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

 

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

 

 

 

 

As we approach this final week of the month of October, which ends in the Allhallows celebration commonly called Halloween, we must remember all the young folks who will be on the streets this weekend, and do all we can to keep them safe and sound. The same issues pertain in this legislature, and as we look forward to the passage of legislation, we continually keep the next generation in mind and do all those kinds of things that will make them sound in mind and body. We ask divine help and intervention in carrying out these responsibilities. We pray in the Lord's name. Amen.

 

 

 

 

Senators Gast, Stallings and Geake entered the Senate Chamber.

 

Senator DeGrow moved that Senators Posthumus and Van Regenmorter be excused from today's session.

The motion prevailed.

 

 

The following communication was received:

Enclosed is a copy of my Oath of Office, dated October 17, 1997, relative to my appointment as Auditor General. Please read it into the record.

Thank you for your consideration.

 

 

I, Thomas H. McTavish, do solemnly swear that as Auditor General of the State of Michigan, I will support and defend the Constitution of the United States of America and the Constitution of the State of Michigan, and that I will faithfully discharge the duties of the Michigan Office of the Auditor General according to the best of my ability.

 

The communication was referred to the Secretary for record.

 

 

The following communication was received:

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the Children's Protective Services Program, Family Independence Agency, October 1997.

The communication was referred to the Secretary for record.

 

 

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 1:13 p.m. this date, administrative rule (97-10-5) for the Department of Consumer and Industry Services, Safety Standards Division, entitled "Part 20. Underhung Cranes and Monorail Systems," 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 1:14 p.m. this date, administrative rule (97-10-6) for the Department of Consumer and Industry Services, Safety Standards Division, entitled "Part 12. Scaffolds and Scaffold Platforms," effective 15 days hereafter.

The communications were referred to the Secretary for record.

 

 

The Secretary announced the enrollment printing and presentation to the Governor on October 23, for his approval the following bills:

Enrolled Senate Bill No. 444 at 2:55 p.m.

Enrolled Senate Bill No. 19 at 2:57 p.m.

Enrolled Senate Bill No. 262 at 2:59 p.m.

Enrolled Senate Bill No. 277 at 3:01 p.m.

Enrolled Senate Bill No. 408 at 3:03 p.m.

Enrolled Senate Bill No. 414 at 3:05 p.m.

 

The Secretary announced the printing and placement in the members' files on Friday, October 24 of:

 

The Secretary announced the printing and placement in the members' files on Monday, October 27 of:

 

 

Senator DeGrow moved that the Committee on Transportation and Tourism be discharged from further consideration of the following bill:

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 219, 233, 732, and 904 (MCL 257.217, 257.219, 257.233, 257.732, and 257.904), section 217 as amended by 1996 PA 59, section 219 as amended by 1985 PA 67, section 233 as amended by 1980 PA 398, section 732 as amended by 1996 PA 493, and section 904 as amended by 1994 PA 450; and to repeal acts and parts of acts.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator DeGrow moved that the bill be referred to the Committee on Judiciary.

The motion prevailed.

 

 

 

 

The following messages from the Governor were received:

 

Madam--I have this day approved and signed

Enrolled Senate Bill No. 414 (Public Act No. 118), being

An act to amend 1972 PA 284, entitled "An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts," by amending sections 132, 151, 209, 212, 217, 301, 302, 303, 336, 344, 345, 404, 415, 421, 472, 489, 491a, 528, 551, 564a, 564b, 567, 602, 611, 631, 641, 701, 703a, 706, 707, 712, 724, 735, 751, 753, 762, 801, 805, 811, 817, 842a, 855a, 1011, 1041, 1042, and 1062 (MCL 450.1132, 450.1151, 450.1209, 450.1212, 450.1217, 450.1301, 450.1302, 450.1303, 450.1336, 450.1344, 450.1345, 450.1404, 450.1415, 450.1421, 450.1472, 450.1489, 450.1491a, 450.1528, 450.1551, 450.1564a, 450.1564b, 450.1567, 450.1602, 450.1611, 450.1631, 450.1641, 450.1701, 450.1703a, 450.1706, 450.1707, 450.1712, 450.1724, 450.1735, 450.1751, 450.1753, 450.1762, 450.1801, 450.1805, 450.1811, 450.1817, 450.1842a, 450.1855a, 450.2011, 450.2041, 450.2042, and 450.2062), sections 132, 212, 217, 301, 302, 303, 404, 415, 567, 602, 701, 706, 707, 762, 801, 817, and 1041 as amended and sections 336, 489, 491a, 564a, 703a, 724, and 855a as added by 1989 PA 121, sections 209, 344, 345, 472, 528, 551, 564b, 631, 712, 735, 753, 805, 811, 842a, 1042, and 1062 as amended by 1993 PA 91, and section 641 as amended by 1982 PA 407, and by adding sections 406, 488, and 736; and to repeal acts and parts of acts.

