The Senate was called to order by the President pro tempore, Senator John J.H. Schwarz.

 

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

 

 

 

 

Reverend Charles Poole of the Bethesda Baptist Church in Muskegon offered the following invocation:

Almighty God, Your wisdom and power formed the universe in all its splendor and mystery. Among the planets, You established the earth and on it You placed Your crowning handiwork, the human family, giving life in the image of Yourself.

We thank You for our planet Earth and for the responsibility You have entrusted to us and for the freedom and wisdom to explore Your universe. Give to us wisdom to protect and care for our environment and all creation that lives in it. We thank You for our nation America, which by Your will is planted in this hemisphere. We thank You for the democratic concept by which our destiny may be formed. We thank You for the ideals and noble aims which continue to endure the attacks of evil and unrighteousness. We thank You that, despite our diversities, we are being woven together by the strong cords of holy purpose. We thank You for our glorious state of Michigan with its unique natural beauty and its great treasure of human resource, committed and dedicated to the perfection of life for everyone.

We thank You for our Governor, our Lieutenant Governor and all of those legislators who come here and for the members of the Senate who address in our behalf the matters of equity and opportunity in the laws and governance of our grand state. We invoke Your blessings upon the Senate this day as they endeavor to meet the challenges of a society troubled by the realities of the delivery system of education, the distribution of welfare, the abuse of children, the breakdown of family, the continuing stronghold of the drug culture, the devaluation of personhood, the violence in the neighborhoods of our cities, the crimes which are enlarging the population of our penal institutions, and the ongoing prejudices and greed which are the diseases that infect our intelligence and hinder the bonding of all the people of our state and nation.

Endow this day and the days ahead, Your servants and the servants of the people with a sense of Your will and purpose. Grant that each will demonstrate love and mercy and justice as foundations for their decisions. In Your name we pray. Amen.

 

The President, Lieutenant Governor Binsfeld, assumed the Chair.

 

 

 

 

Senators Young, Miller and Steil entered the Senate Chamber.

 

Senator DeGrow moved that Senators Bennett, Carl, Gast, Posthumus and Schuette be temporarily excused from today's session.

The motion prevailed.

 

 

Senator DeGrow moved that rule 3.902 be suspended to allow the guest of Senator Stille admittance to the Senate floor.

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

 

 

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 11:

 

The Secretary announced the printing and placement in the members' files on Tuesday, March 11 of:

 

By unanimous consent the Senate proceeded to the order of

 

 

Senators North, McManus and Hoffman introduced

Senate Bill No. 300, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.

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

 

 

 

 

 

 

 

 

 

Please be advised of the following appointment to office, subject to the advice and consent of the Michigan Senate:

Executive Director of the Women's Commission

Mrs. Katherine J. DeGrow, 902 Raeburn Road, Eaton Rapids, Michigan 48827, county of Eaton, as Executive Director, effective April 7, 1997, succeeding Ms. Sharon R. Miller of Texas, who has resigned, for a term expiring at the pleasure of the Governor.

 

 

There are herewith presented for consideration and confirmation by the Senate, the following appointment and reappointment to office:

Michigan Board of Osteopathic Medicine and Surgery

Dr. Ronald L. Rhule, 6327 Skyline Drive, East Lansing, Michigan 48823, county of Ingham, as a member representing professionals, succeeding Dr. Eugene A. Oliveri of Southfield, whose term has expired, for a term expiring on December 31, 2000.

Ms. Patricia A. LaBelle, 741 Birchwood, Traverse City, Michigan 48430, county of Grand Traverse, as a member representing the general public, succeeding herself, whose term has expired, for a term expiring on December 31, 2000.

The appointments were referred to the Committee on Government Operations.

 

Senator Posthumus entered the Senate Chamber.

 

By unanimous consent the Senate proceeded to the order of

 

 

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 President, Lieutenant Governor Binsfeld, designated Senator Emmons 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 without amendment, the following bill:

Senate Bill No. 5, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11151 (MCL 324.11151).

The bill was placed on the order of Third Reading of Bills.

