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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By unanimous consent the Senate returned to the order of

 

 

The following bill was read a third time:

Senate Bill No. 102, entitled

A bill to amend chapter XVI of 1927 PA 175, entitled "The code of criminal procedure," (MCL 776.6 to 776.22) by adding section 13a.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senator Bouchard moved that he be named co-sponsor of the following bill:

Senate Bill No. 102

The motion prevailed.

 

The President, Lieutenant Governor Binsfeld, assumed the Chair.

 

Senator O'Brien entered the Senate Chamber.

 

 

The following bill was read a third time:

Senate Bill No. 114, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.

The question being on the passage of the bill,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

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

The motion prevailed.

Senator Bouchard's statement is as follows:

We have a bit of a security breach going on. There's a person on the floor who is not a Senate employee and somehow she was able to sneak her way in. All kidding aside, today is the last day that Lucy Foster will be with us in a sense of hanging around us just to be with us hopefully in this world, but not in our proximity. Lucy has been a person whom many people have come to know as a friend and a hard worker and someone who I have enjoyed the opportunity to be a good friend with and work with. Since I came to the Senate--the day I was elected to the Senate--she was one of my first staff picks. Sometimes even I get lucky. She has been a wonderful person to work with. I think she is a wonderful person to have as a friend and as a co-worker. We will miss you a great deal, Lucy. We wish you, Tom and Jennifer all the best in Kansas when you tap your feet together and head there. Tom, her husband, has been transferred to Kansas, and I guess this means that the arranged marriage between Jennifer and my son is off. Nonetheless, we wish you all the best, Lucy, and Godspeed. Thank you for your efforts.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senate Resolution No. 14.

A resolution to memorialize the Congress of the United States to pass and submit to the states for ratification a proposed amendment to the Constitution of the United States to require a balanced federal budget.

(This resolution was announced on February 26, amendments offered, yeas and nays ordered and consideration postponed. See Senate Journal No. 15, p. 158.)

The question being on the adoption of the amendments offered by Senator Hart,

Senator Stille offered the following amendments to the amendments:

The amendments to the amendments were adopted.

The yeas and nays having been ordered,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Cherry offered the following amendment:

"Resolved, That we urge that the proposed balanced budget amendment provide for line item veto and executive order authority for cutting appropriations as measures to achieve a balanced budget; and be it further".

The question being on the adoption of the amendment,

Senator Stille offered the following amendment to the amendment:

 

Senator DeGrow moved that Senator Dunaskiss be excused from the balance of today's session.

The motion prevailed.

 

Senator Berryman moved that Senator O'Brien be temporarily excused from the balance of today's session.

The motion prevailed.

 

The amendment to the amendment was adopted.

The amendment, as amended, was adopted.

 

Senator O'Brien entered the Senate Chamber.

 

The question being on the adoption of the resolution, as amended,

Senator Stille requested the yeas and nays.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senators Schwarz, Cherry, A. Smith and Peters, under their constitutional right of protest (Art. IV, Sec. 18), protested against the adoption of Senate Resolution No. 14.

Senator Schwarz' statement, in which Senators A. Smith and Peters concurred, is as follows:

I voted "no" on the resolution to support a balanced budget amendment because I believe that a balanced budget amendment won't work. I believe it's a short cut the Congress is trying to take to keep them from doing what they ought to do, which is just cut the budget. They can do that. It puts a great deal of power in the hands of the judiciary and like our state budget, which is purportedly balanced every year, it would allow the United States Congress to put billions and billions of dollars off budget, which is precisely what would happen. Balancing the budget is a good idea, a balanced budget amendment is a bad idea.

 

 

Senator Cherry moved that the statement he made during the discussion of the resolution be printed as his reasons for voting "no."

The motion prevailed.

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

I do think that the resolution that's before us now is much improved over the one that initially came to the floor. However, I think with the adoption of the Stille amendment to my amendment, we have removed a very important mechanism for ensuring that a balanced budget amendment is self-enforcing. Without that kind of self-enforcing mechanism, what we do accomplish is ultimately turning over to the federal judiciary the power to budget either by approving expenditures, cutting expenditures, and even raising taxes.

If the executive and the Congress don't do their job by constitutional amendment, the court must act. My language that would have suggested that the federal government use the same Michigan language that provides our executive with the power to automatically cut our budget subject to legislative review should our budget appear to be unbalanced-- that would have provided a fairly self-enforcing mechanism. Without that language, however, I'm very fearful that what we'll find in the not-so-distant future is the federal judiciary being asked to exercise legislative powers to balance the budget under this constitutional responsibility that we seek to insert into our national document.