(Filed with the Secretary of State on October 24, 1997, at 3:40 p.m.)

 

 

Madam--I have this day approved and signed

Enrolled Senate Bill No. 118 (Public Act No. 119), being

An act to amend 1984 PA 192, entitled "An act to regulate the use, installation, alteration, and servicing of specified heating, cooling, ventilating, and refrigerating equipment and systems; to create a board of mechanical rules; to provide for the licensing of installing contractors and of servicing contractors of heating, cooling, ventilating, and refrigerating equipment and systems; to prescribe fees; to provide for the promulgation of rules; and to prescribe penalties," by amending section 10 (MCL 338.980), as amended by 1989 PA 105.

(Filed with the Secretary of State on October 24, 1997, at 3:42 p.m.)

 

 

Madam--I have this day approved and signed

Enrolled Senate Bill No. 119 (Public Act No. 120), being

An act to amend 1956 PA 217, entitled "An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act," by amending section 3 (MCL 338.883), as amended by 1992 PA 130.

(Filed with the Secretary of State on October 24, 1997, at 3:44 p.m.)

 

 

Madam--I have this day approved and signed

Enrolled Senate Bill No. 120 (Public Act No. 121), being

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

(Filed with the Secretary of State on October 24, 1997, at 3:46 p.m.)

 

 

 

 

The following message from the Governor was received and read:

Please be advised that the term expiration on the letter dated October 17, 1997, for Seymour Podolsky was incorrect and should read as follows:

Liquor Control Commission

Mr. Seymour E. Podolsky, 19000 Fairway Drive, Detroit, Michigan 48221, county of Wayne, as a member representing Democrats, succeeding himself, for a term expiring on October 16, 1999.

The message was referred to the Committee on Government Operations.

 

 

Senator DeGrow moved that the order of Messages from the House be postponed for today.

The motion prevailed.

 

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 Berryman 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 bills:

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354.

 

 

A bill to amend 1969 PA 319, entitled "Banking code of 1969," by amending section 171 (MCL 487.471), as amended by 1997 PA 49.

 

 

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).

 

 

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 21 (MCL 389.21).

The bills were placed on the order of Third Reading of Bills.

 

 

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 263 and 264 (MCL 750.263 and 750.264); and to repeal acts and parts of acts.

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

(A) IF THE OWNER OF THE IDENTIFYING MARK REQUESTS, RETURN THE ITEM TO THAT OWNER FOR DESTRUCTION OR ANOTHER DISPOSITION OR USE APPROVED BY THE COURT.

(B) IN THE ABSENCE OF A REQUEST UNDER SUBDIVISION (A), ORDER THE SEIZING LAW ENFORCEMENT AGENCY TO DESTROY THE ITEM AS CONTRABAND OR ORDER AN ALTERNATIVE DISPOSITION OR USE WITH THE CONSENT OF THE OWNER OF THE IDENTIFYING MARK.".

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

 

 

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.

The following is the amendment recommended by the Committee of the Whole:

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

 

 

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948), by adding section 2964.

The following is the amendment recommended by the Committee of the Whole:

The Senate agreed to the amendment recommended by the Committee of the Whole and the bill as amended 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:

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 2167 (MCL 600.2167), as amended by 1993 PA 288.

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:

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114, 5115, 5116, 5117, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8401, 8402, 8403, 8404, 8405, and 8406 (MCL 440.5101, 440.5102, 440.5103, 440.5104, 440.5105, 440.5106, 440.5107, 440.5108, 440.5109, 440.5110, 440.5111, 440.5112, 440.5113, 440.5114, 440.5115, 440.5116, 440.5117, 440.8101, 440.8102, 440.8103, 440.8104, 440.8105, 440.8106, 440.8107, 440.8108, 440.8201, 440.8202, 440.8203, 440.8204, 440.8205, 440.8206, 440.8207, 440.8208, 440.8301, 440.8302, 440.8303, 440.8304, 440.8305, 440.8306, 440.8307, 440.8401, 440.8402, 440.8403, 440.8404, 440.8405, and 440.8406), sections 5114, 8102, 8103, 8104, 8105, 8106, 8107, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8301, 8302, 8304, 8305, 8306, 8307, 8401, 8402, 8403, 8404, 8405, and 8406 as amended and section 8108 as added by 1987 PA 16, and by adding sections 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8116, 8210, 8501, 8502, 8503, 8504, 8505, 8506, 8507, 8508, 8509, 8510, 8511, and 8601; and to repeal acts and parts of acts.

