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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following communication was received:

Enclosed is a summary of the Title IIB Plan for economically disadvantaged youth ages 15-21, developed under the Job Training Partnership Act (JTPA). The program begins July 1, 1997, and operates in the ten county northwest Michigan region.

We welcome your review, comments and suggestions. Thank you for your interest and continued support of JTPA programs.

The communication was referred to the Secretary for record.

 

 

The following communication was received:

We are pleased to be able to provide you a copy of the 1996 Michigan Annual Drunk Driving Audit as required by MCL 257.625i. This report is a detailed examination of crashes and arrests that occurred in 1996 by county. Data was assembled in cooperation with the Michigan Departments of State and Transportation.

If you have any questions regarding this report, please call Mr. Robert Nelson of my staff at 333-5308. Thank you.

The communication was referred to the Secretary for record.

 

 

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 4:

 

The Secretary announced the enrollment printing and presentation to the Governor on June 4, for his approval the following bills:

Enrolled Senate Bill No. 233 at 11:07 a.m.

Enrolled Senate Bill No. 51 at 11:09 a.m.

Enrolled Senate Bill No. 322 at 11:11 a.m.

Enrolled Senate Bill No. 140 at 11:13 a.m.

 

The Secretary announced the printing and placement in the members' files on Wednesday, June 4 of:

 

 

Senator Stallings asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Stallings' statement is as follows:

I rise as a result of receiving yesterday at the close of our Senate session a "no" vote explanation that contained the names of 12 of my colleagues as it related to an amendment that I had placed on a bill earlier that day, the previous day.

Now, I rise because I'm disappointed as a result of the actions of my colleagues on the other side of the aisle in their attempt to distance themselves from what I had considered to be a friendly amendment offered by me and I stood on this floor and indicated to all of my colleagues that I had gotten sick and tired of the proliferation of billboards that advertise tobacco and liquor and other sexually explicit ads in an attempt to coerce young people to use their various products. I offered up a friendly amendment that included, along with the ban on tobacco advertisements--sexually explicit advertisements--which also served to get to the heart of other ads in addition to tobacco ads that use sexually explicit materials in their advertisements.

I'm just disappointed that my colleagues would attempt to participate in political gamesmanship in an attempt to protect themselves from what would ordinarily be considered a politically sensitive vote. I would hope that they, too, will join me in appreciating the fact that in my community and in a lot of urban areas there is a proliferation of tobacco and liquor billboards that are sexually explicit. For that reason, and that reason alone, the support of that amendment should not have been in question.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Shugars, under his constitutional right of protest (Art. IV, Sec. 18), protested against the adoption of the amendment offered by Senator Byrum to House Bill No. 4306.

Senator Shugars' statement is as follows:

The reason I voted "no"--Kalamazoo Pheasant Ridge was included in this amendment--is because the number of children who were in the facility was four and now it's down to zero. I think that if you have a limited amount of resources to help people who are in this situation, it doesn't make sense to have 38 employees in a facility and spend that tremendous amount of money for a facility that doesn't have any patients at this time. The last few years it was declining drastically. It would be better to spend that money with people who actually use it. That's why I support community mental health getting more money for their residential care. I believe the House has recommended a $1.00 increase and the Senate has recommended $.75. We need to make sure that this money stays in the local community for community mental health and help the individuals who truly need it.

As my colleagues know, I voted against the capital outlay raising the bonding so that the money could be better used in the mental health area. We have a moral obligation to make sure that these people are taken care of. I will continue to support that. But in the case of this Kalamazoo hospital, it did not make sense to continually, day after day, spend this money and not use it for treatment and for services to the patients. That is why I voted "no" on that amendment.

