No. 22
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Thursday, March 12, 1998.
10:00a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Philip E. Hoffman.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Bennett--present Gast--present Rogers--present
Berryman--present Geake--present Schuette--present
Bouchard--present Gougeon--present Schwarz--present
Bullard--present Hart--excused Shugars--present
Byrum--present Hoffman--present A. Smith--present
Cherry--present Jaye--present V. Smith--present
Cisky--present Koivisto--present Stallings--absent
Conroy--present McManus--present Steil--present
DeBeaussaert--present Miller--present Stille--present
DeGrow--present North--present VanRegenmorter--present
Dingell--present O'Brien--excused Vaughn--present
Dunaskiss--present Peters--present Young--present
Emmons--present Posthumus--present
Police Chaplain Larry Survance of Genesee Township offered the following invocation:
Father, we ask You to be with each member of this body. We would ask this day for Your wisdom. We need Your discernment. We need knowledge. These people have been placed in the stewardship of the public trust to conduct business and to do what's right. Except You give guidance and leadership to every one of these men and women, then everything else seems to be nothing but just a house built on sand.
Father, we are proud of our heritage. We're proud of our lineage. We're proud of our leadership. Bestow upon them all of the gifts necessary to perform their functions, to do their job, and to lead us into the 21st Century and out into eternity not only with the blessings of prosperity and peace on earth, but with the blessings of God our Father. Use each of us as instruments and vessels to accomplish Your purpose and Your will. May Your word be a lamp unto their feet and a light unto their way that in all things they not only receive Your blessing, but they become a blessing to You as their Father. We thank You in Jesus. Amen.
Motions and Communications
Senators Miller, Posthumus, Conroy and Jaye entered the Senate Chamber.
Senator Bouchard asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bouchard's statement is as follows:
It's my great pleasure to introduce to the members the guests I have in the east Gallery, who actually sang prior to session. They sang a number of songs, one of which they wrote, which deals with "Drop Everything and Read" and recognizing reading and the importance of that and, specifically, the importance to young people early on in their educational careers. They sang with great style, I might add, and the song that they had written was about "Drop Everything and Read," which we adopted a resolution commemorating in this body. They join us now.
In the balcony, we have Alicia, the early literacy instructor, from Lamphere Schools. Cindy is a classroom teacher with the students who belted out the song for us. Then we have Jane, the principal from Lessenger Elementary, all of whom, again, are from the Lamphere School District in Madison Heights. And the students--I'd like to thank them for their singing.
I want to mention to Alicia, who when she is on Saturday Night Live, I'll carry her guitar case there for her. She's got a marvelous voice. But I ask that they be welcomed, Mr.President, and I thank you for coming today.
Senator DeGrow moved that rule 2.106 be suspended to allow the Capital Outlay Joint Subcommittee to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Senators Schwarz, McManus, Schuette, Koivisto and Young entered the Senate Chamber.
Senator DeGrow moved that Senators Gast and Geake be temporarily excused from today's session.
The motion prevailed.
Senator V. Smith moved that Senators Hart and O'Brien be excused from today's session.
The motion prevailed.
Senator DeGrow moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No.5532
The motion prevailed, a majority of the members serving voting therefor.
Senator DeGrow moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the order of Resolutions for consideration today:
Senate Resolution No.155
The motion prevailed, a majority of the members serving voting therefor.
Senator Gast entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 11:
House Bill Nos. 5483 5511 5566 5607
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, March 11, for his approval the following bills:
Enrolled Senate Bill No.363 at 9:45a.m.
Enrolled Senate Bill No.364 at 9:47a.m.
Enrolled Senate Bill No.365 at 9:49a.m.
Enrolled Senate Bill No.367 at 9:51a.m.
Enrolled Senate Bill No.368 at 9:53a.m.
Enrolled Senate Bill No.369 at 9:55a.m.
Enrolled Senate Bill No.372 at 9:57a.m.
Enrolled Senate Bill No.376 at 9:59a.m.
Enrolled Senate Bill No.374 at 10:01a.m.
Enrolled Senate Bill No.383 at 10:03a.m.
Enrolled Senate Bill No.390 at 10:05a.m.
The Secretary announced the printing and placement in the members' files on Wednesday, March 11 of:
House Bill No. 5648
Messages from the Governor
The following message from the Governor was received and read:
March 11, 1998
There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:
Local Government Claims Review Board
Mr.Mark A. Murray, 2211 S. Hampden Drive, Lansing, Michigan 48911, county of Ingham, as a member representing the general public and as Chair, succeeding Mr.Sandor M. Gelman of West Bloomfield, whose term has expired, for a term expiring on March 26, 2001.
Sincerely,
John Engler
Governor
The appointment was referred to the Committee on Government Operations.
Messages from the House
Senator DeGrow moved that consideration of the following bills be postponed for today:
Senate Bill No.361
Senate Bill No.371
Senate Bill No.373
Senate Bill No.377
Senate Bill No.381
Senate Bill No.384
Senate Bill No.386
Senate Bill No.387
Senate Bill No.388
Senate Bill No.400
Senate Bill No.362
The motion prevailed.
Senator Geake entered the Senate Chamber.
House Bill No.4454, entitled
A bill to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts.
The House of Representatives has amended the Senate substitute (S-2) as follows:
1. Amend page 13, line 24, by striking out all of section 201 and inserting:
"Sec. 201. (1) On and after December 15, 1933, it shall be lawful to manufacture for sale, sell, offer for sale, keep for sale, possess, or transport any alcoholic liquor, as defined in this act, including alcoholic liquor used for medicinal, mechanical, chemical, or scientific purposes and wine used for sacramental purposes, subject to the terms, conditions, limitations, and restrictions contained in this act, and only as provided for in this act.
(2) Except as otherwise provided in this act, the commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the manufacture, importation, possession, transportation and sale thereof.
(3) A rule, regulation, or order made by the commission shall not unreasonably discriminate against Michigan manufacturers of alcoholic liquor.
(4) A peace officer or law enforcement officer of this state or a county, township, city, village, state university, or community college or an inspector of the commission is authorized, and it is the duty of each of them, to enforce the provisions of this act and the rules promulgated by the commission within his or her respective jurisdiction. It is the special duty of an officer described in this section to use his or her utmost efforts to repress and prevent crime and the violation of any of the provisions of this act. An officer described in this section who willfully neglects or refuses to perform the duties imposed upon him or her by this section is guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned in the county jail not more than 90 days, or both.".
2. Amend page 20, following line 21, by inserting:
"(14) Notwithstanding any other provision of this section, the commission shall enter into a performance contract with each authorized distribution agent.".
3. Amend page 101, line 14, after "1997." by striking out the balance of the line through all of line 15 and inserting "An applicant for a license under this subsection shall demonstrate to the commission all of the following:".
4. Amend page 136, line 21, by striking out all of section 705 and inserting:
"Sec. 705. A peace officer or law enforcement officer described under section 201 or an inspector of the commission who witnesses a violation of section 703 or a local ordinance corresponding to section 703 may stop and detain a person and obtain satisfactory identification, seize illegally possessed alcoholic liquor, and issue an appearance ticket as prescribed in section 9b of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9b.".
