No. 31
JOURNAL OF THE HOUSE
House Chamber, Lansing, Thursday, April 17, 1997.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
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--present
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--present
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--e/d/s
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. Derrick Hale, from the 14th District, offered the following invocation:
"Thank You, God, for giving us this day so that we may be able to serve the citizens of the state of Michigan. Also, that we may understand and love one another and that we can come together to some form of reasonable understanding. We pray that God will be able to lead us so that we may be able to help the citizens of our state. Amen."
Third Reading of Bills
House Bill No. 4403, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas--107
Agee Emerson Johnson Price
Alley Fitzgerald Kaza Profit
Anthony Frank Kelly Prusi
Baade Freeman Kilpatrick Quarles
Baird Gagliardi Kukuk Raczkowski
Bankes Galloway LaForge Rhead
Birkholz Geiger Law Richner
Bobier Gernaat Leland Rison
Bodem Gilmer LeTarte Rocca
Bogardus Gire Llewellyn Schauer
Brackenridge Godchaux London Schermesser
Brater Goschka Lowe Schroer
Brewer Green Mans Scott
Brown Griffin Martinez Scranton
Byl Gubow Mathieu Sikkema
Callahan Gustafson McBryde Tesanovich
Cassis Hale McManus Thomas
Cherry Hammerstrom McNutt Varga
Ciaramitaro Hanley Middaugh Vaughn
Crissman Harder Middleton Voorhees
Cropsey Hertel Murphy Walberg
Curtis Hood Nye Wallace
Dalman Horton Olshove Wetters
DeHart Jansen Oxender Whyman
DeVuyst Jaye Palamara Willard
Dobb Jelinek Parks Wojno
Dobronski Jellema Perricone
Nays--1
Owen
In The Chair: Murphy
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 328 and 907 (MCL 257.328 and 257.907), as amended by 1995 PA 287.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4404, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 33, 35, and 39 (MCL 552.633, 552.635, and 552.639), sections 33 and 35 as amended by 1996 PA 336.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas--104
Agee Fitzgerald Kelly Price
Alley Frank Kilpatrick Profit
Anthony Freeman Kukuk Prusi
Baade Gagliardi LaForge Quarles
Baird Galloway Law Raczkowski
Bankes Geiger Leland Rhead
Birkholz Gernaat LeTarte Richner
Bobier Gilmer Llewellyn Rison
Bodem Gire London Rocca
Bogardus Godchaux Lowe Schauer
Brackenridge Goschka Mans Schermesser
Brown Green Martinez Schroer
Byl Griffin Mathieu Scott
Callahan Gubow McBryde Scranton
Cassis Gustafson McManus Sikkema
Cherry Hale McNutt Tesanovich
Ciaramitaro Hammerstrom Middaugh Thomas
Crissman Hanley Middleton Varga
Cropsey Harder Murphy Vaughn
Curtis Hood Nye Voorhees
Dalman Horton Olshove Walberg
DeHart Jansen Owen Wallace
DeVuyst Jelinek Oxender Wetters
Dobb Jellema Palamara Whyman
Dobronski Johnson Parks Willard
Emerson Kaza Perricone Wojno
Nays--1
Jaye
In The Chair: Murphy
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.
Second Reading of Bills
House Bill No. 4514, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80142 (MCL 324.80142), as amended by 1996 PA 174.
The bill was read a second time.
Rep. McNutt 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. Stallworth entered the House Chambers.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, April 22, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Mathieu, Dalman, Kelly, LaForge, Dobronski, Sikkema, Hale, Baade, Freeman, Jellema, Richner, Goschka, Vaughn, Baird, Wetters, Tesanovich, Prusi, DeHart, Martinez, Cherry, Gernaat, Bodem, Quarles, Gire, Voorhees, Parks, Hood, London, Price, Horton, Jansen, Varga, Scott and Hanley offered the following resolution:
House Resolution No. 33.
A resolution honoring Mrs. Helen Jackson Claytor.