 

 

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

Senate Bill No. 19, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32312a.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

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

Senate Bill No. 21, entitled

A bill to define certain crimes against prenatal children; to define and allow certain practices; and to prescribe certain penalties.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

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

Senate Bill No. 57, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 42 (MCL 800.42), as added by 1989 PA 168.

Substitute (S-8).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

 

 

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

Senate Bill No. 51, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40113a (MCL 324.40113a), as added by 1996 PA 377.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

 

During the Committee of the Whole, Senators Bennett, Gast, Schuette and Carl entered the Senate Chamber.

 

By unanimous consent the Senate returned to the order of

 

 

The following bill was read a third time:

Senate Bill No. 188, 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 V. Smith offered the following amendment:

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator V. Smith offered the following amendment:

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator A. Smith offered the following amendments:

"(2) THE LIABILITY IMPOSED UNDER SUBSECTION (1) DOES NOT APPLY IF THE INDIVIDUAL WHO IS RECEIVING, OR HAS RECEIVED, THE CASH ASSISTANCE IS OR WAS REQUIRED TO BE EMPLOYED AS A CONDITION OF RECEIVING THE CASH ASSISTANCE AND THE INDIVIDUAL IS OR WAS IN COMPLIANCE WITH THAT REQUIREMENT." and renumbering the remaining subsections.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator A. Smith requested the yeas and nays.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

 

 

Senator A. Smith, under her constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 188 and moved that the statements she made during the discussion of the amendment she offered be printed as her reasons for voting "no."

The motion prevailed.

Senator A. Smith's first statement is as follows:

This amendment essentially says that if an individual is lucky enough to have a lottery winning, and is in compliance with the department's work regulations, either the year before or the current year, they would not be subject to the liability under this bill. I talked about this on General Orders and the fact that we have in this state and nation, a paradigm shift on welfare. We are encouraging people to go from welfare to work. When they do work and continue to receive certain benefits, they are fulfilling that social contract that we, the state, have put forward for them. To penalize them for doing work and being lucky enough to win a lottery, seems to be an extraordinarily punitive measure. I urge your support for the amendment.

 

Senator A. Smith's second statement is as follows:

I don't believe the amendment is vague. I believe the amendment is very clear and it is perfectly within the department's ability to determine who is in compliance with the work requirements. That is what they are supposed to review on a regular basis in order to kick them off of general assistance or welfare, if they are not complying with the work requirement. So I don't think there is anything vague about this. The individuals who would be exempted from liability are very well defined. The other point the Senator raised in objection to this amendment, is these are people who are receiving tax dollars. You know, a lot of people in the state of Michigan receive tax dollars from taxpayers who are not on welfare. We have a tremendous amount of corporate support from the tax dollars. We have farmer subsidies from tax dollars, and we have a lot of use of the citizens' tax dollars going to individuals in the state. I guess if we are going to be fair, we ought to be attaching any winnings of those individuals as well. I urge your support for the amendment.

 

 

Senators Shugars, North, Bennett, Dunaskiss, Bullard, Stille, Steil, Schuette, McManus and Hoffman moved that they be named co-sponsors of the following bill:

Senate Bill No. 188

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 193, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 32 (MCL 432.32), as amended by 1996 PA 13.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senators Shugars, Bennett, Bullard and McManus moved that they be named co-sponsors of the following bill:

Senate Bill No. 193

The motion prevailed.

 

 

 

 

House Concurrent Resolution No. 11.

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

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

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

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

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

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

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

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

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

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

--Divergent opinions among scientists who have investigated the issue;

--Exposure misclassification;

--Measurement errors;

--Lack of supporting toxicological data;

--Lack of a plausible toxicological mechanism;

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

--Influence of other variables; and

--The existence of possible alternative explanations; and

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

Resolved by the House of Representatives (the Senate concurring), That we advise and strongly urge the EPA to reaffirm the existing NAAQS for ozone; and be it further

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

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

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

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

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator DeGrow moved that further consideration of the concurrent resolution be postponed temporarily.

The motion prevailed.

 

 

Senate Resolution No. 22.

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

The question being on the adoption of the resolution,

Senator DeBeaussaert offered the following amendments:

Whereas, The EPA estimates that their proposed standard for PM 2.5 will prevent 20,000 premature deaths annually across the country; and

Whereas, Scientists on the Clean Air Science Advisory Committee (CASAC) panel voted 19-2 that some new standard should be set to regulate PM 2.5;".