5. Amend page 154, following line 26, by inserting:
"Sec. 916. (1) An on-premises licensee shall not allow monologues, dialogues, motion pictures, still slides, closed circuit television, contests, or other performances for public viewing that does not include topless activity on the licensed premises unless the licensee has applied for and been granted an entertainment permit by the commission.
(2) An on-premises licensee shall not allow dancing by customers on the licensed premises unless the licensee has applied for and been granted a dance permit by the commission. Issuance of a dance permit under this subsection does not allow topless activity on the licensed premises.
(3) An on-premises licensee shall not allow topless activity on the licensed premises unless the licensee has applied for and been granted a topless activity permit by the commission. This section is not intended to prevent a local unit of government from enacting an ordinance prohibiting topless activity or nudity on a licensed premises located within that local unit of government.
(4) The commission may issue to an on-premises licensee a combination dance-entertainment permit or topless activity-entertainment permit after application requesting a permit for both types of activities.
(5) An on-premises licensee shall not allow the activities allowed by a permit issued under this section at any time other than the legal hours for sale and consumption of alcoholic liquor.
(6) Before the issuance of any permit under this section, the on-premises licensee shall obtain the approval of all of the following:
(a) The commission.
(b) Except in cities with a population of 1,000,000 or more, the local legislative body of the jurisdiction within which the premises are located.
(c) The chief law enforcement officer of the jurisdiction within which the premises are located or the entity contractually designated to enforce the law in that jurisdiction.
(7) The following activities are allowed without the granting of a permit under this section:
(a) The performance or playing of an orchestra, piano or other types of musical instruments, or singing.
(b) Any publicly broadcast television transmission from a federally licensed station.
(8) In the case of a licensee granted an entertainment or dance permit under R 436.1407 of the Michigan administrative code who, after January 1, 1998, extended the activities conducted under that permit to regular or full-time topless activity, that licensee shall apply to the commission for a topless activity permit under this section within 60 days after the effective date of this section in order to continue topless activity. Except as otherwise provided for in this subsection, this section applies only to entertainment or dance permits issued after the effective date of this section.
(9) The fees imposed by the commission for a permit under this section remain the same as the fees imposed under a permit issued under R 436.1407 of the Michigan administrative code.
(10) Except as otherwise provided, this section does not change the renewal or application process for a license under section 17 or the renewal process for permits issued under
(11) As used in this section:
(a) "Nudity" means exposure to public view of the whole or part of the pubic region; the whole or part of the anus; the whole or part of the buttocks; the whole or part of the genitals; or the breast area including the nipple or more than 1/2 of the area of the breast.
(b) "Topless activity" means activity that includes, but is not limited to, entertainment or work-related activity performed by any of the following persons on the licensed premises in which the female breast area, including the nipple, or more than 1/2 of the area of the breast, is directly exposed or exposed by means of see-through clothing or a body stocking:
(i) A licensee.
(ii) An employee, agent, or contractor of the licensee.
(iii) A person acting under the control of or with the permission of the licensee.".
The House of Representatives has concurred in the Senate substitute (S-2) as amended.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendments made to the Senate substitute,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.101 Yeas--33
Bennett Dingell Koivisto Schwarz
Berryman Dunaskiss McManus Shugars
Bouchard Emmons Miller Smith, V.
Byrum Gast North Steil
Cherry Geake Peters Stille
Cisky Gougeon Posthumus VanRegenmorter
Conroy Hoffman Rogers Vaughn
DeBeaussaert Jaye Schuette Young
DeGrow
Nays--0
Excused--2
Hart O'Brien
Not Voting--3
Bullard Smith, A. Stallings
In The Chair: Hoffman
Senator DeGrow moved that Senator Bullard be temporarily excused from the balance of today's session.
The motion prevailed.
Senate Bill No.775, entitled
A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending sections 2, 8, and 10 (MCL 450.222, 450.228, and 450.230), sections 2 and 10 as amended by 1990 PA 166.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator DeGrow moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator Hoffman, designated Senator DeBeaussaert as Chairperson.
After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schwarz, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No.5532, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 3, following line 19, by inserting:
"Sec. 207. The department shall not restrict reimbursement for a drug approved by the Federal Food and Drug Administration that is entirely consumed at the time and place it is prescribed unless the cost of that procedure is included in reimbursement for another service.".
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 DeGrow moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
House Bill No.5532
The motion prevailed, a majority of the members serving voting therefor.
Senator DeGrow moved that consideration of the following bills be postponed for today:
Senate Bill No.789
Senate Bill No.256
Senate Bill No.830
Senate Bill No.865
Senate Bill No.897
House Bill No.4289
The motion prevailed.
Senator Bullard entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No.943, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.
The question being on the passage of the bill,
Senator Peters offered the following amendments:
1. Amend page 1, line 1, after "(1)" by inserting "EXCEPT AS PROVIDED IN THIS SECTION AND".
2. Amend page 1, line 3, after "FROM" by striking out the balance of the line through "57F(3)" on line 4 and inserting "TIME LIMITS UNDER FEDERAL FOOD STAMP LAW".
3. Amend page 2, following line 3, following subdivision (C), by inserting:
"(3) THE FAMILY INDEPENDENCE AGENCY MAY CHOOSE TO IMPLEMENT ANY OPTIONS UNDER A FEDERAL WAIVER, POLICY, OR LAW THAT WOULD ALLOW THE AGENCY TO MAKE FEDERALLY FUNDED FOOD STAMPS AVAILABLE TO INDIVIDUALS WHO OTHERWISE WOULD BE CONSIDERED INELIGIBLE.
(4) AN EXCEPTION SHALL BE MADE FOR INDIVIDUALS WHO RESIDE IN AN AREA THAT HAS AN UNEMPLOYMENT RATE OF OVER 10 PERCENT OR DOES NOT HAVE A SUFFICIENT NUMBER OF JOBS TO PROVIDE EMPLOYMENT FOR THE INDIVIDUALS. IF AN AREA HAS AN UNEMPLOYMENT RATE OF OVER 10 PERCENT OR DOES NOT HAVE A SUFFICIENT NUMBER OF JOBS TO PROVIDE EMPLOYMENT FOR THE INDIVIDUALS, THE FAMILY INDEPENDENCE AGENCY SHALL REQUEST A FEDERAL WAIVER UNDER SECTION 6 OF THE FOOD STAMP ACT, 7 U.S.C. 2015, TO PERMIT THE APPLICATION OF THIS SUBSECTION.
(5) AN EXCEPTION SHALL BE MADE FOR INDIVIDUALS AS DETERMINED BY THE FAMILY INDEPENDENCE AGENCY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, INDIVIDUALS WHO ARE VICTIMS OF DOMESTIC VIOLENCE OR PERSONS SUBJECT TO PARTICULAR HARDSHIPS AS DEFINED BY THE FAMILY INDEPENDENCE AGENCY.".
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:
Roll Call No.102 Yeas--13
Berryman DeBeaussaert Miller Smith, V.
