hj04227t.032

No. 32

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, April 22, 1997.

2:00 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agee--e/d/s

Alley--present

Anthony--present

Baade--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--e/d/s

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--excused

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. David Gubow, from the 35th District, offered the following invocation:

"Last night began the eight-day observance of the Jewish holiday of Passover. During this celebration of freedom, Jews around the world retell the story of their journey from slavery to freedom. In that spirit, let each of us do all we can to provide hope, opportunity and equal justice for all people. Amen."

______

Rep. Dobronski moved that Reps. Hood and Baade be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4443, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. McNutt moved to amend the bill as follows:

1. Amend page 1, line 10, after "LAW," by striking out the balance of the line through "MORE" on line 11 and inserting "ALL".

2. Amend page 3, line 7, after "(5)" by striking out the balance of the line through "3128.1772." on line 12 and inserting "TO BE ELIGIBLE FOR A THIRD GRADE GUARANTEE PROGRAM GRANT DESCRIBED IN THIS SECTION, THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY OPERATING AN AT-RISK SCHOOL SHALL AGREE TO PROVIDE ALL OF THE SERVICES AND PROGRAMS UNDER SUBSECTION (2) TO PUPILS IN GRADES K TO 3 IN THE AT-RISK SCHOOL; SHALL AGREE TO PROVIDE THOSE SERVICES AND PROGRAMS USING AT LEAST THE FUNDING RECEIVED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY PURSUANT TO THIS SECTION, AND THE FUNDING RECEIVED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY UNDER SECTION 31A OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1631A, FOR AT-RISK PUPILS IN GRADES K TO 3 IN THE AT-RISK SCHOOL; AND SHALL APPLY TO THE DEPARTMENT FOR THE GRANT AS PRESCRIBED IN THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1772.".

The question being on the adoption of the amendments offered by Rep. McNutt,

Rep. McNutt demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. McNutt,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 183 Yeas--52

Bankes Galloway Johnson Nye

Birkholz Geiger Kaza Oxender

Bobier Gernaat Kukuk Perricone

Bodem Godchaux Law Raczkowski

Brown Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Wetters

Fitzgerald Jellema Middleton Whyman

Nays--50

Alley Freeman Martinez Schauer

Anthony Gagliardi Mathieu Schermesser

Baird Griffin Murphy Schroer

Bogardus Gubow Olshove Scott

Brater Hale Owen Stallworth

Brewer Hanley Palamara Tesanovich

Callahan Harder Parks Thomas

Cherry Hertel Price Varga

Ciaramitaro Kelly Profit Vaughn

Curtis Kilpatrick Prusi Wallace

DeHart LaForge Quarles Willard

Dobronski Leland Rison Wojno

Frank Mans

In The Chair: Hertel

Rep. Brown moved to amend the bill as follows:

1. Amend page 2, following line 21, by inserting:

"(G) TEACHER TRAINING IN READING DISORDERS DESIGNED TO ENABLE TEACHERS TO RECOGNIZE AND DIAGNOSE READING DISORDERS IN CHILDREN IN THE EARLY ELEMENTARY GRADES.

(H) DEVELOPMENT AND IMPLEMENTATION OF SPECIALIZED INSTRUCTIONAL PROGRAMS FOR PUPILS DIAGNOSED WITH READING DISORDERS.".

The question being on the adoption of the amendment offered by Rep. Brown,

Rep. Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Brown,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 184 Yeas--73

Alley Emerson Law Quarles

Anthony Fitzgerald Leland Raczkowski

Baird Frank LeTarte Richner

Bankes Freeman London Rison

Birkholz Gagliardi Mans Schauer

Bodem Galloway Martinez Schermesser

Bogardus Gire Mathieu Schroer

Brackenridge Goschka McBryde Scranton

Brater Griffin Middaugh Stallworth

Brewer Gubow Middleton Tesanovich

Brown Gustafson Olshove Thomas

Callahan Hale Owen Varga

Cherry Hanley Oxender Vaughn

Ciaramitaro Harder Palamara Voorhees

Crissman Hertel Parks Wallace

Curtis Johnson Price Wetters

DeHart Kelly Profit Willard

Dobb LaForge Prusi Wojno

Dobronski

Nays--28

Bobier Godchaux Jellema Nye

Byl Green Kaza Perricone

Cassis Hammerstrom Kukuk Rhead

Dalman Horton Llewellyn Rocca

DeVuyst Jansen Lowe Sikkema

Geiger Jaye McManus Walberg

Gernaat Jelinek McNutt Whyman

In The Chair: Hertel

Rep. Cropsey moved that consideration of the bill be postponed temporarily.