 

Senator Peters asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Peters' first statement is as follows:

I believe this current budget bill is really seriously flawed without the adoption of this amendment. I would urge my colleagues on both sides of the aisle to seriously consider this amendment and consider the needs of some of the most vulnerable citizens we have here in the state of Michigan. My amendment would restore language that exists in the House appropriation bill and would maintain funding for the Clinton Valley Center, Detroit Psychiatric Center and Kalamazoo Psychiatric Hospital. It would maintain funding for those hospitals until a long-term care program can be put in place. The amendment would specifically call upon the department to develop and put in place a statewide plan for the provision of a continuum of mental health services, which includes but is not limited to, residential care services and other individualized living arrangements, out-patient care, partial hospitalization, acute in-patient care and long-term, 24-hour in-patient care in a structured secure environment. Specifically, it would also ask for the development of a regionalized plan in which regional hospitals would be located throughout the state to deal with those seriously mentally ill patients who cannot find the long-term residential care in a community health setting.

I was at a couple of hearings in Pontiac talking about the closure of the Clinton Valley Center and learned firsthand as to the disruption that the closure of this facility will cause to the patients. What will likely occur with the Clinton Valley closure is that patients will either be moved several hundred miles away to another hospital, and thus, make it very difficult for family and loved ones to be a part of that treatment, which is a very integral part of any type of mental health treatment. Or worse yet, we may find that patients again are thrown out on the streets and again are going to end up on the streets of Pontiac. Unfortunately, that is what has been occurring in past years in our mental health system as the state has been moving away from its obligation to deal with these most vulnerable citizens, and oftentimes, leave them on the streets to fend for themselves. Or in the case of this closure, they would perhaps be moved several hundred miles away and not have the support network of family and loved ones.

This amendment recognizes that these facilities may have to be closed at some point. I would certainly agree that Clinton Valley would probably have to close at some point. It's an old facility that needs to be shut down at some point, but we shouldn't be doing that and shouldn't be in a rush to do that until we know that these patients are adequately cared for.

I would urge my colleagues to adopt it. It treats all of these hospitals equally. I would hope my colleagues from Oakland County would understand the impact of the closure of Clinton Valley to the Oakland County residents, as well as my Macomb County colleagues who also have a large share of the population in the Clinton Valley Center, as well as my colleagues on the western side of the state with the Kalamazoo hospital. These people need to be taken care of. We need to have a comprehensive plan and this amendment would do it. I urge adoption.

 

Senator Peters' second statement is as follows:

I just want to respond briefly to the gentleman from the 9th District. I'm somewhat troubled by his response as to his opposition to this amendment. All this amendment is really saying is that before we're in such a rush to close hospitals, let's at least have a plan in place. To me that just sounds like good, sound public policy that when we're dealing with an extremely vulnerable population, with these hospitals, at least we should have some sort of comprehensive plan in place. In fact, that is what the associations that deal with mental illness in this state have been asking for for months, and yet, have not been getting it from the department. I passed out a letter on the floor, which you all should have received, which is signed by the Mental Health Association of Michigan, Michigan Association for Children with Emotional Disorders and Alliance for the Mentally Ill of Michigan, which says that they would certainly like the Department of Community Health to develop and implement a plan for a complete statewide continuum of appropriate mental health care. That is what this amendment deals with. It says before we're in a rush to close these hospitals, let's put that plan together. These organizations have been asking for it for months. They haven't been able to get it. This amendment would allow us to at least have some thought and some rationality in this process.

I also passed out a letter from the Oakland County Board of Commissioners, and a resolution that was passed by the Oakland County Board, which asks the state mental health department to give consideration for long-term care in local areas, which cannot be provided now in a community health setting. It's not being done in Oakland County and I know it's not being done in other counties throughout the state.

So I certainly hope that all Senators, no matter where you are in the state, realize that long-term mental health facilities need to be located on a regional basis so that patients can be close to their homes and close to their loved ones. That's what this amendment does. It deals with a comprehensive plan that puts these facilities throughout the state.

I've heard some Senators talk about supporting one amendment over another because it may protect the hospital closest to them. However, as was mentioned by the previous speaker, the logic for this applies to everybody everywhere in the state. Patients need this type of care. They're not getting the care. We're not just seeing a move to privatization. We're actually seeing a lack of care and that's why people are on waiting lists--sometimes five, six or seven years--before they can get the type of mental health care that they need. I think that is absolutely outrageous. The state has been walking away from its obligation to deal with this vulnerable population. We need to step up to the plate, put forward a plan, stick by that plan and be committed to that plan. That's what this amendment does and I would urge my colleagues to support it.

