Senator Virgil C. Smith, Jr. of the 2nd District offered the following invocation:

Dear Lord, we come before You once again, first thanking You for allowing us to see a new year. As we enter new sessions, face new tests and new situations, we ask that You place Your guiding light before us so that our paths will be lighted to see the direction You would have for us to go. Help us all to work in unity and remember the decisions we make in these sessions will affect the lives of people. We ask that You continue to be in our direction and in our lives everyday. In Jesus' name. Amen.

 

 

 

 

Senator Schuette entered the Senate Chamber.

 

Senator DeGrow moved that Senators Bullard, Dunaskiss and Schwarz be temporarily excused from today's session.

The motion prevailed.

 

 

The following communications were 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 4:47 p.m. this date, administrative rule (97-1-2) for the Department of Consumer and Industry Services, Bureau of Occupational and Professional Regulation, entitled "Occupational Therapists," effective 15 days hereafter.

 

 

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 4:49 p.m. this date, administrative rule (97-1-3) for the Department of Consumer and Industry Services, Bureau of Occupational and Professional Regulation, entitled "Dentistry," effective 15 days hereafter.

The communications were referred to the Secretary for record.

 

 

The Secretary announced the printing and placement in the members' files on Wednesday, February 5 of:

 

Senators Dunaskiss and Bullard entered the Senate Chamber.

 

 

 

 

Senator Gougeon moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Binsfeld, designated Senator Gougeon as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Binsfeld, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

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.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

"(2) AND, EXCEPT AS OTHERWISE REQUIRED BY FEDERAL LAW, NO OTHER MINIMUM HOURLY WAGE RATE SHALL BE EFFECTIVE IN THIS STATE.".

(10) AN EMPLOYER SHALL MAINTAIN IN AN EMPLOYEE'S PAY RECORD A STATEMENT OF COMPENSATORY TIME EARNED BY THAT EMPLOYEE IN THE PAY PERIOD THAT THE PAY RECORD IDENTIFIES.

(11) AN EMPLOYER SHALL PROVIDE AN EMPLOYEE WITH A RECORD OF COMPENSATORY TIME EARNED BY OR PAID TO THE EMPLOYEE IN A STATEMENT OF EARNINGS FOR THE PERIOD IN WHICH THE COMPENSATORY TIME IS EARNED OR PAID.

(12) UPON PROVIDING AN EMPLOYER WITH AT LEAST 30 DAYS' WRITTEN NOTICE, AN EMPLOYEE MAY DESIGNATE THE PERIOD IN WHICH HE OR SHE ELECTS TO RECEIVE PAYMENT FOR COMPENSATORY TIME THAT HE OR SHE HAS ACCRUED.

(13) PAYMENT OF COMPENSATORY TIME SHALL BE AT THE EMPLOYEE'S REGULAR PAY RATE IN EFFECT ON THE DATE OF THE COMPENSATORY TIME PAYMENT.

(14) UPON THE VOLUNTARY OR INVOLUNTARY TERMINATION OF AN EMPLOYEE'S EMPLOYMENT, AN EMPLOYER SHALL PAY TO THE EMPLOYEE ALL COMPENSATORY TIME THAT THE EMPLOYEE HAS ACCRUED.

(15) AN EMPLOYER SHALL NOT REDUCE AN EMPLOYEE'S WAGE RATE TO MINIMIZE PAYMENT OF COMPENSATORY TIME ACCRUED TO THAT EMPLOYEE.".

"(2) AS USED IN THIS SECTION, "GRATUITIES" MEANS TIPS OR VOLUNTARY MONETARY CONTRIBUTIONS RECEIVED BY AN EMPLOYEE FROM A GUEST, PATRON, OR CUSTOMER FOR SERVICES RENDERED TO THAT GUEST, PATRON, OR CUSTOMER AND THAT THE EMPLOYEE REPORTS TO THE EMPLOYER FOR PURPOSES OF THE FEDERAL INSURANCE CONTRIBUTION ACT, CHAPTER 21 OF SUBTITLE C OF THE INTERNAL REVENUE CODE OF 1986, 26 U.S.C. 3101 TO 3128.

Sec. 13. (1) If any employer pays any employee a lesser amount than the minimum wage provided in this act, the employee, at any time within 3 years, may:

(a) bring BRING a civil action for the recovery of the difference between the amount paid and the minimum wage provided in this act and an equal additional amount as liquidated damages together with costs and such reasonable attorney's fees as may be allowed by the court. , and/or

(b) file FILE a claim with the commissioner who shall investigate the claim.

(2) If the commissioner determines there is reasonable cause to believe that the employer has violated the provisions of this act and the commissioner is subsequently unable to obtain voluntary compliance by the employer within a reasonable period of time, the commissioner shall bring a civil action under the procedures and remedies as provided in clause (a). No SUBSECTION (1)(A). THE COMMISSIONER MAY INVESTIGATE AND FILE A CIVIL ACTION UNDER SUBSECTION (1)(A) ON BEHALF OF ALL EMPLOYEES SIMILARLY SITUATED WHO HAVE NOT BROUGHT A CIVIL ACTION UNDER SUBSECTION (1)(A). A contract or agreement between the employer and the employee or any acceptance of a lesser wage by the employee shall be IS NOT a bar to the action.

