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.

 

 

 

Senator Glenn Steil of the 30th District offered the following invocation:

Dear Heavenly Father, we pause to recognize You at the beginning of the session. We do know that You are alone at the center of the universe. We also know that You work through men. We acknowledge our shortcomings to You. Sometimes we get carried away with our own importance or with our desire for power. Sometimes we want to impress others and sometimes we want to promote our own agenda; forgive us. Keep us humble and mindful of who we are and whom we are serving. Give us wisdom, give us vision and give us challenge to deal with difficult situations and decisions. Enable us always to be able to see another's point of view, knowing that we are not always right. Give us a spirit of cooperation, putting away our petty differences, bitterness and resentment. Enable us to work for Your honor and glory. We ask in Your name. Amen.

 

 

 

 

Senators Carl, North, Hoffman, Emmons, Bennett, Dunaskiss, McManus, Van Regenmorter, Bouchard, Rogers, Gougeon, Bullard, Cisky, Gast and Schuette entered the Senate Chamber.

 

 

The following communication was received:

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 4:45 p.m. this date, administrative rule (97-1-1) for the Department of Consumer and Industry Services, Public Service Commission, entitled "Practice and Procedure Before the Commission," effective 15 days hereafter.

The communication was referred to the Secretary for record.

 

 

The following communications were received:

When a state mental health agency is to be closed, Section 19 (6) of Act 240 of the Public Acts of 1943, being section 38.19 of the Michigan Compiled Laws, requires that the director of the Michigan Department of Community Health certify in writing to the Legislature and the Retirement Board, not less than 240 days prior to the closure, which agency is to be closed.

In fulfillment of this requirement, I am officially providing notification that the Clinton Valley Center, located at 140 Elizabeth Lake Road, Pontiac, Michigan 48341 will close effective October 4, 1997. The Clinton Valley Center is a hospital that provides inpatient psychiatric services for adults.

Section 605 (3) of Act 352 of 1996 requires the Department of Community Health to provide a closure plan to the House and Senate Appropriations Subcommittees on Community Health. This plan is due four months subsequent to the certification made in this letter.

As a result of this closure, adults who require state delivered inpatient psychiatric services can be provided for at the remaining state operated adult psychiatric inpatient hospitals.

 

 

When a state mental health agency is to be closed, Section 19 (6) of Act 240 of the Public Acts of 1943, being section 38.19 of the Michigan Compiled Laws, requires that the director of the Michigan Department of Community Health certify in writing to the Legislature and the Retirement Board, not less than 240 days prior to the closure, which agency is to be closed.

In fulfillment of this requirement, I am officially providing notification that the Detroit Psychiatric Institute, located at 1151 Taylor, Detroit, Michigan 48202 will close effective October 4, 1997. The Detroit Psychiatric Institute is a hospital that provides inpatient psychiatric services for both children and adults.

Section 605 (3) of Act 352 of 1996 requires the Department of Community Health to provide a closure plan to the House and Senate Appropriations Subcommittees on Community Health. This plan is due four months subsequent to the certification made in this letter.

As a result of this closure, children and adults who require state delivered inpatient psychiatric services can be provided for at the remaining state operated child and adult psychiatric inpatient hospitals.

The communications were referred to the Secretary for record.

 

 

The following communication was received:

Enclosed is the Family Independence Agency's annual report on "The Cost Effectiveness of the Recovery of Overpayments," which is required by Act 41 of 1993.

The attached report was prepared at the end of Fiscal Year 1996.

The communication was referred to the Secretary for record.

 

 

The Secretary announced the printing and placement in the members' files on Friday, February 7 of:

 

The Secretary announced the printing and placement in the members' files on Monday, February 10 of:

 

Senator Stallings entered the Senate Chamber.

 

Senator DeGrow moved that the order of Third Reading of Bills be postponed for today.

The motion prevailed.

 

 

 

 

Senator Shugars introduced

Senate Bill No. 142, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as added by 1996 PA 469.

The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.

 

 

Senators Cisky and Bouchard introduced

Senate Bill No. 143, entitled

A bill to amend 1965 PA 203, entitled "Michigan law enforcement officers training council act of 1965," by amending the title and section 2 (MCL 28.602), section 2 as amended by 1995 PA 204, and by adding sections 15a, 15b, 15c, and 15d.

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

Senators Cisky and Bouchard introduced

Senate Bill No. 144, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.