 

 

Senator Byrum offered the following amendment:

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

Senator Byrum offered the following amendment:

The question being on the adoption of the amendment,

Senator Byrum 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 amendment:

The question being on the adoption of the amendment,

Senator A. Smith requested the yeas and nays.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Byrum offered the following amendment:

The amendment was adopted, a majority of the members serving voting therefor.

Senators Byrum and Geake offered the following amendment:

The amendment was adopted, a majority of the members serving voting therefor.

Senator Peters offered the following amendment:

(a) Provide for the operation of a series of state psychiatric inpatient facilities for adults with serious mental illness with the capacity to serve not less than 900 individuals at any given time, with an average patient population of 100 at each facility.

(b) Provide for the operation of a series of state psychiatric inpatient facilities for minors with serious emotional disturbance with the capacity to serve not less than 120 minors at any given time, with an average patient population of 40 at each facility.

(2) The inpatient facilities described in subsection 1(a) and (b) shall be located throughout the state and may be operated in state-owned facilities or in privately-owned facilities leased by the state.".

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 Peters offered the following amendment:

(a) Provide for the operation of a series of state psychiatric inpatient facilities for adults with serious mental illness with the capacity to serve not less than 900 individuals at any given time, with an average patient population of 100 at each facility.

(b) Provide for the operation of a series of state psychiatric inpatient facilities for minors with serious emotional disturbance with the capacity to serve not less than 120 minors at any given time, with an average patient population of 40 at each facility.

(2) The inpatient facilities described in subsection 1(a) and (b) shall be located throughout the state and may be operated in state-owned facilities or in privately-owned facilities leased by the state.".

The question being on the adoption of the amendment,

Senator Peters 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 V. Smith moved to reconsider the vote by which the amendment was not adopted.

The question being on the motion to reconsider,

Senator V. Smith moved that further consideration of the bill be postponed temporarily.

The motion did not prevail.

Senator Berryman requested the yeas and nays.

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

The motion did not prevail, a majority of the members not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on the motion to reconsider the amendment offered by Senator Peters,

The motion did not prevail.

Senator V. Smith requested the yeas and nays.

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

The motion did not prevail, a majority of the members 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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

Senator Young moved that he be excused from the balance of today's session.

The motion prevailed.

 

 

 

 

Senators Berryman, A. Smith, V. Smith and Stallings, under their constitutional right of protest (Art. IV, Sec. 18), protested against the passage of House Bill No. 4306.

Senator Berryman's statement, in which Senator A. Smith concurred is as follows:

I voted "no" on the community mental health budget because I will stand by my comments that the state has dismantled--and disgracefully so--has dismantled the mental health system in the state of Michigan. I want to respond

You know that I have criticized mental health when it was the Mental Health Department, because of quality of service. But, I have also complimented when they do a good job. I have been working with the Director, Mr. Haveman in the last year and a half with individual cases, not only in my district, but other districts. I want to tell you that Mr. Haveman has been extremely responsive and helpful in getting through these problems where people are misdiagnosed, mistreated in the community, and he's helped me find a proper placement for those kids. If Jim Haveman is listening, I appreciate what he has done, and that is the kind of cooperation we need. But it still doesn't take away from the fact that we've taken the responsibility away from the state, poured money into community mental health agencies; to build huge bureaucracies within the county structure and not have the dollars flow to the individual or the families that need the services most. Because of that, I voted "no."

 

Senator V. Smith's statement, in which Senators A. Smith and Stallings concurred, is as follows:

I rise to oppose House Bill No. 4306. I share the concerns raised by the good Senator of the 17th District. I also think that we have begun to dismantle the mental health system. We closed the mental hospitals, and one of my colleagues even used this as justification here today for not supporting what I felt was a good amendment, with the fact that there were only four people left in the hospital. Well, that doesn't surprise me when the policies with the current administration are to move out those who have been in hospital care in the mental health system. And the reason that the current administration has used every ability it has to move residents out, is so they can close those facilities.