Byrum Dingell Peters Vaughn
Cherry Koivisto Smith, A. Young
Conroy
Nays--22
Bennett Emmons McManus Schwarz
Bouchard Gast North Shugars
Bullard Geake Posthumus Steil
Cisky Gougeon Rogers Stille
DeGrow Hoffman Schuette VanRegenmorter
Dunaskiss Jaye
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
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.103 Yeas--30
Bennett DeGrow Jaye Schuette
Bouchard Dingell Koivisto Schwarz
Bullard Dunaskiss McManus Shugars
Byrum Emmons Miller Steil
Cherry Gast North Stille
Cisky Geake Posthumus VanRegenmorter
Conroy Gougeon Rogers Young
DeBeaussaert Hoffman
Nays--5
Berryman Smith, A. Smith, V. Vaughn
Peters
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Protests
Senators Berryman, Peters, V. Smith and A. Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.943.
Senators Berryman and Peters moved that the statements they made during the discussion of the amendments offered by Senator Peters be printed as their reasons for voting "no."
The motion prevailed.
Senator Berryman's statement is as follows:
I rise to support the Peters amendment, and this is the kind of debate that is good to have on this floor. I think there certainly is a difference of opinion on how we look across the state, and what we see the need is. Again, all we are asking for is a waiver, not a blanket across the whole State of Michigan, but a wavier for particular areas of high unemployment or where jobs are not available.
I do think it is unfortunate when someone says, "Well, another state legalized drugs and we're not going to follow that, so we're not going to legalize this." I have all the respect in the world for the good Senator that made that comment, but you can't compare legalizing drugs to giving someone food stamps for food on the table. There is absolutely no comparison, and we shouldn't degrade this debate by making that comparison.
When someone says that things are going so well in the state of Michigan that we do not need this waiver, it is obvious that individual does not travel around the state and see the dire straits that far too many people in this state are in. Unfortunately, I'm convinced that many people in this state are not riding the wave of economic prosperity. For the last two years, there are many counties that have not only been above the unemployment average in Michigan, but have been in double digit figures.
We send out press releases saying, "look at the unemployment in Michigan, its the lowest in 25 years." I have in front of me about 20 different counties that either in of the last two years, or in both years, have risen above double digit unemployment. Just a few of them: Alcona, Cheboygan--Cheboygan 10.6 percent in 1997 and 21.7 percent in January of 1998, that is how good its going in Cheboygan--Chippewa, Clare, Emmet, Keweenaw, Lake, Mackinac-- Mackinac had 10.2 percent in 1997 and 24 percent unemployment in January 1998--Montmorency, Oceana, Ontonagon, Roscommon, Schoolcraft, Wexford.
If you notice, most of those are not in southeastern Michigan. Most of those are in western/northern Michigan, northern lower Michigan, and the Upper Peninsula. If anyone can look at this list and tell me everything is going so well in the State of Michigan that no one needs this waiver to put food on the table, then visit those areas. Visit an area with 24 percent unemployment, when the state average is 3.6 percent. Do I think those people need to be looked at on an individual basis? Yes, I absolutely do, and I urge my colleagues to think of these people in these areas when you vote on the Peters amendment.
Senator Peters' statement is as follows:
These amendments do not alter the general purpose of the bill or alter the intent of the bill in any significant way, but without these amendments, those of us with a conscience would find it very difficult to support the bill. These amendments take a look at the current work requirement for food stamps. We certainly believe that these are an important component of the food stamp program and in helping people reach self-sufficiency. However, these amendments also recognize that there could be some very difficult economic times ahead for us, times where it may be difficult to find those jobs. If you can't find those jobs then you would be unable to qualify for food stamps, and you and your family would very likely go hungry.
So this amendment is not triggered currently where you have a very strong national economy and things are going well in Michigan. These amendments are only triggered in very extreme circumstances. If the economy takes a nose dive, unemployment increases, and there are no jobs to be found, then the State of Michigan can get a waiver, which is allowed under federal statute, and would allow the issuance of food stamps to those people who are unable to find jobs when there aren't any. If the unemployment rate is over 10 percent and no jobs are to be found, then they can get that kind of assistance necessary to feed their families. The amendment would also deal with other extreme circumstances like natural disasters that may hit an area. If you have a natural disaster, it would allow the FIA to get a waiver, as allowed under federal law, in order to allow food stamps to be issued.
Certainly, even today, like I mentioned yesterday, with the economy going very strong, the needs for feeding people are still very great. The memo that was passed out yesterday or the day before from the Food Bank Council said, "During the good economic times our state is experiencing, food banks continue to distribute record amounts of food in their communities." This was according to Jane Marshall the Executive Director of the Food Bank Council. In 1997, Michigan food banks provided close to 15 million pounds of food to a network of 2,500 food pantries, soup kitchens and hunger relief in our state. This is happening today when the economy is very strong in Michigan, there will inevitably be a time when the economy slows down and this problem will grow to a very, very large proportion.
To me, it would be unconscionable for this state to not seek a waiver, as allowed under federal law. That would allow food stamps to continue to be issued to people who can not find employment or are victims of natural disaster, and are facing certain hunger. Surely it has always been the policy of this state in past that the most important of safety nets that we can possibly provide as a state government is that people in our state will not go hungry. By not adopting this amendment there may very well be times when people in this state will go hungry, and the aid from the federal government, even though it is available, will not be sought.
If we do not adopt these amendments we will be among only seven states in the country that currently don't allow for this waiver. Fully 43 states in the United States have a provision that will allow them to seek this waiver if the people in their state need that help. I may remind some of my colleagues that those are states in our local areas as well, here in the Midwest. Minnesota, for example, has the waiver, and has an unemployment rate of only 2.7%, which is considerably better than Michigan. Indiana has a 3.3% unemployment rate, but still sees the need for a waiver. Even south of the border in Ohio they have seen a dramatic decrease in their unemployment, down to where Michigan is now, but still believe that the people of their state deserve a waiver, if tough economic times come and people are in need of food stamps.
So I urge my colleagues to support this amendment. Its the right thing to do to prepare our state for what could be potentially a very disastrous time in the future, and to reaffirm our policy in this state that no matter what happens we will make every effort to make sure that people in the State of Michigan at least have food in their bellies.
Senator V. Smith's statement, in which Senator A. Smith concurred, is as follows:
I voted "no" on Senate Bill No.943, because I find it to be more of the same. I sometimes am completely amazed at the nature of this body, when it comes to poor people. We are so fixed on trying to make sure that the least of these in society have very rigid standards to live by. We have eliminated any type of general assistance in this state. Basically, when we talk about social welfare programs, we are now talking about women and children. That is what this is about. Food stamps primarily for women and children. So we are talking about families, generally with no men around, and women and children.