The question being on the adoption of the amendments,

Senator Bennett offered the following amendments to the amendments:

The question being on the adoption of the amendments to the amendments,

Senator DeBeaussaert requested the yeas and nays.

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

The amendments were adopted, a majority of the members voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The amendments, as amended, were adopted.

Senator Van Regenmorter offered the following amendment:

Whereas, the issue of transported volatile organic compounds is not adequately addressed;".

The amendment was adopted.

The question being on the adoption of the resolution,

Senator Bennett requested the yeas and nays.

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

The resolution was adopted, a majority of the members voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House Concurrent Resolution No. 11.

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

(This concurrent resolution was received from the House earlier today, rule 3.204 suspended and consideration postponed. See p. 248.)

The question being on the adoption of the concurrent resolution,

Senator Van Regenmorter offered the following amendment:

Whereas, the issue of transported volatile organic compounds is not adequately addressed;".

The amendment was adopted.

The question being on the adoption of the concurrent resolution,

Senator Bennett requested the yeas and nays.

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

The concurrent resolution was adopted, a majority of the members voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

Senators DeBeaussaert, Peters, A. Smith, Conroy and Berryman, under their constitutional right of protest (Art. IV, Sec. 18), protested against the adoption of Senate Resolution No. 22 and House Concurrent Resolution No. 11.

Senator DeBeaussaert moved that the statements he made during the discussion of the amendments he offered be printed as his reasons for voting "no."

The motion prevailed.

Senator DeBeaussaert's first statement, in which Senators Peters, A. Smith on Senate Resolution No. 22, Conroy and Berryman concurred, is as follows:

This is the resolution that would deal with the E.P.A. proposals relative to the Clean Air Act. This amendment that I have offered addresses what I think is a major flaw in the resolution as it was drafted and presented before us. It seems to me that all the discussion, the debate and the opposition--or at least a good part of it--that we have heard has been from those who have argued that our decisions in this area should be based on sound science. It should be noted that before any standard is set by the E.P.A., they bring together a panel of scientists. It is a group called CASAC. It stands for the Clean Air Science Advisory Committee. They review the scientific studies and they make recommendations as they did in this case. Well, the CASAC group by a vote of 19 to two; I should mention that this CASAC panel includes scientists from a variety of backgrounds and includes a number of scientists with business perspectives; that panel, again by a 19 to two vote, suggested that the E.P.A. establish a new standard for particulate matter 2.5. It is true that they could not agree on what the standard should be, but they did agree that a standard should be set due to adverse health and human exposure problems from the current levels.

So my amendment to this resolution reaches the same conclusion that the advisory committee reached--that a new standard should be set based on sound science at a level in which the benefits would far outweigh the costs, so that we can then establish a standard, through the E.P.A., that will in fact protect the public health. The resolution that we have before us recommends that no standard be set for PM 2.5 and that is directly contrary to the scientists almost unanimous recommendation. It is important to note that the E.P.A. cites studies in its estimates that the current level of exposure is causing 40,000 premature deaths a year, mainly senior citizens and people with respiratory problems. I do not think that we should ignore the scientists and I do not think we should ignore the tremendous human health costs that are involved in this issue. We should consider that in this resolution and that is why I would ask that my amendment be adopted.

 

Senator DeBeaussaert's second statement, in which Senators Peters, A. Smith on Senate Resolution No. 22, Conroy and Berryman concurred, is as follows:

I thank the Secretary for that clarification, because it is a very important distinction to make. The problem with the amendment to the amendment is that it continues to ignore the fact that there already is a consensus among the scientific community, at least as expressed by the Clean Air Science Advisory Committee--the CASAC group. It is a 19 to two vote that there should be a new standard and it should be established. They could not agree on what the standard should be. That is what my amendment suggests, that there should be a new standard and it should be developed. I think that the amendment does not make that clear. It does not recognize that there is already a clear consensus in the scientific community demonstrated through that panel and I would oppose the amendments to the amendment.