The direction they are taking in terms of the community health boards and other resources to be used, is probably a good one to a certain extent, but there still needs to be some basis and some ability for hospital care for those who can not be helped without patient status. We've heard story, after story, after story, of individuals who have exploded in their family. We've seen innocent lives lost. We've seen the mental health patients moved into the correctional system, and wonder why the corrections budget is exploding beyond our grasp. If we kept our options open, and one of my colleagues had an amendment put forward that would have allowed that, but all of those things were turned down.

If we had tried to increase our planning, one of my colleagues had an amendment to try to accomplish that. But we haven't seen anything forthcoming from the executive office or the majority party on this floor, that lays out any plan for mental health care. The only plan we seem to see, is to cut back, close and leave those who have severe mental disabilities, to the streets, and whatever happens to their families while they are in the streets or whatever happens when they become explosive, because they haven't been put into a situation where they need to be maintained. I think it's detrimental. I think it is not in the best long interest of this state and I would hope that the members would reflect one more time, and decide this is not the direction that they want to take and oppose this bill. And if we oppose this bill, we will be able to work in a bipartisan way to try to make the mental health system one that adequately addresses the needs of those who are caught within the grasp of a mental disease. We know it exists, we know it happens. To close our eyes and try to ignore the problem and act like it does not need to be addressed, is to walk into the darkness without any light.

I would hope that at this final hour on the passage of this budget; even though we will see more and more budgets; this is a telling point in time as to whether this will continue to be the philosophy and the direction that this state goes in terms of the treatment of these mental health patients. I would hope that we would vote "no."

 

Senator A. Smith's statement is as follows:

While my two colleagues have focused on the mental health portion of this budget, we have a tremendous amount of money being spent in the public health portion of this budget. And my concern is that, as hard as the committee members have tried to anticipate many of the problems that will result from our move to manage Medicaid coverage for the citizens in the state of Michigan, I think we have failed in our rush to change the program and to save dollars. My concern is, that many of our decapitated chickens are going to come home to roost and in the very short run.

 

 

The following bill was read a third time:

House Bill No. 4305, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

The question being on the passage of the bill,

Senator Vaughn offered the following amendment:

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

Senator Vaughn 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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The President pro tempore, Senator Schwarz, assumed the Chair.

 

 

Senator Peters offered the following amendments:

The question being on the adoption of the amendments,

Senator Peters 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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

 

The Assistant President pro tempore, Senator Hoffman, assumed the Chair.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following bill was read a third time:

Senate Bill No. 435, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7m (MCL 211.7m), as added by 1980 PA 142.

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.

 

By unanimous consent the Senate returned to the order of

 

 

Senator DeGrow moved that rule 3.506 be suspended to permit Senators to submit their written "no" vote explanations regarding Senate Bill No. 341 for inclusion in today's Journal.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senators Dingell and Berryman introduced

Senate Bill No. 577, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 558 (MCL 168.558), as amended by 1996 PA 583.

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

 

 

Senator North introduced

Senate Bill No. 578, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 43; and to repeal acts and parts of acts.

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

 

 

Senators Byrum, Young and Hart introduced

Senate Bill No. 579, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 812 (MCL 257.812), as amended by 1989 PA 280.

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

 

 

Senator North introduced

Senate Bill No. 580, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 621 (MCL 418.621), as amended by 1994 PA 271.

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

 

 

Senators Hoffman, Carl, Schwarz, Bennett and Geake introduced

Senate Bill No. 581, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 801 and 802 (MCL 257.801 and 257.802), section 801 as amended by 1995 PA 226 and section 802 as amended by 1996 PA 551.

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

 

 

Senator Carl introduced

Senate Bill No. 582, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending the title and sections 1c, 1d, 3, 5a, 7, 10, 10a, 10c, 10k, 11, 11b, 12, 12c, 13, 13a, 14, 16, 17, 18a, 18b, 18c, 18d, 18e, 18l, and 20a (MCL 247.651c, 247.651d, 247.653, 247.655a, 247.657, 247.660, 247.660a, 247.660c, 247.660k, 247.661, 247.661b, 247.662, 247.662c, 247.663, 247.663a, 247.664, 247.666, 247.667, 247.668a, 247.668b, 247.668c, 247.668d, 247.668e, 247.668l, and 247.670), the title and section 11b as amended by 1992 PA 223, sections 1c and 10k as amended and section 12c as added by 1982 PA 438, section 5a as added by 1981 PA 184, sections 10, 11, 12, 13, and 17 as amended by 1993 PA 294, section 10a as amended by 1992 PA 137, section 10c as amended by 1990 PA 73, section 14 as amended by 1987 PA 234, sections 18b and 18e as amended by 1985 PA 201, and section 18l as added by 1992 PA 224, and by adding sections 1g and 11f; and to repeal acts and parts of acts.