I just find it hard that as we talk about women and children in this state, in a time when probably this state is at its zenith in terms of the economic engine that continues to run and provide jobs and opportunity in Michigan, that even with such wealth and such opportunity we want to be restrictive with the least of these. I did not find this body being restrictive when it gave away $90 million to the Miller brothers on a concocted scheme of protecting wetlands. It does not surprise me when I see this body reduce taxes on the biggest corporations in this state. Give away hundreds of millions of dollars to the richest families in this state and do everything that they can to protect business and industry. Clearly, the insurance industry. We do more and more things to protect the insurance industry in this state, because of their heavy lobbying hand here in the legislature. But when it comes to poor people, then we are right on the stick. We want to make sure that they go to work. They give community service. We really do not care how their children are raised, what happens to their children. We do not have any long term policy. If our policies were really about children, then we would not be trying to fill up the prisons. We would not be into privatizing punk prison and creating crime as an economic force in this state. But that is what is going on. We would not have criminalized the Juvenile Code. But it is not about families, it is not about saving children. It is about punishment and retribution. The punishment and retribution is going into those who have the least ability to fight. That is my "no" vote explanation, I do not like Senate Bill No.943 and I probably do not like the rest of these bills coming down the pike either.
The following bill was read a third time:
Senate Bill No.947, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 43b.
The question being on the passage of the bill,
Senator Berryman offered the following amendments:
1. Amend page 1, line 1, after "RECEIVING" by striking out the balance of the line through "YEARS," on line 2.
2. Amend page 1, line 3, after "RECEIVING" by striking out the balance of the line through "YEARS," on line 4.
The question being on the adoption of the amendments,
Senator Berryman 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:
Roll Call No.104 Yeas--8
Berryman Conroy Smith, A. Vaughn
Cherry Peters Smith, V. Young
Nays--27
Bennett Dingell Jaye Schuette
Bouchard Dunaskiss Koivisto Schwarz
Bullard Emmons McManus Shugars
Byrum Gast Miller Steil
Cisky Geake North Stille
DeBeaussaert Gougeon Posthumus VanRegenmorter
DeGrow Hoffman Rogers
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
Senator Bouchard offered the following amendment:
1. Amend page 3, line 3, by striking out all of enacting section 1.
The amendment was adopted, a majority of the members serving voting therefor.
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.105 Yeas--28
Bennett Dingell Jaye Rogers
Bouchard Dunaskiss Koivisto Schuette
Bullard Emmons McManus Schwarz
Byrum Gast Miller Shugars
Cisky Geake North Steil
DeBeaussaert Gougeon Peters Stille
DeGrow Hoffman Posthumus VanRegenmorter
Nays--7
Berryman Conroy Smith, V. Young
Cherry Smith, A. Vaughn
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Protests
Senators Berryman and V. Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.947 and moved that the statements they made during the discussion of the amendments and the bill be printed as their reasons for voting "no."
The motion prevailed.
Senator Berryman's first statement is as follows:
This amendment would strike out six or seven very important words. It strikes out "or has received within the previous three years." This takes out the punitive language in this bill that says anyone who was on assistance, even though it may have been two or three years ago, will somehow be put on the list, and if they ever have any winnings in the casinos within that three year period, half of that will be paid back for their assistance.
I believe, and I think most people in this state believe that if someone is on assistance, whatever their paying for, medical assistance, food, housing, if they're on assistance and they're gambling, that's wrong. That money needs to go--and it should be every cent that they have, for their children, if they have children, for the care of their children, for housing and for food--and not for gambling. I would concur with that. I think having it retroactive to three years previous is out of line, and so this amendment clearly cuts out the three years and says: "If you're on assistance and you win we have to pay half of it; but once you're off assistance you're a taxpayer.
Some comments were made yesterday like "They ought to pay back." Once they're off assistance, they have a job, they're paying taxes. They are paying back. Their taxes are going for everything else in the budget, but also going towards other individuals who need assistance. So, they are paying back. They just happen to have a job and are now paying taxes and those taxes are repaying the system that helped them when they were in time of need. That is appropriate.
Senator Berryman's second statement is as follows:
I'm just curious where this stops. It seems to only stop at people who are on assistance. While we deal with people who are having a tough time, people that are poor. What about if we talk about assistance--we pay a lot more to house somebody in prison. Are we going after prisoners that once they're out of prison and they happen to gamble at a casino, they can pay back for their stay in prison? Over the years that probably sounds like a good idea. If you think that is a good idea, then I think you'll like the next idea--that we go after Amway for the assistance that we gave them by teaching their employees a foreign language, that's assistance. It was a grant. If that made them more profitable, and their profits for the next year, they ought to repay that grant they used to help them make more profits.
It only seems to stop at the poor; people you don't think can have enough impact in an election that will make a difference. I think that's a state of affairs in this state.
Senator Berryman's third statement is as follows:
I would like to see the tie-bar stay. I do think it was there for a reason--they either all go or they don't. I think the good Senator just made a very good point that it seems funny when you can pick and choose, when you want the minority to rule. Sometimes you stand up and applaud for that and now you're saying minority rule is bad.
But, I do want to take objection to the fact that we're not going after the poor. Yes we are. We said all along, people on assistance--I agree with the good Senator--should not be gambling. But this bill doesn't say that. You don't have to be on assistance, you can be off of assistance for three years out. You're a taxpayer, you're working, those dollars are going to help pay other people who are on assistance and play in the state's budget. We're not talking about people on assistance--you're talking about people who used to be on assistance. There is a big difference. I'm not going to let you have that in this debate where you said "This is only for people on assistance." That's bunk, that's hogwash, that's bull, it's for people that are working. You are going after people that have been off assistance for three years. They are taxpayers. You are going to keep them on a blacklist, you're going to keep their names on a list that you are going to keep checking to see what they're doing, someone whom you have encourage to get off assistance.
I keep going back to you talk about people that are on assistance, that they're on it for a lifetime. The majority of people are not on assistance for a lifetime. They're on it for a short period of time because things went bad and they needed help and the state was here to help them. It's not a lifestyle that we are talking about, the majority of people are there in awe. But, even though you were on for six or seven months, we're still going to keep you on this blacklist for three years, we're still going to stigmatize you because you had, at one point, assistance from this state.
Senator Berryman's fourth statement is as follows:
In opposition to passage that I think this is certainly going to--if it ever passes the House and is signed by the Governor, ever became law--is certainly going to be more costly than they're ever going to collect. I think this bill is strictly more to do about political TV spots, political radio ads and newspaper ads than it has anything to do about good policy.
Senator V. Smith's first statement is as follows:
I rise to oppose Senate Bill No.947. To me, it's an easy thing to do. We are still talking about women and children and for some reason, I guess, if you are down and out in this state and you're a mother with children and you don't have any way to support yourself and maybe you've got more kids at home to take care of than you can in terms of being able to go out and have employment. And, you know, I know most of the people on this floor are men, but if you were women, you might understand what it is if you're a mother with one, two or three children or more and what it takes to raise those children and whether you have time to go out and get a job.
Do we really want, and I guess that is the policy we've already debated and said, we don't care. You've got to go out and work. So, if your children have to go to day care, if they have to go to mama's care or to down-the-street care. We don't care. We don't care whether you're there to nurture them. We don't care what they get when they're not with you, but we want to make sure you're working 20 hours a week because you've got the audacity to ask the state for a nickel and a dime.