 

Senator DeBeaussaert's third statement, in which Senators Peters, A. Smith on Senate Resolution No. 22, Conroy and Berryman concurred, is as follows:

I intend to vote against this resolution. Not because I would argue in favor of the E.P.A. proposal. I think there are serious concerns about that proposal that the scientific committee and others have raised that deserve much more deliberation before I could endorse their call for the standards that they have established. I think that the call for sound science in this debate and through these arguments is a valid and important one. It is a serious issue of public health concern and it is a serious economic issue. We should be basing our discussion or determinations on sound science, but it seems that there are some who would follow that call for sound science until the scientific community says something that they may not want to hear.

In this case the CASAC group, the science advisors on this clean air act, have clearly said that the standards for particulate matter should be changed--that there should be a new standard. They cannot agree on what that new standard should be, but they believe the current standard is inadequate. That is what I tried to fix through the amendment that I offered. The language that now is before us does not really address that concern, that the scientific community believes that a new standard should be established. It does not state that as clearly here as I feel should be stated. So, in light of that, in light of the scientific arguments in favor of a specific standard being established and the lack of an endorsement of that approach in this resolution, I intend to vote "no."

 

 

 

 

 

The Senate Fiscal Agency Board of Governors submits the following:

Meeting held on Wednesday, February 26, 1997, at 12:00 Noon, Elijah Myers Room, Capitol Building

Present: Senators McManus, Emmons, Schwarz and Conroy

 

 

 

The Committee on Crime Classification, Michigan Sentencing Commission, submits the following:

Meeting held on Thursday, March 6, 1997, at 5:00 p.m., 6820 South Cedar Street, Holiday Inn South, Ballroom G, Lansing, Michigan

Present: Senator Dingell

 

The Michigan Sentencing Commission submits the following:

Meeting held on Thursday, March 6, 1997, at 7:00 p.m., 6820 South Cedar Street, Holiday Inn South, Ballroom G, Lansing, Michigan

Present: Senator Dingell

Excused: Senators Cisky, Van Regenmorter and V. Smith

 

 

 

The Committee on Offense Variable/Prior Record, Michigan Sentencing Commission, submits the following:

Meeting held on Friday, March 7, 1997, at 8:15 a.m., 6820 South Cedar Street, Holiday Inn South, Ballroom G, Lansing, Michigan

Excused: Senators Van Regenmorter and V. Smith

 

 

 

The Michigan Sentencing Commission submits the following:

Meeting held on Friday, March 7, 1997, at 9:30 a.m., 6820 South Cedar Street, Holiday Inn South, University Room A, Lansing, Michigan

Present: Senator Dingell

Excused: Senators Cisky, Van Regenmorter and V. Smith

 

 

 

The Committee on Families, Mental Health and Human Services submits the following:

Public hearing held on Friday, March 7, 1997, at 1:00 p.m., 400 Boardman, Commission Chambers, Governmental Center, Traverse City, Michigan

Present: Senator Gougeon

Excused: Senators Bouchard, Geake, V. Smith and Peters

 

 

 

The Committee on Families, Mental Health and Human Services submits the following:

Public hearing held on Monday, March 10, 1997, at 10:00 a.m., 7400 Bay Road, Curtiss Hall, Rooms D and E, Saginaw Valley State University, Saginaw, Michigan

Present: Senators Gougeon and Geake

Excused: Senators Bouchard, V. Smith and Peters

 

 

 

The Committee on Health Policy and Senior Citizens submits the following:

Meeting held on Monday, March 10, 1997, at 11:00 a.m., 45175 West Ten Mile Road, Novi City Hall, City Council Chamber, Novi, Michigan

Present: Senators Shugars, Bullard, and Byrum

Excused: Senators Schwarz and O'Brien

 

 

 

The Subcommittee on Transportation submits the following:

Meeting held on Tuesday, March 11, 1997, at 11:20 a.m., Senate Appropriations Room, Capitol Building

Present: Senators Hoffman, DeGrow and O'Brien

 

The Committee on Finance submits the following:

Public hearing held on Tuesday, March 11, 1997, at 1:15 p.m., Room 810, Farnum Building

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

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:39 a.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Thursday, March 13, at 10:00 a.m.