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

 

 

Senator Bouchard introduced

Senate Bill No. 583, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690).

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

 

 

Senator Rogers introduced

Senate Bill No. 584, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 31 (MCL 206.31), as added by 1996 PA 448.

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

 

 

Senators Schuette, Steil and Rogers introduced

Senate Bill No. 585, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 9 (MCL 207.779), as amended by 1996 PA 449.

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

 

 

Senator Bouchard introduced

Senate Bill No. 586, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 1996 PA 455.

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

 

 

Senator Bouchard introduced

Senate Bill No. 587, entitled

A bill to amend 1985 PA 224, entitled "Enterprise zone act," by amending section 21c (MCL 125.2121c), as added by 1996 PA 444.

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

 

 

Senator Bouchard introduced

Senate Bill No. 588, entitled

A bill to amend 1984 PA 385, entitled "Technology park development act," by amending section 12 (MCL 207.712), as amended by 1996 PA 445.

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

 

 

Senator Emmons introduced

Senate Bill No. 589, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 11 (MCL 207.561), as amended by 1996 PA 446.

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

Senator Bouchard introduced

Senate Bill No. 590, entitled

A bill to amend 1978 PA 255, entitled "Commercial redevelopment act," by amending section 12 (MCL 207.662), as amended by 1996 PA 450.

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

 

 

Senator Bouchard introduced

Senate Bill No. 591, entitled

A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," by amending section 1 (MCL 211.181), as amended by 1996 PA 447.

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

 

 

Senators Rogers, Steil, Schuette, Stille, Bullard, Carl, Gougeon and Van Regenmorter introduced

Senate Bill No. 592, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as added by 1995 PA 187 and section 411j as amended by 1996 PA 80.

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

 

 

Senators Rogers and Schuette introduced

Senate Bill No. 593, entitled

A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.

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

 

 

Senators Rogers and Cisky introduced

Senate Bill No. 594, entitled

A bill to create the Michigan law enforcement investigative fund; to prescribe the powers and duties of certain state agencies and departments; to provide for deposits into the fund; and to provide for expenditures from the fund.

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

 

 

House Bill No. 4218, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

The House of Representatives has passed the bill.

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

 

 

House Bill No. 4289, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200, 201, 204, 204a, 207, 209, and 211a (MCL 750.200, 750.201, 750.204, 750.204a, 750.207, 750.209, and 750.211a) and by adding section 209a; and to repeal acts and parts of acts.

The House of Representatives has passed the bill.

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

 

 

House Bill No. 4462, entitled

A bill to amend 1939 PA 176, entitled "An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act," by amending section 22 (MCL 423.22).

The House of Representatives has passed the bill.

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

 

 

House Bill No. 4629, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

 

 

House Bill No. 4810, entitled

A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending sections 10 and 32 (MCL 338.1060 and 338.1082), section 10 as amended by 1994 PA 326, and by adding section 16a.

The House of Representatives has passed the bill.

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

 

 

House Bill No. 4812, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 355b.

The House of Representatives has passed the bill.

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

 

 

 

Senator DeGrow moved that consideration of the following resolutions be postponed for today:

Senate Concurrent Resolution No. 32

Senate Concurrent Resolution No. 33

Senate Concurrent Resolution No. 34

Senate Concurrent Resolution No. 35

The motion prevailed.

 

 

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

Senate Resolution No. 67

Senate Resolution No. 70

The resolution consent calendar was adopted.

 

 

Senators Dingell and Hart offered the following resolution:

Senate Resolution No. 67.

A resolution to recognize John Martin for the long and productive career in both private and public service.