If you're going to take this draconian attitude toward women and children who have fallen on hard times, who have stepped up to the plate and said, "Well, I need some help." Why don't you take that tact with these big insurance companies? Why don't you take that same tact? Why don't you take that tact with some of these big corporations in this state? Or with some of your wealthy friends who are here in droves in Lansing lobbying to get more money in their pocket by a change of state policy? I mean, every day we see new corporations coming here who miss some tax benefit and their Representative or Senator is back here even if they miss the deadline, two years, three years later and most of the time, you know, we line right up and allow them to do it. I have voted for some of them. I have felt sorry for some of them. I have compassion for your businessmen who didn't get the $50,000 tax credit they were thinking they were going to get. Why can't you have some compassion for the ADC mothers in my community who, unfortunately, are down on their luck now?
And I think we've already put a time limit so we will not be dealing with generational poverty anymore because we've placed a time limit on it. You won't see mother, grandmother and great-grandmother who received public assistance and what percentage of the welfare cases does that represent anyway? I haven't heard any of you talk about institutional families who have been on welfare from an institutional standpoint and whatever percentage because whatever percentage they are it's probably a very small, minute percentage. So, if you aren't going after the people, and that's always a justification, we want to make sure that those lazy scofflaws get up off their butt. I can see you now trying to hustle the two-year-olds and the three-year-olds out and the five-year-olds out and the seven-year-olds out, out of their house to make sure their mother can trot down the street and work at McDonalds for 20 hours a week. And if she does happen to buy a lottery ticket, oh, by the way, what you advertise in the poor community to make sure they spend of their money on the lottery, about trying to buy that dream. So, you don't mind them buying the state dream or the state lottery when the dollars coming in go to the state government's pockets so you can give it away to your rich friends. You don't mind that. But if they go to a gambling casino, you do mind. You want to make sure you tax 50 percent of whatever their winnings are so that little Johnny or little Susie or little Camera when mama finally gets a windfall or she finally hits on one of these lottery tickets that she's been dreaming about, we want make sure we stepin.
Oh, by the way, the snitch. Who was the snitch who turned her in? Was it the woman down the street or the man whose grass or something her kids walked on, so they are going to try to get even and it looks like there is no due process here. Whoever wants to sign this affidavit and send it in and say, "I saw them in the gambling casino and that must have been food stamp money that they had." I can't believe it was from that job we forced them to get. It had to have been the food stamp money.
So, this is the mentality. This is the logic. This is the justification behind this great push by the weighty strong Republican Party to dump on these poor ADC mothers with children in the state of Michigan so you can get your pound that's due? And how much is the pound that's due? I bet you won't even collect $20,000 if this floats--tops, $50,000 at best out of a $28 billion budget. But you're down here nickeling and diming down here with pennies pushing up against mothers and children in a political year to make a political statement because that's all this bill is about--politics. Good luck on the other side.
Senator V. Smith's second statement is as follows:
New York got a million out of pumping on the poor folks. One, I thought that New York was bigger than Michigan. I thought they had more people. New York City is almost as big as the state of Michigan by itself. So, they have a few more people in New York and they have 10 million people in the big city of New York. So, they have a lot of folks who are in poverty who are buying more dreams than the million we have down in Detroit who are trying to buy dreams. So, it doesn't surprise me, but if you want to equate what New York City has and think that Michigan is going to do the same, I don't think so.
And yes, I do consider it a chunk of change out of a $20 million budget and I just can't understand why you continue to want to make poor people your political football. Why don't you pick on somebody your own size rather than picking on somebody who doesn't have the ability to fight back? Why don't you pick on some fat cat supporters of yours and make sure they report all of the little lottery winnings and make sure that we get 50 percent of that Welfare that we give them in terms of tax credits. We give out some $8 billion in the tax expenditure budget yearly. Why don't you want to talk about that? I don't see anybody wanting to look at the tax code and look at all those fat tax breaks that the insurance companies and others are getting.
But, it's a lousy public policy. It is vindictive. It is spiteful. It's political and you need to be ashamed of yourself. And believe me, I'm going to ask for every word I said would be put in the record. I'm not ashamed of any of it.
Senators Gougeon, Bouchard, Gast, Bennett, Shugars, Steil, McManus and Dunaskiss moved that they be named co-sponsors of the following bill:
Senate Bill No.947
The motion prevailed.
The following bill was read a third time:
Senate Bill No.949, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 10c.
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.106 Yeas--32
Bennett DeGrow Jaye Schuette
Bouchard Dingell Koivisto Schwarz
Bullard Dunaskiss McManus Shugars
Byrum Emmons Miller Smith, A.
Cherry Gast North Steil
Cisky Geake Peters Stille
Conroy Gougeon Posthumus VanRegenmorter
DeBeaussaert Hoffman Rogers Young
Nays--3
Berryman Smith, V. Vaughn
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.948, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.226) by adding section 11a.
The question being on the passage of the bill,
The bill was defeated, 3/4 of the members serving not voting therefor, as follows:
Roll Call No.107 Yeas--28
Bennett Dingell Jaye Rogers
Bouchard Dunaskiss Koivisto Schuette
Bullard Emmons McManus Schwarz
Byrum Gast Miller Shugars
Cisky Geake North Steil
DeBeaussaert Gougeon Peters Stille
DeGrow Hoffman Posthumus VanRegenmorter
Nays--7
Berryman Conroy Smith, V. Young
Cherry Smith, A. Vaughn
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
Senator DeGrow moved to reconsider the vote by which the bill was defeated.
The question being on the motion to reconsider,
Senator DeGrow moved that further consideration of the bill be postponed for today.
The motion prevailed.
The following bill was read a third time:
House Bill No.5532, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.
The question being on the passage of the bill,
Senator Conroy offered the following amendments:
1. Amend page 2, line 14, by striking out the balance of the section and inserting "Health care coverage shall be provided through expanded eligibility under the state's medicaid program.".
2. Amend page 3, following line 19, by inserting:
"Sec. 208. (1) Families with children eligible for the MIChild program shall not be charged a premium as a condition of eligibility.
(2) Any co-payment required under the MIChild program shall not exceed $2.00.".
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:
Roll Call No.108 Yeas--15
Berryman DeBeaussaert Miller Smith, V.
Byrum Dingell North Vaughn
Cherry Gougeon Peters Young
Conroy Koivisto Smith, A.
Nays--20
Bennett Dunaskiss Jaye Schwarz
Bouchard Emmons McManus Shugars
Bullard Gast Posthumus Steil
Cisky Geake Rogers Stille
DeGrow Hoffman Schuette VanRegenmorter
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
Senator A. Smith offered the following amendment:
1. Amend page 3, line 19, after "services." by inserting "No child shall be disenrolled from the MIChild program for failure of the custodial parent to seek court ordered health insurance from the non-custodial parent.".
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:
Roll Call No.109 Yeas--16
Berryman Conroy Koivisto Smith, A.
Byrum DeBeaussaert Miller Smith, V.
Cherry Dingell North Vaughn
Cisky Gougeon Peters Young
Nays--18
Bennett Emmons McManus Schwarz
Bouchard Gast Posthumus Shugars
Bullard Geake Rogers Steil
DeGrow Hoffman Schuette Stille
Dunaskiss Jaye
Excused--2
Hart O'Brien
Not Voting--2
Stallings VanRegenmorter
In The Chair: Schwarz
Senator DeGrow moved that Senator VanRegenmorter be temporarily excused from the balance of today's session.