The motion prevailed.

______

Rep. Agee entered the House Chambers.

Rep. Gilmer entered the House Chambers.

House Bill No. 4052, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241, and by adding sections 48a and 48b.

The bill was read a second time.

Rep. Anthony moved that the bill be placed on the order of Third Reading of Bills.

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

House Bill No. 4478, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 24 (MCL 38.24).

The bill was read a second time.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 1, line 6, after "SECTION" by striking out "20(4) OR (5)" and inserting "20(5)".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. DeHart moved that the bill be placed on the order of Third Reading of Bills.

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

The House returned to the consideration of

House Bill No. 4443, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

(The bill was considered earlier today, see today's Journal, p. 592.)

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, following line 22, by inserting:

"(7) THE DEPARTMENT SHALL NOT AWARD A GRANT PURSUANT TO THIS SECTION FOR A READING PROGRAM UNLESS THE PROGRAM INCLUDES A PHONICS-BASED APPROACH." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Rep. Cropsey,

Rep. Schroer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Cropsey,

After debate,

Rep. Kilpatrick demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the amendment offered by Rep. Cropsey,

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

Roll Call No. 185 Yeas--43

Bankes Gernaat Law Perricone

Bobier Goschka Llewellyn Raczkowski

Bodem Green London Rhead

Brewer Gustafson Lowe Rocca

Brown Horton McBryde Scranton

Cropsey Jansen McManus Sikkema

Curtis Jaye McNutt Thomas

DeVuyst Johnson Middaugh Voorhees

Fitzgerald Kaza Middleton Walberg

Galloway Kilpatrick Nye Whyman

Geiger Kukuk Olshove

Nays--61

Agee Dobb Jelinek Profit

Alley Dobronski Jellema Prusi

Anthony Emerson Kelly Quarles

Baird Frank LaForge Schauer

Birkholz Freeman Leland Schermesser

Bogardus Gagliardi LeTarte Schroer

Brackenridge Gilmer Mans Scott

Brater Gire Martinez Stallworth

Byl Godchaux Mathieu Tesanovich

Callahan Gubow Murphy Varga

Cassis Hale Owen Vaughn

Cherry Hammerstrom Oxender Wallace

Ciaramitaro Hanley Palamara Wetters

Crissman Harder Parks Willard

Dalman Hertel Price Wojno

DeHart

In The Chair: Hertel

Rep. Brewer moved that the bill be placed on the order of Third Reading of Bills.

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

Rep. Gagliardi moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4443, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 186 Yeas--55

Agee Frank Leland Rocca

Anthony Freeman Mans Schauer

Baird Gagliardi Martinez Schermesser

Bogardus Gire Mathieu Schroer

Brater Goschka Murphy Scott

Brewer Griffin Olshove Stallworth

Brown Gubow Owen Tesanovich

Callahan Hale Palamara Thomas

Cherry Hanley Parks Varga

Ciaramitaro Harder Price Vaughn

Curtis Hertel Profit Wallace

DeHart Kelly Prusi Willard

Dobronski Kilpatrick Quarles Wojno

Emerson LaForge Rison

Nays--52

Alley Fitzgerald Jellema Middleton

Bankes Galloway Johnson Nye

Birkholz Geiger Kaza Oxender

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Scranton

Crissman Hammerstrom Lowe Sikkema

Cropsey Horton McBryde Voorhees

Dalman Jansen McManus Walberg

DeVuyst Jaye McNutt Wetters

Dobb Jelinek Middaugh Whyman

In The Chair: Hertel

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

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

______

Rep. Hammerstrom, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against HB 4443 because I believe this is a back door approach to reinstituting categoricals and thus undermining one of the best provisions of Proposal A. Instead of providing funding for only a few schools who meet very specific mandated requirements, we should allocate the funds to all schools to provide reading programs for "at risk" students."

Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Control of public education should rest with parents, teachers, administrators and elected school board members at the local level, not with Lansing or Washington.

This legislation would impose a new mandate on local school districts. It betrays a fundamental distrust of parents, teachers, administrators, elected school board members and the principle of local control of public education."

Rep. Gagliardi moved that House Bill No. 4478 be placed on its immediate passage.