Whereas, The official recognition of John's retirement will be held on Friday, June 6, 1997, at the Lincoln Park Knights of Columbus Hall. John leaves a legacy of dedication and ability to accomplish the most difficult of tasks, where he has been the city of Lincoln Park's Controller since January 21, 1986. John's presence will be missed; and

Whereas, His career has been diverse and challenging. John was the Controller for a regional Hospital in McKenzie, Tennessee, for Methodist Health Systems. He worked here in the Michigan Senate as the Administrative Assistant to former Senator Patrick McCollough and even worked in the brewing industry in Detroit for a while. John's expertise and work ethic have brought him far. Now it is time for him to take a step back and enjoy the life he has built for himself; and

Whereas, John Martin was married on June 11, 1955, to his wife, Elaine. They will be celebrating 42 years of marriage this month. John's family is his pride and joy. His daughter, Cindy Martin, is doing well and living in Ann Arbor. His other daughter, Debbie, and her husband, Michael Burke, have two beautiful daughters, Meaghann and Meredith, who will certainly look forward to having more time to spend with their grandfather. We believe John's life will certainly be changing for the better; now, therefore, be it

Resolved by the Senate, That we congratulate and honor John Martin on his retirement, June 6, 1997; and be it further

Resolved, That a copy of this resolution be transmitted to John Martin as a symbol of our respect and admiration.

Senators Stallings and Schwarz were named co-sponsors of the resolution.

 

 

Senators Shugars, DeGrow, Emmons, Stille, Carl, Bullard, North, Bennett, Dunaskiss, Rogers, Schuette, Gougeon, Schwarz, Van Regenmorter, Steil, Posthumus, Gast, Hoffman, McManus, Cisky, Geake and Bouchard offered the following resolution:

Senate Resolution No. 70.

A resolution to commemorate the 75th Anniversary of the Portage Public Schools.

Whereas, Several small, rural school districts in Kalamazoo County's Portage Township were consolidated to form the Portage Agricultural School District in 1922. The newly-formed district was so small, it required only five teachers to instruct the students enrolled. By 1946, however, several other districts--Rockne, Lake Center, Pershing, Prairie Edge and Boyton, as well as primary districts in Texas and Pavilion Townships--were consolidated into the Portage Township Schools. Student enrollment in the district then totaled about 1,000, served by fewer than 40 teachers; and

Whereas, Until midway through the 20th century, Portage remained a sleepy rural village. Explosive growth during the 1950s fueled growth in school facilities, enrollment and teaching staff. In 1962, the citizens of Portage Township voted to incorporate as a city. As a result, the Board of Education officially changed the name of the school district from Portage Township Schools to Portage Public Schools; and

Whereas, The Portage Public Schools now consists of eight elementary schools, three middle schools, two high schools, a community education center and an administration building. Approximately 8,900 students are served by 600 professional staff in more than 1.5 million square feet of instructional area. Portage students continue to score above state and national averages on standardized tests as they prepare to meet the challenges of the future; and

Whereas, This 75 year history of growth and development by Portage Public Schools was made possible through the contributions of time, talent and resources by past and present school board members, teachers, administrators, parents, private benefactors and volunteers; now, therefore, be it

Resolved by the Senate, That tribute be accorded to the Portage Public Schools in honor of their 75th Anniversary and to the school district's school board members, teachers, administrators, parents, benefactors and volunteers, past and present, whose dedication has enriched the lives of the citizens of Kalamazoo County for generations; and be it further

Resolved, That copies of this resolution be transmitted to the Portage Board of Education and James H. Rikkers, Superintendent of the Portage Public Schools.

Senator Stallings was named co-sponsor of the resolution.

 

 

Senator Bouchard offered the following resolution:

Senate Resolution No. 66.

A resolution to memorialize the Congress of the United States to ensure that public safety agencies are allotted sufficient access to radio frequency space.