The motion prevailed.
Senator A. Smith offered the following amendment:
1. Amend page 3, line 19, after "services." by inserting "No child shall be disenrolled from the MIChild program for failure of the family to pay the plan premium.".
The question being on the adoption of the amendment,
Senator A. 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:
Roll Call No.110 Yeas--14
Berryman DeBeaussaert North Smith, V.
Byrum Dingell Peters Vaughn
Cherry Koivisto Smith, A. Young
Conroy Miller
Nays--20
Bennett Dunaskiss Hoffman Schuette
Bouchard Emmons Jaye Schwarz
Bullard Gast McManus Shugars
Cisky Geake Posthumus Steil
DeGrow Gougeon Rogers Stille
Excused--3
Hart O'Brien VanRegenmorter
Not Voting--1
Stallings
In The Chair: Schwarz
Senator Conroy offered the following amendment:
1. Amend page 2, line 27, after "MIChild" by striking out the balance of the subdivision and inserting a period.
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:
Roll Call No.111 Yeas--13
Berryman DeBeaussaert Miller Smith, V.
Byrum Dingell Peters Vaughn
Cherry Koivisto Smith, A. Young
Conroy
Nays--21
Bennett Emmons Jaye Schuette
Bouchard Gast McManus Schwarz
Bullard Geake North Shugars
Cisky Gougeon Posthumus Steil
DeGrow Hoffman Rogers Stille
Dunaskiss
Excused--3
Hart O'Brien VanRegenmorter
Not Voting--1
Stallings
In The Chair: Schwarz
Senator VanRegenmorter entered the Senate Chamber.
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.112 Yeas--25
Bennett Dunaskiss Jaye Schuette
Bouchard Emmons Koivisto Schwarz
Bullard Gast McManus Shugars
Byrum Geake North Steil
Cisky Gougeon Posthumus Stille
DeGrow Hoffman Rogers VanRegenmorter
Dingell
Nays--10
Berryman DeBeaussaert Smith, A. Vaughn
Cherry Miller Smith, V. Young
Conroy Peters
Excused--2
Hart O'Brien
Not Voting--1
Stallings
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
Protests
Senators Conroy, A. Smith and Berryman, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.5532.
Senators Conroy and A. Smith moved that the statements they made during the discussion of the bill be printed as their reasons for voting "no."
The motion prevailed.
Senator Conroy's first statement is as follows:
This amendment is on what they call the MIChild program. There are 156,000 children, who we believe to be the offspring of underemployed parents, who would qualify for a health care program that is being funded primarily from the federal government, but with some mix of state dollars as well. It is a good program, however, my concern, my amendments deal with the co-pay that they would have to pay. A Senator, when going to the prescription counter, has to pay $5.00 to get a prescription filled. So would this child. When that child went to the prescription counter they also have to pay $5.00. I think that is way too much for a family whose father or mother may be making six bucks an hour, seven bucks or $5.25. What is the minimum wage? $5.25? So I am simply reducing the co-pay on that child who needs the health care treatment. From $5.00 down to $2.00.
On the other part of this amendment I am reducing the premium that the child's parents have to pay for that youngster to qualify under this system. It is an $8.00 a month premium, a maximum of $16.00 a month for two or more children. Well, $16.00 a month does not sound like much. I am convinced that if a person was making $6.00 an hour gets their two children on this program, that they indeed may decide against the $16.00 a month and just not join up. That is not what the state wants. The state wants these children to join up and we are going to put up an aggressive effort to do that. I am impressed with the department's willingness to be extremely assertive about corralling all of these 156,000 children who need this health care protection.
This amendment would take that $8.00 a month premium down to zero. I think that that would enhance the number who would sign up dramatically. Now as I say, $8.00 a month or $16.00 a month does not sound like too much when you are a millionaire. It does not sound like too much when you are making what a Senator makes. You would certainly do it. I think that there are a lot of people out there who are worrying about paying the rent bill, who are worrying about getting enough milk, vegetables and protein into their children during that month that they are going to be unwilling to commit to that amount of money. This premium as well as the co-pay only generates about $550,000 a year out of a $94 million program. So it is a small amount of the total piece of the $94 million a year that it is expected to cost. That would be the amount we would have to spend.
So I would urge your thoughtful consideration of these amendments. It simply is a way to increase the number of children who would be signed up by their parents. It would make it easier for them to get treated. I think that the $5.00 co-pay is too much, particularly if the child is getting therapy. We have children who are in the first, second or third grade who sometimes are thought to have some problems with speech, so they have somebody coming in. We have children who need, two and three times a week, treatment for therapy for their speech. It is very effective that those therapists operate to see these children several times a week and they can clear up the problem. It is a dramatic improvement that takes place. Other kinds of extractions would be $5.00. Some prescriptions would be $5.00, not all. So, this would reduce those costs to that family so the money is not the difference in their decision to get health care treatment.
It is going to be a good program. I am confident that we are going to pass it and this more closely reflects what the House sent over to us. So this bill is going to go into conference committee, but I would like at least an expression from this body that we are in support of a reduced amount of co-pays.
These are for working families. We have been working on welfare bills and it leaves kind of a sour taste in the mouth of some of the members here, but these are people who are working. But they are working with more limited amounts of dollars that they earn. I would urge your adoption of this amendment that would be helpful for those families to be able to get on this program and to get their needed health care treatment when they need it.
Senator Conroy's second statement is as follows:
I'd urge a "no" vote on this bill as it is right now. I think that the co-pay is way too high at $5.00 per prescription or extraction or therapy treatment that the child would be needing and that the cost per month per child is way too high as well. I think we can do better than that in conference. I would urge a "no" vote now on this bill.
Senator Conroy's third statement is as follows:
I failed to mention that this program, in this amendment, would be absorbed into the Medicaid system. What the main bill does is it puts it into a private organization running this program, which is, in effect, having another bureaucratic system operating virtually the same kind of a program that Medicaid provides. So, this amendment also agrees with the House in putting this into the Medicaid system where we already have employees recruiting people to be on their system as well as determining benefits and they do quite well with that. So, that also is included in this amendment. I failed to mention that. I urge your adoption.
Senator A. Smith's statement, in which Senator Berryman concurred, is as follows:
I rise to oppose the bill. It is an interesting proposal, but I would urge the conferees to go forward from this chambers into the conference committee to realize that you will not have a unanimous vote behind you on this bill and to please take into consideration those concerns that some of us have on the legislation that will be sent to the conference committee.
This piece of legislation proposes to use a private company to determine eligibility for a state program. I think that is a real problem. It also proposes an administrative program that will be 6% higher than the current administrative program run for Medicaid by the Medical Services Administration here in the state.
There was a proposal, and from the votes on one of the amendments, that a non-required premium is in place so that we have the opportunity to be punitive in having the program extend medical services to children who are uninsured.
I think those are three major problems with this bill as it goes forward. I think we need to look at the premium. We need to look at the co-pay. We need to look at the administration of the program. I urge my colleagues to vote down this bill. Let's do it right and then let's send something that is really a product of this entire chamber forward to the conference committee.