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

House Bill No. 4478, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 24 (MCL 38.24).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 187 Yeas--80

Agee DeHart Kelly Profit

Alley DeVuyst Kilpatrick Prusi

Anthony Dobb LaForge Quarles

Baird Dobronski Law Rhead

Bankes Frank Leland Rison

Birkholz Freeman LeTarte Rocca

Bobier Gagliardi Mans Schauer

Bodem Galloway Martinez Schermesser

Bogardus Gilmer Mathieu Schroer

Brackenridge Gire McManus Scott

Brater Griffin McNutt Scranton

Brewer Gubow Middaugh Stallworth

Brown Hale Middleton Tesanovich

Byl Hammerstrom Murphy Thomas

Callahan Hanley Olshove Vaughn

Cassis Harder Owen Voorhees

Cherry Hertel Oxender Wallace

Ciaramitaro Jelinek Palamara Wetters

Crissman Jellema Parks Willard

Curtis Johnson Price Wojno

Nays--25

Cropsey Green Kukuk Perricone

Dalman Gustafson Llewellyn Raczkowski

Fitzgerald Horton London Richner

Geiger Jansen Lowe Sikkema

Gernaat Jaye McBryde Walberg

Godchaux Kaza Nye Whyman

Goschka

In The Chair: Hertel

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

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

______

Rep. Frank moved that Rep. Brewer be excused temporarily from today's session.

The motion prevailed.

Rep. Gagliardi moved that Reps. Baird and Martinez be excused temporarily from today's session.

The motion prevailed.

Rep. Gagliardi moved that House Bill No. 4052 be placed on its immediate passage.

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

House Bill No. 4052, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241, and by adding sections 48a and 48b.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 188 Yeas--56

Agee Emerson Kilpatrick Rocca

Anthony Frank Kukuk Schauer

Birkholz Gagliardi Leland Schermesser

Bodem Gire Mans Scott

Bogardus Goschka Murphy Scranton

Brater Griffin Olshove Stallworth

Brown Gubow Owen Tesanovich

Callahan Hale Palamara Thomas

Cherry Hanley Parks Varga

Ciaramitaro Harder Price Vaughn

Curtis Hertel Profit Wallace

DeHart Jelinek Prusi Wetters

DeVuyst Kaza Quarles Willard

Dobronski Kelly Rison Wojno

Nays--44

Bankes Geiger Johnson Nye

Bobier Gernaat Law Oxender

Brackenridge Gilmer LeTarte Perricone

Byl Godchaux Llewellyn Raczkowski

Cassis Green London Rhead

Crissman Gustafson Lowe Richner

Cropsey Hammerstrom McBryde Schroer

Dalman Horton McManus Sikkema

Dobb Jansen McNutt Voorhees

Fitzgerald Jaye Middaugh Walberg

Galloway Jellema Middleton Whyman

In The Chair: Hertel

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

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

______

Rep. London, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

The reason I voted no on the bill is that I asked the sponsor how much it would cost and how many conservation officers would be impacted. He could not answer my question. This bill moved all the way in one day. I didn't have time to get my answers elsewhere."

Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. DeVuyst, Geiger, McBryde, Horton, Llewellyn, Dalman, Cropsey, Lowe, Rhead, Oxender, Goschka, Raczkowski, Gernaat, Bodem, Green, Voorhees, Fitzgerald, McManus, Jelinek and Wetters offered the following resolution:

House Resolution No. 35.

A resolution to encourage the Department of Natural Resources and the Natural Resources Commission to increase efforts to reduce deer crop damage and the number of deer/car accidents.

Whereas, Over the past several years, Michigan's large deer population has resulted in more crop damage and a growing number of accidents on the state's roads. In the fall of 1996, it was estimated that the state's deer population was between 1.8 and 2 million; and

Whereas, According to records of the Department of State Police, the number of deer/car accidents in Michigan more than doubled in the ten-year period from 1985 to 1995. This increase, from 28,968 accidents in 1985 to 62,502 in 1995, also reflects a shift in patterns of development in the state; and

Whereas, In response to the size of the deer population and the related traffic safety and crop losses, hunting was increased. While this is an appropriate response to the problem, there must be other initiatives that could address the problems statewide and in specific regions. The costs to safety and agriculture argue for stronger efforts; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Department of Natural Resources and the Natural Resources Commission to increase efforts to reduce deer crop damage and the number of deer/car accidents; and be it further

Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.

The resolution was referred to the Committee on Conservation, Environment and Recreation.