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.

 

 

 

 

 

 

 

After the Auditor General's report, I don't think you can call them anecdotal stories any longer. The Auditor General's report (I would hope that you would get a copy of and read) points out some severe shortcomings with FIA, especially in substantiation of physically and sexually abused children. Madam Governor, I give you credit for your involvement in this issue and in getting bills passed through the Senate. There are bills that are now in the House and I would love to encourage my colleagues in the House that if they can improve the bills, well, let's work together to make sure that policy is put in place, that you don't have to have a report like this issued that continues to leave children at risk, in danger of continually being abused physically and sexually. Madam President, even after your report, after the Children's Ombudsman report and after the Senate Democratic task force on protecting Michigan's children. Today there still has not been one bill that passed the Senate, passed the House and been signed by the Governor to make children safer today than they were before those reports were issued. Just because you don't see it on the front page of the paper every day, don't think that this problem has gone away, because it hasn't. So far we have nothing to ensure that those policies change by law, by statute, to do a better job of protecting Michigan's children.

I encourage us not on a partisan basis, not on a one-upmanship, but on a bipartisan basis working together to do what's right, not politically right, but what's right for children and for families. That's to do a better job of protecting Michigan's children, a better job of not leaving children in neglectful and abusive situations. Someday, sometime we're going to stand up to that responsibility and do a better job of stopping that abuse. So far we have failed. Children across the state are depending on everyone of us to drop the political bantering back and forth and work together to do a better job, a much better job, so you don't have to read a report like this that tells us today that children still are at risk.

 

Senator Gougeon's statement is as follows:

Having listened to the good Senator from the 17th District, I felt a response was necessary. I certainly agree in principle with much of what he said. We should work together for the benefit of children here in the state of Michigan and indeed we have. But I think it would be fair, Senator, to point out that the Auditor's Report was for work done by the FIA in 1994 and 1995. And in 1995 when the Binsfeld Commission on Children's Report came out containing some 197 recommendations, that many, if not all, of those recommendations were put into policy and are currently being followed by the FIA and, yes, 11 bills have been passed on a bi-partisan basis in this Michigan Senate and consist of some 47 of those Binsfeld Commission on Children recommendations put into statute. Now those bills sit over in the House and I appreciate that you have joined with me in urging the House to pass those bills. Those bills are sitting in committees headed by Democratic Chairmen over in the House of Representatives. I would hope that you and I could urge them to start taking up those bills that have been sitting there since last spring with no action at all. That's where the bottleneck is. That is where the holdup is--not in this Michigan Senate.

I appreciate the fact that you want to work with me and every member of this Senate to do everything we can for children. But I don't think that we should say today on the Floor of this Senate that the Family Independence Agency is doing nothing. I have met with the leadership of the Family Independence Agency on this Auditor General's Report and, indeed, we have gone over it and I have a list of all of the changes that have been made. This was 1994-95 in a limited number of counties in the state of Michigan, not all over the state of Michigan that that Auditor General's Report covers. You know that, Senator, as well as I do. But there has been substantial changes for the better in the operation of the FIA and with all due respect, we should give them credit. We should give our new director credit. We should give our Lieutenant Governor credit for all the effort. We're on the right track concerning children here in the state of Michigan.

 

Senator Peters' statement is as follows:

I am pleased to announce that Senator Schwarz and I are organizing and will co-chair a Michigan Arts Caucus. I am pleased to announce that Senators Young, McManus and Stallings have already signed on and welcome the support of other colleagues here in this chamber. As you all know, creativity and imagination are essential elements for success. Cultural institutions, art education and community arts programming are critically important components of our society. The goal of our Arts Caucus will be, among other things, to work with statewide and local arts agencies to promote and advocate arts in our schools, in our communities and to enlist state support whenever it is appropriate. Senator Schwarz and I hope that members of this body will join our bipartisan effort and look forward to working with our colleagues in this endeavor.

 

 

 

 

 

The Michigan Sentencing Commission submits the following:

Meeting held on Wednesday, October 22, 1997, at 3:45 p.m., Room 201, Farnum Building

Present: Senators Geake, Van Regenmorter, Dingell and Peters

 

 

Economic Development, International Trade and Regulatory Affairs Committee - Wednesdays, October 29 and November 5, at 1:00 p.m., Room 210, Farnum Building (3-7946).

 

Local, Urban and State Affairs Committee - Wednesday, October 29, at 1:00 p.m., Room 100, Farnum Building (3-1635).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:27 a.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Wednesday, October 29, at 10:00 a.m.