Resolutions
By unanimous consent the Senate proceeded to consideration of the following resolution:
Senate Resolution No.155.
A resolution to memorialize the President of the United States and the Congress of the United States to take immediate and necessary action to return Wojtek Tokarcyzk to his aunt and uncle, Walter and Teresa Tokarcyzk of Alger, who have formally adopted him and to provide for him to become a citizen of the United States of America.
The question being on the adoption of the following committee amendment:
1. Amend the second Whereas clause, line 2, after "the" by striking out "city of Alger" and inserting "community of Alger".
The amendment was adopted.
The resolution, as amended, was adopted.
Senators VanRegenmorter and Miller were named co-sponsors of the resolution.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No.158
The resolution consent calendar was adopted.
Senator Stille offered the following resolution:
Senate Resolution No.158.
A resolution honoring Norm Dodson, Muskegon Township Fire Chief.
Whereas, It is with great respect and appreciation for the hard work and unyielding commitment he has displayed in his service to the citizens of Muskegon Township that we offer tribute to Norm Dodson, Muskegon Township Fire Chief, upon the occasion of his retirement from the Muskegon Township Fire Department. Chief Dodson is retiring after more than 40 years of dedicated service. We offer thanks for his many contributions and praise his efforts. Norm Dodson's guidance, experience, and knowledge will long be remembered throughout the state of Michigan; and
Whereas, A lifelong resident of Muskegon Township, Norm Dodson has compiled a record of involvement and achievement every bit as impressive as the length of his residence. He has served with loyalty to his mission and a sincere concern for the best interest of the fire department and the community. Norm Dodson has gone above and beyond the call of duty, being a professional of the highest caliber; and
Whereas, A veteran of the service with the United States Air Force, Norm Dodson joined the Air Force in 1956, working for the Highway Department when he was home on leave, returning to the department full-time in 1960 and also served as a part-time firefighter; and
Whereas, Norm Dodson became a Muskegon Township police officer in the late 1960s, serving one year as police chief, and in 1985, Norm Dodson became fire chief; and
Whereas, Well-known and highly respected by colleagues and many others in the community, Norm Dodson has distinguished himself as a role model for other firefighters and as a caring and committed citizen. He has kept one step ahead of the many changes and advancements in the field of firefighting and is always willing to share his expertise with others. Norm's record of service has only been matched by the esteem in which he is held by his peers. Clearly, his years of experience and his professionalism will certainly be missed; now, therefore be it
Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded Norm Dodson, Muskegon Township Fire Chief, in recognition of his years of effective service with the Muskegon Township Fire Department; and be it further
Resolved, That a copy of this resolution be transmitted to Norm Dodson as evidence of our admiration and esteem.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Dingell, Berryman, V. Smith and Peters introduced
Senate Joint Resolution Q, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX and adding section 40 to article IX, to provide for revenue sharing distributions to counties, cities, villages, and townships and to guarantee a certain annual increase in state aid to public schools.
The joint resolution was read a first and second time by title and referred to the Committee on Appropriations.
Senator Bouchard introduced
Senate Bill No.1012, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 21 (MCL 205.21), as amended by 1993 PA 13.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators A. Smith, Cherry, O'Brien, Berryman, Young, Cisky, McManus, Schwarz, Vaughn, V. Smith, DeBeaussaert, Byrum, Dingell, Peters and Gast introduced
Senate Bill No.1013, entitled
A bill to provide for the regulation of persons engaged in lead abatement; to create certain boards; to provide for the assessment and abatement of lead-based paint hazards in certain housing and public buildings; to create certain funds; to establish powers and duties of certain state departments and agencies; to provide for standards for certain activities; to define rights and duties of certain persons; to prohibit certain discriminatory practices; to provide for the promulgation of rules; to provide for certain fees; and to provide for remedies and penalties.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
House Bill No.5483, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1603 (MCL 324.1603), as added by 1995 PA 60.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.5511, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2965.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.5566, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 1998 PA 1.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
House Bill No.5607, entitled
A bill to require contractors to provide certain notices to governmental entities concerning improvements on real property; to allow for the modification of contracts for improvement to real property; to provide for remedies; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor and Veterans Affairs.
Statements
Senators Berryman, Young and Bouchard asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Berryman's statement is as follows:
I would like as a statement for the record to reflect on Senate Bill No.949, Senator North's bill on food stamps. I was under a false assumption that it was retroactive and because of that assumption I voted against the bill. I talked to Senator North. It was my mistake. There was no retroactive piece to that, although I do think it's very difficult for someone who is on food stamps, and also has a job, to determine that that money was used for gambling. Anyone who is receiving food stamps certainly does not need to be in casinos and gambling and I agree with that, I think it sets a bad precedent. I would like the record to reflect that because of my misinformation on the bill, which was my fault, there is not a retroactive piece to that. If I had been aware of that, I would have voted in favor of Senate Bill No.949. I'd like the record to reflect that.
Senator Young's statement is as follows:
Today, the Joint Capital Outlay Appropriations Subcommittee reported out a bill that would let the Department of Corrections build 5,000 new prison beds through prison expansion. This called for more money for prison expansion concerns me, especially when the largest portion of the prison population is sex offenders.
Where are our priorities? I can understand the need to make sure that individuals who commit a crime are sent to prison. Yet, we have to start making a commitment to our children. A commitment to Michigan's children means providing them with resources they need to get a good start, then, maybe, we wouldn't have to keep building as many prisons. Our elementary schools need libraries. There are elementary schools across this state that either don't have libraries or those existing libraries are outdated. This is reprehensible. We need to change that.
There is no state commitment to school infrastructure. There are schools falling apart right underneath our noses. This has to stop. We need to provide after-school programs to ensure that our children are safe and are in an environment that encourages learning. We need to make sure that all schools can reduce class sizes.
It's obvious that the squeeze for money will become more and more of a problem. We need to address these issues and we need to address them now. I am calling on my colleagues to join with me in focusing our attention on issues that can prevent the rapids increase in Michigan's prison population. Remember the children. Take care of our children.
Senator Bouchard's statement is as follows:
I'm sorry that more of the colleagues aren't here to hear of an issue that I think will grow in all of our districts. Certainly, it has recently come to my attention, on a personal level, and, that is, how difficult it is for someone to seek assistance in their home for care givers and what kind of hoops government makes you jump through to do that. As the adage goes, "I have met the enemy and it is us," rings extremely clear here. I hold forms that I will be filing today--the IRS, the Department of Michigan's Treasury, the MESC benefits section, a second form with the Department of Treasury, the Social Security Administration and the MESC main office. I'm filing these because we've hired someone to come work in our house to help take care of our children. Recently, on top of this, she left and we are now seeking another person. Almost everybody doesn't want to come work for you if you're going to file these forms with their name on it.
So, I think it's important for us to look at this and how difficult we've made it for full time parents who also happen to be full time employers, for employers outside of the home to find help who is willing to abide by the rules. We've put so many hurdles in place for those who follow the law and follow the rules and yet the ones who don't have to comply with all this silliness. So, at some point, we need to look at potentially changing the laws that exempt a certain portion of income if you're providing care to young children in a home, in a residential setting. Make it easier for men and women who are working to hire someone into their home and give them piece of mind in that they don't have to spend hours and weeks to comply with all of the associated employment forms.