Whereas, Our country is in the midst of remarkable change in the amount and the variety of information communicated across the spectrum of radio frequencies. The communications age is having an effect on all Americans. Radio frequencies are a finite resource used to handle news, information, entertainment, education, vital services, and commercial activity. Computers, cell phones, television and radio, and emergency equipment compete for access to the spectrum of radio frequencies; and

Whereas, As the federal government, through the Federal Communications Commission, allocates space on the spectrum, it is critical that local police and fire operations have enough access to handle the communications challenges of saving lives in emergency situations. This has long been a point of concern for those closest to public safety issues. The FCC last allocated channels for public safety in 1987. Since that time, the number of communications devices and capacity needs have exploded. During crisis situations, for example, heavy use of cellular phones in a disaster area can impede the lifesaving work of emergency personnel; and

Whereas, Authorities need space on the radio frequency spectrum not only for voice communications, but also for transmitting fingerprints, mugshots, medical information, and other data. Without adequate access to communications, the results in a specific incident or community will one day result in a disaster that is entirely preventable if we act wisely today; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to ensure that public safety agencies are allotted sufficient access to radio frequency space; 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.

Senator Stallings was named co-sponsor of the resolution.

 

 

Senators Koivisto, McManus, Gast, Vaughn, V. Smith, North, Hoffman, Steil, Bennett, Emmons, Berryman, Dingell, Hart, Young, Cherry, O'Brien, Byrum, Shugars, Schuette, A. Smith, DeBeaussaert, Cisky and Gougeon offered the following resolution:

Senate Resolution No. 69.

A resolution to memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states.

Whereas, In 1986, Congress created the Leaking Underground Storage Tank Trust Fund through legislation amending the Resource Recovery and Conservation Act. The fund was financed through a 0.1 cent tax on each gallon of motor fuel sold. The tax levy, which was reauthorized in 1990, expired on December 31, 1995. The fund has approximately $1.5 billion in it; and

Whereas, The purpose of the money generated by the Leaking Underground Storage Tank Trust Fund is two-fold. It seeks to enforce corrective actions where the owner of a leaking tank is known and cleanup activities where the owner is not known or is unable or unwilling to pay. The fund's proceeds are distributed to the states on a formula based on criteria determined by federal officials. Factors include levels of contamination, the number of leaking tanks, the number of cleanup efforts, and danger to drinking supplies; and

Whereas, Over the years, not enough money from the trust fund has gone to fighting the effects of leaking underground storage tanks. Almost all of the fund's proceeds go toward administration and enforcing the program. It is estimated that only 1 percent of fund money spent each year goes to clean up orphan tanks; and

Whereas, In an effort to increase cleanup initiatives and to deal with a problem that gets worse with the passage of time, Congress is considering legislation to revamp the manner in which the money in the Leaking Underground Storage Tank Trust Fund is distributed. The legislative proposals offer a more pragmatic approach by providing for the Environmental Protection Agency to distribute the money to the states with more authority for the states. The states are in far better positions to determine how best to meet the aims of cleanup and enforcement. With a formula for distributing the funds based on what the states contributed to the fund, a far greater positive impact can be made in cleaning up our environment; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states; 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.

Senator Stallings was named co-sponsor of the resolution.

 

 

Senators McManus, Gast, Schwarz and Cisky offered the following resolution:

Senate Resolution No. 71.

A resolution concurring in the tribal-state gaming compacts negotiated between the Governor and the Little River Band of Ottawa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Nottawaseppi Huron Band of Potawatomi.

Whereas, The voters of Michigan approved the Michigan Gaming Control and Revenue Act as the Michigan Initiated Law of 1996 authorizing state regulated casinos in the state; and

Whereas, The United States Congress enacted the Indian Gaming Regulatory Act of 1988 (IGRA) to provide a statutory framework for the establishment of regulatory roles for the states, the federal government, and Indian tribes in tribal Class III gaming operations; and

Whereas, Each of the tribes, the Little River Band of Ottawa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Nottawaseppi Huron Band of Potawatomi, is a federally recognized Indian tribe; now, therefore, be it