Reps. Wojno, Murphy, Olshove, Jelinek, Bogardus and Richner offered the following resolution:

House Resolution No. 36.

A resolution to urge the Michigan Aeronautics Commission to oppose a proposal to expand the Detroit City Airport.

Whereas, The Michigan Aeronautics Commission is presently considering a proposal to expand the Detroit City Airport. The expansion includes a planned runway lengthening to increase the traffic capacity available through the facility; and

Whereas, Individually and collectively through a study committee, several local communities and groups have expressed their opposition to the proposed airport expansion. Compelling arguments against expanding the airport include legitimate concerns over the increased noise in the area, little need for the increased capacity, and taxpayer costs that cannot be justified; and

Whereas, With Detroit Metropolitan Airport's expansion, the Detroit area is well served with airport capacity. Increases proposed at City Airport will not be significant enough to warrant the expenditure of somewhere between $100 and $145 million, as estimates indicate; and

Whereas, The plans for Detroit City Airport are ambitious and a major commitment for the area. In addition to the financial commitment, which would include the costs for relocating a portion of Van Dyke Avenue, the proposal entails environmental issues, especially increased noise. To take on a task like this, it must be clear that the benefits are worth the expenditures and the impact on the community. In this instance, with ample airport resources in the area, the project should not be undertaken; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Aeronautics Commission to oppose a proposal to expand the Detroit City Airport; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Aeronautics Commission.

The resolution was referred to the Committee on House Oversight and Ethics.

Reps. Wojno, Olshove, Murphy, Jelinek, Bogardus and Richner offered the following concurrent resolution:

House Concurrent Resolution No. 36.

A concurrent resolution to urge the Michigan Aeronautics Commission to oppose a proposal to expand the Detroit City Airport.

Resolved by the House of Representatives (the Senate concurring), That we urge the Michigan Aeronautics Commission to oppose a proposal to expand the Detroit City Airport; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Aeronautics Commission.

The concurrent resolution was referred to the Committee on House Oversight and Ethics.

Reports of Standing Committees

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 1996 PA 300.

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4299 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, McBryde, Oxender,

Nays: None.

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 4309, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1998; to make appropriations for state building authority rent and insurance; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, and officers.

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4309 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Jellema, McBryde,

Nays: Reps. Bankes, Bobier, Godchaux, Jansen, Johnson, Oxender.

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 4310, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 11, 13, 17b, 18, 20, 24, 26, 31a, 36, 39, 41, 51a, 52, 53a, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 107, 108, 111, 124, 147, 151, 163, 167, and 169a (MCL 388.1603, 388.1606, 388.1611, 388.1613, 388.1617b, 388.1618, 388.1620, 388.1624, 388.1626, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1658, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1699, 388.1701, 388.1704a, 388.1707, 388.1708, 388.1711, 388.1724, 388.1747, 388.1751, 388.1763, 388.1767, and 388.1769a), sections 3, 6, 11, 13, 17b, 18, 20, 24, 31a, 36, 39, 41, 52, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 111, 124, 147, 163, and 167 as amended and sections 51a, 53a, 107, 108, and 169a as added by 1996 PA 300, section 26 as amended by 1994 PA 283, and section 151 as amended by 1995 PA 130, and by adding sections 17d, 20g, 20j, 26a, 61b, 61c, and 61d; and to repeal acts and parts of acts.

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4310 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Stallworth, Tesanovich, Bankes, Godchaux, Jellema, Oxender,

Nays: Reps. Schroer, Gilmer, Bobier, Geiger, Jansen, McBryde.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hood, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Thursday, April 17, 1997, at 11:15 a.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender.

The Committee on Human Services and Children, by Rep. LaForge, Chair, reported

House Bill No. 4097, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 1, line 2, after "EACH" by striking out "RECIPIENT" and inserting "GRANTEE".

2. Amend page 1, line 3, after "OF" by striking out "TRANSITIONAL".

3. Amend page 1, line 3, after "SERVICES" by inserting "AND TRANSITIONAL MEDICAID".

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4097 To Report Out:

Yeas: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, London, McManus,

Nays: Rep. Jaye.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, Jaye, London, McManus.

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4146, entitled

A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 2 (MCL 397.602).

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4146 To Report Out:

Yeas: Reps. Dobronski, Mans, Brewer, Callahan, Brackenridge, Crissman,

Nays: None.