Whereas, That it is a genuine pleasure to extend special greetings to Helen Claytor upon the occasion of her 90th Birthday. We are grateful for this opportunity to join with the family and many friends of Helen Claytor as we honor an individual who truly understands the beauty of life in its challenges and triumphs; and
Whereas, Born on April 12, 1907, Helen Claytor grew up in a world quite different in many ways from the one we know today. In the span of her lifetime, tremendous cultural, sociological, and technological changes have transpired here in Michigan and elsewhere. That Helen Claytor has lived and tasted of life throughout this period has given her insight, experience, and wisdom few of us can fully appreciate; and
Whereas, Helen Claytor and her husband, Dr. Robert Claytor, raised their children Roger, Judith, and Sharon to be caring adults and outstanding citizens; Helen has been an exemplary resident of Grand Rapids for fifty-four years and has promoted the cause of ecumenism and interracial worship through a half century of active membership at St.Philip's Episcopal Church; Helen was elected as president of the Grand Rapids YWCA board in 1949, elected as president of the National Board in 1967, elected to the YWCA World Council and traveled extensively to improve women's lives, and took a leading role in drafting the Justice and Equality Imperative to eliminate racism in the National YWCA Organization; and Helen has served on numerous local, state, and national boards with distinction and honor. Long ago, Charles Dickens made an observation on aging that often seems applicable to people like Helen Claytor, who have contributed a great deal to life around them. He said:
Father Time is not always a hard parent, and, though he tarries for none of his children, he often lays his hand lightly on those who have used him well.
Surely, Helen Claytor breathes great meaning into this thought; now, therefore, be it
Resolved by the House of Representatives, Therefore, This document is signed and dedicated to offer birthday greetings to Helen Claytor as she marks her 90th Birthday. May the health and happiness her years so richly merit be with her always; and be it further
Resolved, That a copy of this resolution be transmitted to Helen as evidence of our best wishes for the future.
Pending the reference of the resolution to a committee,
Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Mathieu, Dalman, Kelly, LaForge, Dobronski, Sikkema, Hale, Baade, Freeman, Jellema, Richner, Goschka, Vaughn, Baird, Wetters, Tesanovich, Prusi, DeHart, Cherry, Gernaat, Bodem, Gire, Voorhees, Parks, London, Horton, Jansen, Varga, Scott and Hanley offered the following resolution:
House Resolution No. 34.
A resolution honoring Richard D. Zimmerman.
Whereas, That Richard Zimmerman has been selected to receive the Fire Fighter of the Year Award in grateful recognition of outstanding service to the people of the entire community as a member of the Grand Rapids Fire Department. On this occasion, it is most appropriate to offer this expression of the value that we all place on the work that Richard Zimmerman has taken on and handled so well in seeking to protect the lives and property of others; and
Whereas, Through his dedicated efforts with the Grand Rapids Fire Department, Richard Zimmerman has clearly put into action the highest standards of citizenship and unselfishness. This concern for others is most obvious in the often heroic battles of fighting fires and trying to prevent the loss of life. These days, however, working as a fire fighter requires even more than courage and determination. Indeed, with the changes in equipment and the hazards of toxic materials, dedicated fire fighters like Richard Zimmerman must also put in plenty of extra time to learn and prepare long before an alarm is sounded; and
Whereas, The quality of a fire department has a significant impact on any community. Whether the department is a volunteer unit relying on neighbors or a highly sophisticated urban department, we all rely on people like Richard Zimmerman for the safety of our homes, businesses, and the lives of those we love; now, therefore, be it
Resolved by the House of Representatives, That this document is signed and dedicated to congratulate Richard Zimmerman of the Grand Rapids Fire Department as he is honored with the Fire Fighter of the Year Award. May Richard Zimmerman and his family enjoy the health and happiness his efforts have earned; and be it further
Resolved, That a copy of this resolution be transmitted to Richard as evidence of our best wishes for the future.