(3) IN ADDITION TO BEARING LIABILITY FOR CIVIL REMEDIES DESCRIBED IN THIS SECTION, AN EMPLOYER WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $1,000.00.".

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.

 

During the Committee of the Whole, Senator Schwarz entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senator Shugars offered the following resolution:

Senate Resolution No. 16.

A resolution memorializing the United States Congress to allow the states more flexibility to implement the federal Older Americans Act.

Whereas, Our nation's growing population of elderly citizens face many problems as they age. Many become increasingly vulnerable to poverty, illness, and injury, and need assistance to maintain a healthy and safe lifestyle during their retirement years. As individuals who have demonstrated a lifelong commitment to personal responsibility, work, family, community service, and thriftiness, they have reasonably come to expect that their retirement will truly be their golden years. We recognize the many contributions of our seniors to society and accept our role in meeting society's obligation to assist the elderly when they are threatened with illness and poverty; and

Whereas, Our current system of providing assistance to our elderly population has grown in a haphazard and ill-planned manner. Our system of providing a safety net to senior citizens is fragmented, with overlapping responsibilities. Its very complexity has created a byzantine bureaucracy that is difficult for even experts to understand, let alone seniors and their families who need help. In addition, the very nature of programs directed by distant officials makes it difficult to encourage local and voluntary support for programs for the elderly. Services based on input from communities would generate more of a sense of responsibility amongst individuals and encourage volunteerism; and

Whereas, Steps that must be taken include consolidating and streamlining programs for the elderly in order to respond to the multiple needs of individual older Americans. Most important, Congress must allow the states the flexibility to allocate federal resources to programs and services based on the needs of each community. Federal funding based on set-asides and tied to federal conditions for receipt are too restrictive. States must be allowed to design services and programs in a manner that responds to the changing needs of senior citizens. This will allow states to ensure that funds are targeted to those most vulnerable to the impact of aging. By consolidating programs and services, granting states greater flexibility, and refraining from imposing unfunded mandates on the states, the federal government can take a dramatic and vital step towards the goal of making the retirement years of our senior citizens more secure; now, therefore, be it

Resolved by the Senate, That we memorialize the United States Congress to allow the states more flexibility to implement the federal Older Americans Act; and be it further

Resolved, That a copy of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Health Policy and Senior Citizens.

The motion prevailed.

Senators Emmons and McManus were named co-sponsors of the resolution.

 

 

Senator Shugars offered the following resolution:

Senate Resolution No. 17.

A resolution to memorialize the Congress of the United States to amend the Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologics.

Whereas, Improving patient access to quality health care is a paramount national goal. A key to improving health care, especially for people with serious unmet medical needs, is the rapid approval of safe and effective new drugs, biologic products, and medical devices; and

Whereas, The United States has long been the world leader in discovering new medicines and applications of research. In spite of this, more than half of the new drugs and biologics approved by the Food and Drug Administration in recent years were available to patients in other countries first. This is a heartbreaking fact for individuals and families in our country faced with debilitating diseases; and

Whereas, It is vitally important for federal regulators to work with private and public sector researchers to minimize delays between discovery and eventual approval. With our nation's resources and innovations in pharmacology and biotechnology, millions of Americans would benefit; and

Whereas, Current limitations on the dissemination of information about pharmaceutical products reduce the availability of needed information for physicians, other health care providers, patients, and their families. These limitations, which many feel are in violation of free speech, curtail other advances and innovations; and

Whereas, There are many steps that can be taken without compromising the Food and Drug Administration's ability to ensure the safety and efficacy of new medicines, products, or devices. Changes to federal law are essential to this effort; and

Whereas The current rules and practices governing the review of new drugs, biologics, and medical devices by the United States Food and Drug Administration delay approvals and are unnecessarily expensive; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to amend the Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologics; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator DeGrow moved that the resolution be referred to the Committee on Health Policy and Senior Citizens.

The motion prevailed.

Senators Emmons and McManus were named co-sponsors of the resolution.

 

 

Senators Emmons, Steil, Bullard, Carl, McManus, Geake, Gast, North, Shugars and Schuette offered the following resolution:

Senate Resolution No. 18.

A resolution to memorialize the Congress of the United States to enact legislation to provide for the enforcement of the Tenth Amendment to the United States Constitution.

Whereas, The Tenth Amendment to the United States Constitution provides:

The powers not delegated to the United States by the Constitution,

nor prohibited by it to the States, are reserved to the States respectively,

or to the people.