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4448, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4448 To Report Out:

Yeas: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Dobronski, Chair of the Committee on Local Government, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 9:00 a.m.,

Present: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4450, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2815 (MCL 333.2815), as amended by 1985 PA 20.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 1, after "blank" by inserting a comma and "INCLUDING, BUT NOT LIMITED TO, A FORM OR BLANK IN AN ELECTRONIC FORMAT,".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4450 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Nays: None.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4620, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

The committee recommended that the bill be referred to the Committee on Transportation.

Favorable Roll Call

HB 4620 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Transportation.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palamara, Chair of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 10:30 a.m.,

Present: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Murphy, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Absent: Rep. Leland,

Excused: Rep. Leland.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Monday, April 21, 1997, at 2:00 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Kilpatrick, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Richner, Voorhees,

Absent: Reps. Hanley, Perricone,

Excused: Reps. Hanley, Perricone.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 9:00 a.m.,

Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman, Law, McNutt, Richner,

Absent: Reps. Willard, Fitzgerald,

Excused: Reps. Willard, Fitzgerald.

Messages from the Senate

House Bill No. 4142, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending sections 113, 114, and 117 (MCL 55.113, 55.114, and 55.117).

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4143, entitled

A bill to amend 1969 PA 57, entitled "Uniform recognition of acknowledgments act," by amending section 2 (MCL 565.262).

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Notices

Public Hearing

Committee on Consumer Protection

Date: Thursday, April 24, 1997

Time: 6:00 - 8:00 p.m.

Place: Pennfield High School, 8587 Q Dr. N., Battle Creek, MI

Place: Cafetorium

Rep. Liz Brater

Chair

Agenda: Tainted Strawberries

Place: any and/or all business properly before this committee.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, April 21:

House Bill Nos. 4616 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 4629

4630 4631 4632 4633 4634 4635 4636

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, April 22:

House Bill Nos. 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647

The Clerk announced that the following Senate bills had been received on Tuesday, April 22:

Senate Bill Nos. 133 227 228

Messages from the Governor

The following message from the Governor was received April 17, 1997 and read:

EXECUTIVE ORDER

1997-7

Department of Military Affairs

Department of Military and Veterans Affairs

Executive Reorganization

WHEREAS, Article V, Section 1, of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, the Michigan Department of Military Affairs was created by Act No. 380 of the Public Acts of 1965, as amended, being Section 16.225 et seq. of the Michigan Compiled Laws; and

WHEREAS, the Department of Military Affairs, in addition to its traditional mission of administering the Michigan National Guard, is responsible for all state programs supporting veterans' services; and

WHEREAS, the Director of the Department of Military Affairs administers the Grand Rapids Home for Veterans, the D.J. Jacobetti Home for Veterans Trust Fund and grants to veterans service organizations from the State of Michigan; and

WHEREAS, it is important to recognize that the Department of Military Affairs has dual missions of being prepared for active service and supporting and maintaining veterans services.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, and in recognition of the Department's dual missions of readiness and veterans' services, do hereby order the following:

The Department of Military Affairs is hereby renamed the Department of Military and Veterans Affairs.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective 60 days after filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 17th day of April, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

Communications from State Officers

The following communication from the Senate and House Fiscal Agencies was received and read:

April 14, 1997

RE: Technical Appendix
to the Report Of The Joint Legislative Work Groups On
Program Performance Assessment

Enclosed, as specified in the referenced report*, is a copy of the Technical Appendix.

*"Additionally, a technical appendix documenting all phases of the project will be filed with the Clerks of the House and Senate, and copies will be available for review at the offices of the House and Senate Fiscal agencies and the Michigan State Library."

The communication was referred to the Clerk.

The following communication from the Northwest Michigan Council of Governments was received and read:

April 11, 1997

Enclosed are summaries of four plans developed under the Job Training Partnership Act (JTPA) for the year beginning July 1, 1997, covering the ten county northwest Michigan region. Included are summaries for:

-JTPA Title IIA (for economically disadvantaged adults);

-JTPA Title IIC (year round program for economically disadvantaged youth);

-JTPA Title III (for dislocated workers);

-JTPA Title IIA 5% (for older workers).

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

Jan Warren

Program Development Coordinator

The communication was referred to the Clerk.

Introduction of Bills

Reps. Schroer, Profit, Gire, Cherry, Willard, Hammerstrom, Quarles, LaForge and Bogardus introduced

House Bill No. 4648, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 3 (MCL 125.2303) and by adding section 7a.