Pending the reference of the resolution to a committee,
Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
Senate Bill No. 208, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Public Retirement, by Rep. DeHart, Chair, reported
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.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4052 To Report Out:
Yeas: Reps. DeHart, Brewer, Dobronski, Griffin, Mans, Jelinek,
Nays: Reps. Rhead, LeTarte.
The Committee on Public Retirement, by Rep. DeHart, Chair, reported
House Bill No. 4478, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 24 (MCL 38.24).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4478 To Report Out:
Yeas: Reps. DeHart, Brewer, Dobronski, Griffin, Mans, Rhead, Jelinek, LeTarte,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeHart, Chair of the Committee on Public Retirement, was received and read:
Meeting held on: Thursday, April 17, 1997, at 9:00 a.m.,
Present: Reps. DeHart, Brewer, Dobronski, Griffin, Mans, Rhead, Dobb, Jelinek, LeTarte.
The Committee on Transportation, by Rep. Leland, Chair, reported
House Bill No. 4280, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 5, after "age" by inserting a comma and "when transported in the front seat,".
2. Amend page 2, line 8, by inserting:
"(c) Any child 1 year of age or more but less than 4 years of age, when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 C.F.R. 571.213, unless the child is secured by a safety belt provided in the motor vehicle, except as provided in subsection (6).".
3. Amend page 5, following line 9, by inserting:
"(8) THE DEPARTMENT SHALL ENGAGE AN INDEPENDENT ORGANIZATION TO CONDUCT A 3-YEAR STUDY TO DETERMINE THE IMPACT THAT THE PRIMARY ENFORCEMENT OF THIS SECTION HAS ON THE NUMBER OF INCIDENTS OF POLICE HARASSMENT OF DRIVERS. THE ORGANIZATION THAT CONDUCTS THE STUDY SHALL SUBMIT A REPORT TO THE LEGISLATURE NO LATER THAN JUNE 30, 2001.".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4280 To Report Out:
Yeas: Reps. Schermesser, Baade, Brown, Mans, Schauer, Scott, Wojno, London, Birkholz, Byl, Green, Middleton,
Nays: Reps. Leland, Gernaat.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 4:45 p.m.,
Present: Reps. Leland, Schermesser, Baade, Brown, Mans, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,
Absent: Reps. Curtis, Olshove,
Excused: Reps. Curtis, Olshove.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, April 17, 1997, at 8:30 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, Green, DeVuyst, Gernaat, Jelinek, Nye,
Absent: Reps. LaForge, Willard, Horton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Freeman, Chair of the Committee on Corrections, was received and read:
Meeting held on: Thursday, April 17, 1997, at 8:30 a.m.,
Present: Reps. Freeman, Mans, Agee, Callahan, DeHart, Galloway, Nye, Perricone,
Absent: Rep. Jaye.
Introduction of Bills
Reps. McNutt, Brackenridge, Hammerstrom, Goschka, McBryde and Middleton introduced
House Bill No. 4645, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding section 27a to chapter VIII.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Brown, Kilpatrick, Cropsey, McNutt, Gire, Cherry, Agee, Brater, Gagliardi, Schauer and Bodem introduced
House Bill No. 4646, entitled
A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).
The bill was read a first time by its title and referred to the Committee on Senior Citizens and Veterans Affairs.
Reps. DeVuyst, Goschka, McBryde, Dalman, Rhead, Voorhees, Griffin, Horton, Raczkowski, Jellema, Lowe, Wetters, McManus, Oxender, Middaugh, Cropsey, Cassis, Green, McNutt, LeTarte, Llewellyn and Perricone introduced
House Bill No. 4647, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811d.
The bill was read a first time by its title and referred to the Committee on Transportation.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following Senate bill had been approved and signed by the Governor:
Enrolled Senate Bill No. 127 - Public Act No. 3
______
Rep. Baird moved that the House adjourn.
The motion prevailed, the time being 11:25 a.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, April 22, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.