That concerns me a great deal. Ultimately, I know it concerns this body as well because on a previous occasion we have expressed our concern and displeasure in allowing federal judges to raise taxes, particularly state taxes because they have felt that we have not lived up to our obligation, now we are ready to give the federal judiciary the power to raise federal taxes because, in their opinion, the U.S. Congress or the President of the United States has not acted to meet his or her constitutional obligation. That gives me great pause, and quite frankly, makes it impossible for me to vote for this particular resolution. I can, in fact, vote for one that includes mechanisms such as what Michigan uses to make a balanced budget amendment workable. It has served us well in the past. It can serve the federal government well, but without that kind of mechanism in this resolution, I intend to vote "no."

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

I concur with Senators Schwarz and Cherry that a balanced budget is absolutely the outcome we want. However, I oppose the balanced budget amendment because I believe it strips from Congress and the President the opportunity to respond in very desperate economic times with the kinds of assistance that states have become accustomed to, as they pass more money through to us to help us balance our own budget, to protect our unemployed. It also eliminates the opportunity that the federal government has used in past down times to create those programs which do create new job opportunities and keep revenue flowing and families on their feet.

 

By unanimous consent the Senate returned to the order of

 

 

Senator Gougeon introduced

Senate Bill No. 229, entitled

A bill to amend 1965 PA 232, entitled "Agricultural commodities marketing act," by amending section 8 (MCL 290.658), as amended by 1996 PA 216.

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

 

 

Senator Berryman introduced

Senate Bill No. 230, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending section 17 (MCL 121.17).

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

 

 

Senator Bouchard introduced

Senate Bill No. 231, entitled

A bill to amend 1969 PA 38, entitled "Hospital finance authority act," by amending section 16 (MCL 331.46).

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

 

 

Senator Miller introduced

Senate Bill No. 232, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act," by amending section 39 (MCL 125.1439), as amended by 1985 PA 183.

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

 

 

Senator Bennett introduced

Senate Bill No. 233, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the elections and duties of township officers, and the division of townships," by amending section 77 (MCL 41.77), as amended by 1989 PA 77.

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

 

 

Senator Bouchard introduced

Senate Bill No. 234, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 142 (MCL 389.142), as amended by 1984 PA 299.

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

 

 

Senator Emmons introduced

Senate Bill No. 235, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16350 and part 189.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Gast introduced

Senate Bill No. 244, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to adult corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by state agencies.

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

 

 

Senator Gast introduced

Senate Bill No. 245, entitled

A bill to make appropriations for the state institutions of higher education for the fiscal year ending September 30, 1998; and to provide for the expenditures of the appropriations.

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

 

 

Senator Gast introduced

Senate Bill No. 246, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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

 

 

Senator Gast introduced

Senate Bill No. 247, entitled

A bill to make appropriations for the department of military affairs and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

 

 

Senator Gast introduced

Senate Bill No. 248, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the various state agencies.

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

 

 

Senator Gast introduced

Senate Bill No. 249, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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

 

 

Senator Gast introduced

Senate Bill No. 250, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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

 

 

Senator Gast introduced

Senate Bill No. 251, entitled

A bill to make appropriations for the state transportation department and certain state purposes from the funds designated in this act for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Subcommittee on Natural Resources and Environmental Quality submits the following:

Meeting held on Tuesday, February 25, 1997, at 1:00 p.m., Senate Appropriations Room, Capitol Building

Present: Senators McManus, Gast, Hoffman, Koivisto and A. Smith

 

 

 

The Subcommittee on Transportation submits the following:

Meeting held on Wednesday, February 26, 1997, at 8:30 a.m., Senate Appropriations Room, Capitol Building

Present: Senators Hoffman and DeGrow

Excused: Senator Young

 

 

 

The Michigan Trial Court Assessment Commission submits the following:

Meeting held on Friday, February 21, 1997, at 10:00 a.m., 8th Floor Conference Room, Farnum Building

Present: Senator Dingell

Excused: Senator Van Regenmorter

 

 

 

 

Capital Outlay Joint Subcommittee - Thursday, March 6, at 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).

 

Education Committee - Tuesday, March 4, at 1:00 p.m., 8th Floor Conference Room, Farnum Building (3-3760).

 

Judiciary Committee - Tuesday, March 4, at 1:00 p.m., Room 100, Farnum Building (3-6920).

 

Michigan Sentencing Commission - Thursday, March 6, at 3:00 p.m. and Friday, March 7, at 9:30 a.m., Holiday Inn South, Lansing (3-7676).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:19 a.m.

 

The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Tuesday, March 4, at 10:00 a.m.