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

 

 

Senators Cisky and Bouchard introduced

Senate Bill No. 145, entitled

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

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

 

 

Senators Steil, Shugars, Stille, Cisky, Gougeon, North, McManus, Hoffman, Van Regenmorter, Rogers, Dunaskiss, Geake, Gast and Bennett introduced

Senate Bill No. 146, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 504 and 514 (MCL 380.504 and 380.514), section 504 as amended and section 514 as added by 1994 PA 416.

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

 

 

Senators Bullard, Carl, Gougeon, Bennett, Shugars, Rogers and Schuette introduced

Senate Bill No. 147, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 10e (MCL 211.10e), as added by 1986 PA 223.

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

 

 

Senators Bullard, Carl, North, Gougeon, Steil, McManus, Bennett, Shugars, Rogers and Schuette introduced

Senate Bill No. 148, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 36 (MCL 208.36), as amended by 1995 PA 284.

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

 

 

Senators Schwarz and Shugars introduced

Senate Bill No. 149, entitled

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

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

 

 

Senators Schwarz and Shugars introduced

Senate Bill No. 150, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20165 and 22229 (MCL 333.20165 and 333.22229), section 20165 as amended by 1990 PA 179 and section 22229 as amended by 1993 PA 88.

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

 

 

Senator Stille introduced

Senate Bill No. 151, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406f.

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

Senator Stille introduced

Senate Bill No. 152, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401e.

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

 

 

Senator Stille introduced

Senate Bill No. 153, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053c.

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

 

 

Senator A. Smith introduced

Senate Bill No. 154, entitled

A bill to provide for a health plan with universal access; to create the office of state health commissioner; to create a commission; to provide for certain powers and duties; to provide for certain powers and duties of certain state officers and agencies; to provide for certain taxes, fees, and contributions; and to provide for an appropriation.

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

 

 

Senator A. Smith introduced

Senate Bill No. 155, entitled

A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," (MCL 4.411 to 4.431) by adding section 6b.

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

 

Senator Geake entered the Senate Chamber.

 

Senator DeGrow moved that Senator Posthumus be temporarily excused from today's session.

The motion prevailed.

 

 

 

 

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 21

The resolution consent calendar was adopted.

 

 

Senators Schuette, Bennett, Berryman, Bouchard, Bullard, Byrum, Carl, Cherry, Cisky, Conroy, DeBeaussaert, DeGrow, Dingell, Dunaskiss, Emmons, Gast, Geake, Gougeon, Hart, Hoffman, Koivisto, McManus, Miller, North, O'Brien, Peters, Posthumus, Rogers, Schwarz, Shugars, A. Smith, V. Smith, Stallings, Steil, Stille, Van Regenmorter, Vaughn and Young offered the following resolution:

Senate Resolution No. 21.

A resolution honoring Norman C. "Slim" Rumple.

Whereas, It is a pleasure and a privilege to join with the citizens of Mid-Michigan to honor the memory of Norman C. "Slim" Rumple, who served his community, state and country with honor and dignity; and

Whereas, Mr. Rumple was born and raised in Arlington, South Dakota, and graduated from South Dakota State College in 1937, with a bachelor of science degree in printing and journalism. Shortly after receiving his degree, Mr. Rumple moved to Michigan and began working at the Midland Daily News as telegraph editor; and

Whereas, Mr. Rumple left Midland in 1942 to serve his country in World War II. Entering the U.S. Army as a First Lieutenant, Mr. Rumple served with honor and bravery, earning the rank of Lieutenant Colonel, Chief of Intelligence Branch, Office of the Chief Signal Officer by the end of the World War in December, 1945. He received numerous awards, including the "Legion of Merit" award, the highest non-combat award possible, for "exceptionally meritorious service" between 1942 and 1945; and

Whereas, Upon his discharge from the U.S. Army, Mr. Rumple returned to the Midland Daily News to serve as Managing Editor. He earned a reputation as a fair and honest journalist, a man deeply involved in the community and a patient and thoughtful supervisor. He was named Publisher Emeritus in 1980 after a distinguished career and continued as a daily contributor to the paper's operation until his passing on November 26, 1996; and

Whereas, The passing of "Slim" Rumple marks the end of an outstanding career and the end of a journalistic era in Michigan. His leadership and service have been greatly appreciated by the citizens of this state. Mr. Rumple has been honored numerous times throughout his great and storied career, including "Outstanding Young Man of the Year" in 1948 by the Midland Jaycees; the "Liberty Bell Award" by the Midland Bar Association; the "Book of Golden Deeds Award" from the Midland Exchange Club in 1992, plus many, many others. His career in journalism reached its zenith in 1995 with his induction into the Michigan Journalism Hall of Fame. Mr. Rumple was a common man who accomplished uncommon things. Because he left a shining trail of goodness in his path, touched the lives of many people and inspired many young journalists to work hard and achieve greatness in their own endeavors; now, therefore, be it

Resolved by the Senate, That the highest tribute be hereby accorded to honor the memory of Norman C. "Slim" Rumple and his many accomplishments; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Norman C. "Slim" Rumple as evidence of our admiration and esteem.