Whereas, In spite of the constitutional recognition of the authority of states, Congress, using its authority to regulate commerce among the states, has repeatedly preempted state laws. Congressional actions affecting state laws involve many issues, including health, transportation, communications, banking, environment, and civil justice. These actions have reduced the states' ability to respond to local needs; and

Whereas, More than half of all federal laws preempting states have been enacted by Congress since 1969. This trend has intensified an erosion of state power that leaves an essential part of our constitutional structure--federalism-- standing precariously; and

Whereas, The United States Constitution anticipates that our American federalism will allow differences among state laws. This structure expects people to seek change through their own state legislative bodies without federal legislators from other states imposing national laws; and

Whereas, The relationship between the states and the federal government established in the "Supreme Law of the Land" is predicated on the states having genuine authority and powers not usurped at the federal level; and

Whereas, Less federal preemption means states can act as laboratories for democracy and act on novel social and economic policies without risk to the entire nation; and

Whereas, During the 104th Congress, our federal lawmakers considered legislation to provide specific mechanisms to help protect the authority of the states. This legislation, known as "The Tenth Amendment Enforcement Act of 1996," would have set in place mechanisms for all three branches of the federal government to follow. For example, the legislative branch would be required to include a statement of constitutional authority and an expression of intent. The executive branch agencies would be curbed from exceeding their authority. The judicial branch would defer to state laws where Congress is not clear in its intent to preempt; and

Whereas, Legislation like the Tenth Amendment Enforcement Act of 1996 addresses fundamental issues of federalism and is timely and needed; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation to provide for the enforcement of the Tenth Amendment to the United States Constitution; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senators Hoffman, Rogers, Gougeon, Bouchard and Bennett were named co-sponsors of the resolution.

 

 

Senator Shugars offered the following concurrent resolution:

Senate Concurrent Resolution No. 7.

A concurrent resolution to memorialize the Congress of the United States to amend the Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs and biologics.

Whereas, Improving patient access to quality health care is a paramount national goal. A key to improving health care, especially for people with serious unmet medical needs, is the rapid approval of safe and effective new drugs, biologic products, and medical devices; and

Whereas, The United States has long been the world leader in discovering new medicines and applications of research. In spite of this, more than half of the new drugs and biologics approved by the Food and Drug Administration in recent years were available to patients in other countries first. This is a heartbreaking fact for individuals and families in our country faced with debilitating diseases; and

Whereas, It is vitally important for federal regulators to work with private and public sector researchers to minimize delays between discovery and eventual approval. With our nation's resources and innovations in pharmacology and biotechnology, millions of Americans would benefit; and

Whereas, Current limitations on the dissemination of information about pharmaceutical products reduce the availability of needed information for physicians, other health care providers, patients, and their families. These limitations, which many feel are in violation of free speech, curtail other advances and innovations; and

 

 

Senators Emmons, Shugars, Steil, Carl, McManus, Bullard, Geake, Gast, North and Schuette offered the following concurrent resolution:

Senate Concurrent Resolution No. 9.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide for the enforcement of the Tenth Amendment to the United States Constitution.

Whereas, The Tenth Amendment to the United States Constitution provides:

The powers not delegated to the United States by the Constitution,

nor prohibited by it to the States, are reserved to the States respectively,

or to the people.

Whereas, In spite of the constitutional recognition of the authority of states, Congress, using its authority to regulate commerce among the states, has repeatedly preempted state laws. Congressional actions affecting state laws involve many issues, including health, transportation, communications, banking, environment, and civil justice. These actions have reduced the states' ability to respond to local needs; and

Whereas, More than half of all federal laws preempting states have been enacted by Congress since 1969. This trend has intensified an erosion of state power that leaves an essential part of our constitutional structure--federalism-- standing precariously; and

Whereas, The United States Constitution anticipates that our American federalism will allow differences among state laws. This structure expects people to seek change through their own state legislative bodies without federal legislators from other states imposing national laws; and

Whereas, The relationship between the states and the federal government established in the "Supreme Law of the Land" is predicated on the states having genuine authority and powers not usurped at the federal level; and

Whereas, Less federal preemption means states can act as laboratories for democracy and act on novel social and economic policies without risk to the entire nation; and

Whereas, During the 104th Congress, our federal lawmakers considered legislation to provide specific mechanisms to help protect the authority of the states. This legislation, known as "The Tenth Amendment Enforcement Act of 1996," would have set in place mechanisms for all three branches of the federal government to follow. For example, the legislative branch would be required to include a statement of constitutional authority and an expression of intent. The executive branch agencies would be curbed from exceeding their authority. The judicial branch would defer to state laws where Congress is not clear in its intent to preempt; and

Whereas, Legislation like the Tenth Amendment Enforcement Act of 1996 addresses fundamental issues of federalism and is timely and needed; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to provide for the enforcement of the Tenth Amendment to the United States Constitution; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

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

 

 

Senate Concurrent Resolution No. 6.

A concurrent resolution prescribing the Joint Rules of the Senate and House of Representatives.

(For text of resolution, see Senate Journal No. 6, p. 67.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

 

 

Senators Bennett and Bouchard introduced

Senate Joint Resolution G, entitled

A joint resolution ratifying the proposed amendment to the constitution of the United States to require a balanced federal budget.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.

 

 

Senator Shugars introduced

Senate Bill No. 134, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2027 (MCL 500.2027).

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