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

Reps. Schroer, Bogardus, Cherry, Baird, Willard, Gire, Dalman, Quarles, Martinez and LaForge introduced

House Bill No. 4649, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 103 (MCL 700.103).

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

Reps. Schroer, Baird, Gire, Schauer, Martinez and LaForge introduced

House Bill No. 4650, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 21004, 21051, and 21053c (MCL 333.21004, 333.21051, and 333.21053c), sections 21004 and 21051 as amended by 1982 PA 354 and section 21053c as added by 1996 PA 515, and by adding sections 21052a, 21052b, 21052c, 21052d, 21052e, 21053d, and 21095.

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

Reps. Schroer, Cherry, Baird, Gire, LaForge and Bogardus introduced

House Bill No. 4651, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 1996 PA 320.

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

Reps. Law and Bankes introduced

House Bill No. 4652, entitled

A bill to repeal 1994 PA 325, entitled "The international tradeport development authority act," (MCL 125.2521 to 125.2546).

The bill was read a first time by its title and referred to the Committee on Urban Policy and Economic Development.

Reps. LeTarte, DeVuyst and Oxender introduced

House Bill No. 4653, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 811d, 811e, and 811f.

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

Reps. LeTarte, DeVuyst, Middleton, Rhead, McNutt, Oxender, Middaugh, Mathieu, Agee, McBryde, London, Baade, Gire, Brackenridge, Price and Griffin introduced

House Bill No. 4654, entitled

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

The bill was read a first time by its title and referred to the Committee on Colleges and Universities.

Reps. Varga, McNutt, Gernaat, Nye, Walberg, Goschka, Horton, Jansen, Olshove, Bodem, Cassis, McManus, Crissman, Bankes, Dobb, Birkholz, Johnson, Dalman and Perricone introduced

House Bill No. 4655, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

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

Reps. Dalman, McNutt, Gernaat, Nye, Walberg, Raczkowski, Goschka, Horton, Jansen, Olshove, Varga, Cassis, McManus, Crissman, Birkholz, Johnson and Perricone introduced

House Bill No. 4656, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 19 (MCL 552.519), as amended by 1996 PA 366.

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

Reps. McManus, Goschka, Rocca, Jansen, Horton, Bobier, Voorhees, Dobb, McBryde, Raczkowski, Lowe, Birkholz, Green, Cropsey, Jaye and Perricone introduced

House Bill No. 4657, entitled

A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending sections 6 and 7 (MCL 15.216 and 15.217).

The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.

Reps. Hammerstrom, McManus, Goschka, Galloway, Bobier, Cassis, McBryde, Richner, Lowe, Green, Voorhees, Mans, Schroer, Rhead, Llewellyn and Perricone introduced

House Bill No. 4658, entitled

A bill to designate the official fruit of this state.

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

Rep. Freeman introduced

House Bill No. 4659, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 149 (MCL 750.149) and by adding section 149a.

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

Reps. Lowe, Goschka, Walberg, Oxender, McBryde, Middleton, Cropsey, Horton, McManus, Gernaat and Voorhees introduced

House Bill No. 4660, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2965.

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

Rep. Law introduced

House Bill No. 4661, entitled

A bill to amend 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528).

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

Reps. London, McBryde, Goschka, Mans, Dalman, Leland, Olshove, Baade, Green, Gernaat, Birkholz, Byl, Middleton, Curtis, Schermesser, Schauer, Brown and Galloway introduced

House Bill No. 4662, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d.

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

Reps. London, McBryde, Goschka, Mans, Dalman, Leland, Olshove, Baade, Green, Gernaat, Birkholz, Byl, Middleton, Curtis, Schermesser, Schauer and Galloway introduced

House Bill No. 4663, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending the title and sections 1 and 2 (MCL 28.291 and 28.292), section 2 as amended by 1996 PA 204, and by adding sections 1a, 5a, 6, 7, 8, 9, and 10.

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

Reps. McManus, Goschka, Rocca, Jansen, Horton, Bobier, Voorhees, Dobb, McBryde, Raczkowski, Lowe, Birkholz, Green, Cropsey, Jaye and Perricone introduced

House Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to provide that the state officers compensation commission's determination of certain salaries and expense allowances become effective only upon approval by the legislature for the following legislative session.

The joint resolution was read a first time by its title and referred to the Committee on House Oversight and Ethics.

______

Rep. Byl moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

The Speaker declared the House adjourned until Wednesday, April 23, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.