 

Senator Posthumus entered the Senate Chamber.

 

 

Senators Bullard, Gougeon, McManus, Bouchard, Bennett and Schuette offered the following resolution:

Senate Resolution No. 19.

A resolution to memorialize the President and Congress of the United States to revise the Internal Revenue Code to provide for a single-rate tax.

Whereas, The current federal income tax system is economically destructive and inconsistent with the principles of a free society; and

Whereas, The current code discourages savings, investment, economic growth, and job creation, which are vital to a healthy economy; and

Whereas, The current code is manipulated by special interest groups through the creation of tax preferences; and

Whereas, A double taxation of income, such as is found in the capital gains tax and estate tax, discourages savings, investment, entrepreneurial spirit, and the ability to pass family businesses on to future generations, which stifles the American dream; and

Whereas, The current income tax system is complex, confusing, and time-consuming, forcing American individual and business taxpayers to spend 5.4 billion man hours and $225 billion each year to comply with the code; and

Whereas, Replacing the current income tax system with a single-rate tax system that taxes income only once, such as a flat tax, would be fair and simple and would treat all taxpayers equally; and

Whereas, A single-rate tax system would eliminate the double taxation of savings and investment income, thus treating work and savings equally; and

Whereas, A single-rate, flat tax system would enhance economic growth by being neutral in its treatment of savings, investment, and consumption. This would allow people, not government, to choose how they use their time and spend their money; and

Whereas, A single-rate, flat tax system would be easy to comply with, saving individual and business taxpayers over $200 billion a year in compliance costs; now, therefore, be it

Resolved by the Senate, That we respectfully call upon the Congress of the United States to replace the current income tax system with a single-rate tax system with a generous personal exemption, such as a flat tax, to ease the tax burden on many Americans and eliminate the bias against work, savings, and investment; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Vice President of the United States, the Speaker of the United States House of Representatives, the United States Senate Majority Leader, the United States Senate Minority Leader, the United States House Majority Leader, the United States House Minority Leader, the chair and ranking minority member of the Senate Finance Committee, the chair and ranking member of the House Committee on Ways and Means, and to each member of the Michigan congressional delegation.

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

Senator Hoffman was named co-sponsor of the resolution.

 

 

Senators Bullard, Gougeon, Steil, McManus, Bouchard, Bennett and Schuette offered the following concurrent resolution:

Senate Concurrent Resolution No. 10.

A concurrent resolution to memorialize the President and Congress of the United States to revise the Internal Revenue Code to provide for a single-rate tax.

Whereas, The current federal income tax system is economically destructive and inconsistent with the principles of a free society; and

Whereas, The current code discourages savings, investment, economic growth, and job creation, which are vital to a healthy economy; and

Whereas, The current code is manipulated by special interest groups through the creation of tax preferences; and

Whereas, A double taxation of income, such as is found in the capital gains tax and estate tax, discourages savings, investment, entrepreneurial spirit, and the ability to pass family businesses on to future generations, which stifles the American dream; and

Whereas, The current income tax system is complex, confusing, and time-consuming, forcing American individual and business taxpayers to spend 5.4 billion man hours and $225 billion each year to comply with the code; and

Whereas, Replacing the current income tax system with a single-rate tax system that taxes income only once, such as a flat tax, would be fair and simple and would treat all taxpayers equally; and

Whereas, A single-rate tax system would eliminate the double taxation of savings and investment income, thus treating work and savings equally; and

Whereas, A single-rate, flat tax system would enhance economic growth by being neutral in its treatment of savings, investment, and consumption. This would allow people, not government, to choose how they use their time and spend their money; and

Whereas, A single-rate, flat tax system would be easy to comply with, saving individual and business taxpayers over $200 billion a year in compliance costs; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we respectfully call upon the Congress of the United States to replace the current income tax system with a single-rate tax system with a generous personal exemption, such as a flat tax, to ease the tax burden on many Americans and eliminate the bias against work, savings, and investment; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Vice President of the United States, the Speaker of the United States House of Representatives, the United States Senate Majority Leader, the United States Senate Minority Leader, the United States House Majority Leader, the United States House Minority Leader, the chair and ranking minority member of the Senate Finance Committee, the chair and ranking member of the House Committee on Ways and Means, and to each member 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.