Committee Reports
The Committee on Health Policy and Senior Citizens reported
Senate Bill No.184, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy and Senior Citizens reported
Senate Bill No.700, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16174 and 16221 (MCL 333.16174 and 333.16221), section 16174 as amended by 1993 PA 80 and section 16221 as amended by 1996 PA 594.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale L. Shugars
Chairperson
To Report Out:
Yeas: Senators Shugars, Schwarz, Jaye, Byrum and O'Brien
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy and Senior Citizens submits the following:
Meeting held on Tuesday, March 10, 1998, at 3:00p.m., Room 100, Farnum Building
Present: Senators Shugars (C), Schwarz, Jaye, Byrum and O'Brien
The Committee on Judiciary reported
Senate Bill No.852, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending section 61 (MCL 780.811), as amended by 1996 PA 82.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake and Peters
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.853, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310d, 319, 625, 625a, 625b, and 625c (MCL 257.303, 257.310d, 257.319, 257.625, 257.625a, 257.625b, and 257.625c), sections 303 and 319 as amended by 1996 PA 587, section 310d as amended by 1991 PA 99, sections 625 and 625a as amended by 1996 PA 491, and sections 625b and 625c as amended by 1994 PA 450, and by adding section 5b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake and Peters
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.866, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950a (MCL 600.2950a), as amended by 1997 PA 115.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, V. Smith and Peters
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.874, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950 (MCL 600.2950), as amended by 1997 PA 115.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Peters and V. Smith
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.989, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 33b (MCL 436.33b), as amended by 1996 PA 492.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.990, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1980 PA 159, and section 479a as amended by 1996 PA 586.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake and Peters
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.991, entitled
A bill to amend 1931 PA 214, entitled "An act to enact a law to define the offense of felonious driving, when committed by the operation of a vehicle and to prescribe penalties therefor," by amending section 2 (MCL 752.192).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
William VanRegenmorter
Chairperson
To Report Out:
Yeas: Senators VanRegenmorter, Rogers, Cisky, Geake and Peters
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submits the following:
Meeting held on Tuesday, March 10, 1998, at 1:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators VanRegenmorter (C), Rogers, Cisky, Geake, Dingell, Peters and V. Smith
The Committee on Financial Services reported
Senate Bill No.1007, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 839.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael J. Bouchard
Chairperson
To Report Out:
Yeas: Senators Bouchard, Bennett, Bullard, Berryman and Miller
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Financial Services submits the following:
Meeting held on Wednesday, March 11, 1998, at 2:00p.m., 8th Floor Conference Room, Farnum Building
Present: Senators Bouchard (C), Bennett, Bullard Berryman and Miller
The Committee on Appropriations reported
House Bill No.5250, entitled
A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending section 217 (MCL 38.2217), as amended by 1996 PA 525.
With the recommendation that the following amendment be adopted and that the bill then pass:
1. Amend page 2, line 2, after "courts" by inserting a comma and "FOR EMPLOYER CONTRIBUTIONS REQUIRED UNDER SECTION 714 TO QUALIFIED PARTICIPANTS TIER 2 ACCOUNTS, OR BOTH".
The committee further recommends that the bill be given immediate effect.
Harry Gast
Chairperson
To Report Out:
Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert
Nays: None
The bill and the amendment recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No.5251, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 821a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Harry Gast
Chairperson
To Report Out:
Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No.5532, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Harry Gast
Chairperson
To Report Out:
Yeas: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon and Koivisto
Nays: Senators Conroy, A. Smith, Young and Vaughn
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submits the following:
Meeting held on Wednesday, March 11, 1998, at 2:00p.m., Senate Appropriations Room, Capitol Building
Present: Senators Gast (C), Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, North, Gougeon, Conroy, Koivisto, A. Smith, Young, Vaughn and DeBeaussaert
The Committee on Government Operations reported
Senate Resolution No.130.
A resolution to urge automobile manufacturers to build cars with inside trunk release mechanisms.
(For text of resolution, see Senate Journal No.7, p. 96.)
With the recommendation that the resolution be adopted.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Hoffman and Miller
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Government Operations reported
Senate Resolution No.145.
A resolution to support the establishment of a national lighthouse center and museum at Mackinaw City.
(For text of resolution, see Senate Journal No. 16, p. 256.)
With the recommendation that the resolution be adopted.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Hoffman and Miller
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Government Operations reported
Senate Resolution No.147.
A resolution to memorialize the Congress of the United States to provide full funding for harbor maintenance and lamprey control in the Great Lakes and to urge other Great Lake states to join in this effort.
(For text of resolution, see Senate Journal No. 17, p. 274.)
With the recommendation that the resolution be adopted.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Hoffman and Miller
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Government Operations reported
Senate Resolution No.155.
A resolution to memorialize the President of the United States and the Congress of the United States to take immediate and necessary action to return Wojtek Tokarcyzk to his aunt and uncle, Walter and Teresa Tokarcyzk of Alger, who have formally adopted him and to provide for him to become a citizen of the United States of America.
(For text of resolution, see Senate Journal No.20, p. 336.)
With the recommendation that the following amendment be adopted and that the resolution then be adopted:
1. Amend the second Whereas clause, line 2, after "the" by striking out "city of Alger" and inserting "community of Alger".
Bill Bullard, Jr
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Hoffman and Miller
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Government Operations reported
House Concurrent Resolution No.83.
A concurrent resolution to urge the Department of Education to encourage gun safety education.
(For text of resolution, see Senate Journal No. 14, p. 214.)
With the recommendation that the concurrent resolution be adopted.
Bill Bullard, Jr.
Chairperson
To Report Out:
Yeas: Senators Bullard, Emmons, Hoffman and Miller
Nays: None
The concurrent resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submits the following:
Meeting held on Wednesday, March 11, 1998, at 1:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators Bullard (C), Emmons, Hoffman and Miller
Excused: Senator Hart
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Health submits the following:
Public hearing held on Tuesday, March 10, 1998, at 1:00p.m., Senate Appropriations Room, Capitol Building
Present: Senators Geake (C), Schwarz, McManus, Conroy and A. Smith
Scheduled Meetings
Appropriations Committee - Tuesday, March 17 and Wednesday, March 18, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).
Farming, Agribusiness and Food Systems Committee - Thursday, March 19, at 3:00p.m., Alpine Township Fire Barn, 841 Alpine Church Road, Grand Rapids (3-1725).
Financial Services Committee - Wednesday, March 18, at 1:00p.m., 8th Floor Conference Room, Farnum Building (3-2523).
Government Operations Committee - Wednesday, March 18, at 2:00p.m., Rooms 402 and 403, Capitol Building (3-1758).
Judiciary Committee - Tuesday, March 17, at 1:00p.m., Rooms 402 and 403, Capitol Building (3-6920.)
Senator DeGrow moved that the Senate adjourn.
The motion prevailed, the time being 12:43p.m.
The President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, March 17, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.