Resolved by the Senate, That, pursuant to requirements of the IGRA and pursuant to Section 11(B) of each of the proposed compacts, we hereby concur in the following compacts signed by the Governor and the representatives of each of the tribes: "Compact Between the Little River Band of Ottawa Indians and the State of Michigan Providing for the Conduct of Tribal Class III Gaming by the Little River Band of Ottawa Indians," "Compact Between the Pokagon Band of Potawatomi Indians and the State of Michigan Providing for the Conduct of Tribal Class III Gaming by the Pokagon Band of Potawatomi Indians," "Compact Between the Little Traverse Bay Bands of Odawa Indians and the State of Michigan Providing for the Conduct of Tribal Class III Gaming by the Little Traverse Bay Bands of Odawa Indians," and "Compact Between the Nottawaseppi Huron Band of Potawatomi and the State of Michigan Providing for the Conduct of Tribal Class III Gaming by the Nottawaseppi Huron Band of Potawatomi"; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the tribes, and the United States Secretary of the Interior.

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 Gaming and Casino Oversight.

The motion prevailed.

 

 

Senators McManus, Koivisto, Gast, Shugars, Steil, Bennett, Schuette, Vaughn, O'Brien, Hart, Berryman, Byrum, Emmons, Dingell, A. Smith, DeBeaussaert, Cherry, Cisky and Gougeon offered the following concurrent resolution:

Senate Concurrent Resolution No. 36.

A concurrent resolution to memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states.

Whereas, In 1986, Congress created the Leaking Underground Storage Tank Trust Fund through legislation amending the Resource Recovery and Conservation Act. The fund was financed through a 0.1 cent tax on each gallon of motor fuel sold. The tax levy, which was reauthorized in 1990, expired on December 31, 1995. The fund has approximately $1.5 billion in it; and

Whereas, The purpose of the money generated by the Leaking Underground Storage Tank Trust Fund is two-fold. It seeks to enforce corrective actions where the owner of a leaking tank is known and cleanup activities where the owner is not known or is unable or unwilling to pay. The fund's proceeds are distributed to the states on a formula based on criteria determined by federal officials. Factors include levels of contamination, the number of leaking tanks, the number of cleanup efforts, and danger to drinking supplies; and

Whereas, Over the years, not enough money from the trust fund has gone to fighting the effects of leaking underground storage tanks. Almost all of the fund's proceeds go toward administration and enforcing the program. It is estimated that only 1 percent of fund money spent each year goes to clean up orphan tanks; and

Whereas, In an effort to increase cleanup initiatives and to deal with a problem that gets worse with the passage of time, Congress is considering legislation to revamp the manner in which the money in the Leaking Underground Storage Tank Trust Fund is distributed. The legislative proposals offer a more pragmatic approach by providing for the Environmental Protection Agency to distribute the money to the states with more authority for the states. The states are in far better positions to determine how best to meet the aims of cleanup and enforcement. With a formula for distributing the funds based on what the states contributed to the fund, a far greater positive impact can be made in cleaning up our environment; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states; 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 Stallings was named co-sponsor of the concurrent resolution.

 

 

 

 

The Committee on Appropriations reported

Senate Bill No. 165, entitled

A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 1998; to implement the appropriations within the budgetary process; to make appropriations for planning and construction of state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

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

Nays: None

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

 

 

 

The Committee on Technology and Energy submits the following:

Meeting held on Tuesday, June 3, 1997, at 3:00 p.m., Rooms 425 and 427, Capitol Building

Present: Senators Dunaskiss (C) and Byrum

Excused: Senators Schuette, Rogers and Berryman

 

 

 

The Subcommittee on Retirement submits the following:

Meeting held on Wednesday, June 4, 1997, at 3:00 p.m., Senate Appropriations Room, Capitol Building

Present: Senators Steil (C), Cisky and A. Smith

 

 

 

The Subcommittee on Transportation submits the following:

Meeting held on Wednesday, June 5, 1997, at 9:30 a.m., Senate Appropriations Room, Capitol Building

Present: Senators Hoffman (C), DeGrow and O'Brien

 

 

 

 

Pursuant to Joint Rule 16, Senator Peters filed a Notice of Intent to reconsider on the next legislative day the vote by which the following bill was passed:

House Bill No. 4306

 

 

 

 

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 12:40 p.m.

 

The Assistant President pro tempore, Senator Hoffman, declared the Senate adjourned until Tuesday, June 10, at 10:00 a.m.