

- Influence of other variables; and

-The existence of possible alternative explanations

Whereas, No scientific proof exists that establishing a more stringent ozone standard or a new, more stringent PM2.5 standard would avoid alleged adverse health, but it would assuredly impose significantly higher costs; now therefore, be it

Resolved by the Senate, That we advise and strongly urge the EPA to reaffirm the existing NAAQS for ozone; and be it further

Resolved, That we advise and strongly urge the EPA to reaffirm the existing NAAQS for PM10; and be it further

Resolved, That we advise and strongly urge the EPA to refrain from establishing a new NAAQS for PM2.5 at this time and to gather the necessary PM2.5 monitoring data and conduct all necessary research needed to address the issue of causality and other critical and important unanswered scientific questions concerning PM2.5; and be it further

Resolved, That we advise and strongly urge the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would result from the proposed changes to the NAAQS for ozone and particulate matter; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the administrator of the United States Environmental Protection Agency, and other appropriate administration officials.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

 

 

Senators Berryman, A. Smith, Koivisto, Byrum, Dingell, Conroy, DeBeaussaert, Hart, Peters, Vaughn, O'Brien, Cherry and Stallings offered the following concurrent resolution:

Senate Concurrent Resolution No. 12.

A concurrent resolution to urge the Governor to seek a waiver from the United States Department of Agriculture to extend food stamp eligibility to people in certain situations.

Whereas, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L. 104-193, significantly changed the way our country deals with the poor. Among the numerous provisions of this federal legislation is a three-month limit for food stamp eligibility to unemployed adults with no minor children; and

Whereas, According to the United States Department of Agriculture, 40 percent of those losing food stamps after three months are women, and one-third of this number are over the age of 40. For people with few marketable jobs skills or those living in an area with few jobs, losing food stamps, which cannot exceed $120 per month, is a very serious situation; and

Whereas, The new standards will affect approximately 49,000 men and women in Michigan. The law permits a continuation of food stamps if a person finds a job working at least 20 hours each week, participates in a job training program, or volunteers in community service for at least 25 hours monthly. For people in some locations in our state, these are unobtainable goals, with no jobs, no training, and no community service programs to be had, or available in inadequate numbers; and

Whereas, The federal legislation recognizes that some areas present limited opportunity for either jobs or volunteer services. The law permits states to seek a waiver from the work/volunteer requirement. This option permits flexibility and is an acknowledgment of the fact that, for many people, the doors to self-determination are closed. For these citizens, the three-month limit is unrealistic and a disincentive to seek other opportunities; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Governor to seek a waiver from the United States Department of Agriculture to extend food stamp eligibility to people in certain situations; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senator Young was named co-sponsor of the concurrent resolution.

By unanimous consent the Senate returned to the order of

 

 

Senator Shugars introduced

Senate Bill No. 156, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21516.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.

 

 

Senator Shugars introduced

Senate Bill No. 157, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.

 

 

Senator Shugars introduced

Senate Bill No. 158, entitled

A bill to regulate the acquisition of a hospital that is a nonprofit corporation; to prescribe the powers and duties of certain state agencies and departments; to require the disclosure of certain information; to provide for a public hearing under certain circumstances; and to prescribe penalties and remedies.

The bill was read a first and second time by title and referred to the Committee on Health Policy and Senior Citizens.

 

 

Senators Rogers, Cisky, Emmons, Dunaskiss, Schuette, North and McManus introduced

Senate Bill No. 159, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1995 PA 289.

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

 

 

Senators Rogers, Cisky, Emmons, Dunaskiss, Schuette, North and McManus introduced

Senate Bill No. 160, 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 1996 PA 300.

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

 

 

Senator Bouchard introduced

Senate Bill No. 161, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.

The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.

 

 

Senators Bennett, Geake, Bouchard, Cisky and Steil introduced

Senate Bill No. 162, entitled

A bill to prohibit governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion.

The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.

 

 

Senator Van Regenmorter introduced

Senate Bill No. 163, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6304 (MCL 600.6304), as amended by 1995 PA 249, and by adding section 1484.

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

Senators McManus, Gast and Conroy introduced

Senate Bill No. 164, entitled

A bill to make appropriations for the department of agriculture for the fiscal years ending September 30, 1998; 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.

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

 

 

Senators Gast, DeGrow, Geake, Conroy and McManus introduced

Senate Bill No. 165, entitled

A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 1998, to implement the appropriations within the budgetary process; to make appropriations for planning and construction of state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

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

 

 

Senators Steil, Geake, Conroy and McManus introduced

Senate Bill No. 166, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

 

 

Senators McManus, Gast, Conroy and Hoffman introduced

Senate Bill No. 167, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

 

 

Senators McManus, Gast, Conroy and Hoffman introduced

Senate Bill No. 168, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1997 and the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

 

 

Senators Geake, Steil, Conroy and McManus introduced

Senate Bill No. 169, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal years ending September 30, 1997 and September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

Senators DeGrow, Steil, Conroy and McManus introduced

Senate Bill No. 170, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch for the fiscal years ending September 30, 1997, and September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1998; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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

 

 

Senators DeGrow, Steil, Conroy and McManus introduced

Senate Bill No. 171, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

 

 

Senators Cisky, Hoffman, Conroy and McManus introduced

Senate Bill No. 172, entitled

A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

 

 

Senators Cisky, Hoffman, Conroy and McManus introduced

Senate Bill No. 173, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal years ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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

 

 

Senators Hoffman and DeGrow introduced

Senate Bill No. 174, entitled

A bill to make appropriations for the department of transportation and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to provide for reports; to create certain funds; to prescribe certain powers and duties of certain state departments and officials; and to provide for the expenditure of the appropriations.

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

 

 

Senators Gast, DeGrow, Conroy and McManus introduced

Senate Bill No. 175, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1998; to make appropriations for state building authority rent and insurance; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

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

 

 

 

 

 

 

 

 

 

 

 

 

Yeas: Senators Emmons, Carl, Shugars, Peters and Stallings

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

 

 

 

The Committee on Finance submits the following:

Meeting held on Tuesday, February 11, 1997, at 1:05 p.m., 8th Floor Conference Room, Farnum Building

Present: Senators Emmons, Carl, Shugars, Peters and Stallings

 

 

 

 

State Police and Military Affairs Appropriations Subcommittee - Wednesday, February 19, at 2:00 p.m., Room 210, Farnum Building; Wednesdays, February 26 and March 5, at 2:00 p.m., Room 404, Capitol Building (3-1760).

 

Trial Court Assessment Commission - Friday, February 21, at 10:00 a.m., 8th Floor Conference Room, Farnum Building (3-7000).

 

Trial Court Assessment Commission, Court Funding Committee - Friday, March 14, at 1:00 p.m., 8th Floor Conference Room, Farnum Building (3-7000).

 

Trial Court Assessment Commission, Court Organization Committee - Friday, March 14, at 9:30 a.m., 8th Floor Conference Room, Farnum Building (3-7000).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:51 a.m.

 

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, February 13, at 10:00 a.m.