HomeMy WebLinkAboutResolutions - 1992.02.13 - 19900LAWRENCE R. PERNICK
Cofilmissioner District #20
January 2, 1992
MISC. RESOLUTION #92002
BY: LAWRENCE R. PERNICK
RE: (SUPPORT) S. 2080, PREEMPTION CLARIFICATION AND INFORMATION
ACT OF 1991
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, in recognition that state and local governments
carry the day-to-day responsibility for the health, safety and
welfare of their citizens, Senators Carl Levin and David
Durenburger have introduced legislation which requires specific
language provision be made in all future legislation when it is
Congress' intent to preempt local statute or ordinance, and
WHEREAS, the requirement for inclusion of this explicit
language will save local governments much time, confusion and money
by eliminating the necessity of litigating the question of
Congress' intent, particularly in matters where Congress sets a
floor or ceiling, but does not address state and local governments
ability to go beyond the federal requirements, and
WHEREAS, the language of S.2080 states simply that "No
statute, or rule promulgated under such statute, shall preempt in
whole or in part, any State or local government law, ordinance, or
regulation, unless the statute explicitly states that such
preemption is intended or unless there is a direct conflict between
such statute and a State or local law, ordinance, or regulation so
the two cannot be reconciled or consistently stand together."
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners does hereby support S.2080, Preemption
Clarification and Information Act of 1991, and urges that the
Michigan Association of Counties take a vocal position in support
of this federal legislation.
BE IF FURTHER RESOLVED that certified copies of this
resolution be forwarded to Senators Riegle and Levin, the Michigan
Association of Counties and our Legislative Agent.
Mr. Chairperson, we move the adoption of the foregoing resolution.
REPORT February 13, 1992
BY: GENERAL GOVERNMENT COMMITTEE -
Richard G. Skarritt, Chairperson
RE: Miscellaneous Resolution #92002, (Support) S. 2080, Preemption
Clarification and Information Act of 1991
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted.
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
‘IcE'RAL GO ENERAL GOVERNMENT COMMITTEE
(171,9
Resolution # 92002 . February 13, 1992
Moved by Skarritt supported by Palmer the General Government Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Palmer the resolution be adopted.
AYES: Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell,
McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge,
Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens.
(25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
• STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on Febr_gary 13, 1992
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac. Michigan this 13th day of-) February 1992
.L./4.
Lyn/. Allen, County ClerK