 

 

Senators Bullard, Carl, North, Gougeon, Steil, McManus, Bouchard, Bennett, Shugars, Rogers and Schuette offered the following resolution:

Senate Resolution No. 20.

A resolution to memorialize the President and the Congress of the United States to repeal the federal unified gift and estate tax.

Whereas, The federal unified gift and estate tax generates a minimal amount of federal revenue, especially considering the high cost of collection and compliance, and in fact has been shown to decrease those federal revenues from what they might otherwise have been; and

Whereas, This "Death Tax" has been identified as destructive to job opportunity and expansion, especially to minority entrepreneurs and family farmers; and

Whereas, The "Death Tax" causes severe hardship to growing family businesses and family farming operations, often to the point of partial or complete forced liquidation. This deprives state and local governments of an important, ongoing source of revenue; and

Whereas, Critical state and local leadership assets are unnecessarily destroyed and forever lost to the future detriment of the community through the relocation and liquidation associated with the tax; and

Whereas, Local and state schools, churches, and numerous other charitable activities would greatly benefit from the increased employment and continued family business leadership resulting from the repeal of the tax; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to repeal the federal unified gift and estate tax; and be it further

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

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

Senator Hoffman was named co-sponsor of the resolution.

 

 

 

 

 

 

The Committee on Human Resources, Labor and Veterans Affairs reported

Senate Bill No. 120, entitled

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

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.

Yeas: Senators Steil, Stille, DeBeaussaert and Stallings

Nays: None

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

 

 

 

The Committee on Human Resources, Labor and Veterans Affairs submits the following:

Meeting held on Thursday, February 6, 1997, at 1:05 p.m., Room 210, Farnum Building

Present: Senators Steil, Stille, DeBeaussaert and Stallings

Excused: Senator Rogers

 

 

 

The Committee on Appropriations submits the following:

Meeting held on Thursday, February 6, 1997, at 11:00 a.m., Room 351, Capitol Building

Present: Senators Gast, Geake, Cisky, DeGrow, Hoffman, McManus, Schwarz, Steil, Conroy, Koivisto, A. Smith, Young and Vaughn

 

 

 

The Michigan Trial Court Assessment Commission, Committee on Court Funding, submits the following:

Meeting held on Friday, February 7, 1997, at 1:00 p.m., 3rd Floor Conference Room, Michigan National Tower

Present: Senator Van Regenmorter

 

 

 

 

Appropriations Committee - Wednesday, February 12, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

 

Families, Mental Health and Human Services Committee - Fridays, February 14, at 1:00 p.m., Civic Auditorium in Livonia City Hall, 33000 Civic Center Drive, Livonia; February 21, at 9:00 a.m., Commissioners Board Room 310, Kent County Administration Building, 300 Monroe Avenue N.W., Grand Rapids; February 28, at 10:00 a.m., Main Meeting Room, Canton Township Hall, 1150 South Canton Center Road, Canton; March 7, at 1:00 p.m., Commission Chambers, Governmental Center, 400 Boardman, Traverse City; Mondays, March 10, at 10:00 a.m., Curtiss Hall, 2nd Floor Seminar Rooms D and E, Saginaw Valley State University, 7400 Bay Road, Saginaw; March 24, at 10:00 a.m., Oakland County Commissioners Auditorium, 1200 North Telegraph, Pontiac (3-1777).

 

Family Independence Agency Appropriations Subcommittee - Wednesdays, February 19, 26 and March 5, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-1707).

Health Policy and Senior Citizens Committee - Tuesday, February 18, at 3:00 p.m., Room 100, Farnum Building (3-0793).

 

Legislative Retirement Board of Trustees - Wednesday, February 26, at 12:00 noon, Elijah Myers Room, Capitol Building (3-0575).

 

Michigan Sentencing Commission - Friday, February 28, at 9:30 a.m., Rooms 402 and 403, Capitol Building (3-7676).

 

Senate Fiscal Agency Board of Governors - Wednesday, February 12, immediately following Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (3- 6960).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 10:17 a.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Wednesday, February 12, at 10:00 a.m.