No. 38
JOURNAL OF THE HOUSE
House Chamber, Lansing, Tuesday, May 6, 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--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--excused
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--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
The Rev. Joe Williams, traveling Evangelist from Corunna, offered the following invocation:
"Heavenly Father, As You bend over the balcony of Heaven to look upon us, we have come to approach the throne of grace and ask that You bless the House of Representatives today. We pray that You would bless each and every member of the House and that You would give them continued wisdom, knowledge, understanding and direction as they continue to make the decisions which affect the people of Michigan--not only today, but in generations to come. We ask this in Jesus' name, Amen."
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Rep. Dobronski moved that Rep. Emerson be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4307, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Gilmer moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 33, line 24, after "committees," by inserting "the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 42, following line 17, by inserting:
"Sec. 505. As a condition of expenditure of appropriations for the parole board, if a person has previously been convicted of a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or a substantially similar provision of the law of another state and the person is incarcerated for a subsequent violation of section 520b, 520c, 520d, 520e, or 520g, the parole board shall not release the prisoner on parole until the prisoner submits to physical or chemical castration. As used in this section, "chemical castration" means treatment with depo-provera or a substantially equivalent treatment.".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 261 Yeas--73
Alley DeVuyst Johnson Palamara
Baade Dobb Kaza Perricone
Bankes Dobronski Kukuk Profit
Birkholz Frank Law Prusi
Bobier Gagliardi Llewellyn Raczkowski
Bodem Galloway London Rhead
Bogardus Gernaat Lowe Richner
Brackenridge Gilmer Mans Rocca
Brewer Godchaux Mathieu Schauer
Brown Goschka McBryde Schermesser
Byl Green McManus Scranton
Callahan Gustafson McNutt Sikkema
Cassis Hammerstrom Middaugh Tesanovich
Cherry Harder Middleton Voorhees
Crissman Horton Nye Walberg
Cropsey Jansen Olshove Whyman
Curtis Jaye Owen Willard
Dalman Jelinek Oxender Wojno
DeHart
Nays--31
Agee Griffin Leland Schroer
Anthony Gubow LeTarte Scott
Baird Hale Martinez Stallworth
Brater Hood Murphy Thomas
Ciaramitaro Jellema Parks Vaughn
Fitzgerald Kelly Price Wallace
Geiger Kilpatrick Quarles Wetters
Gire LaForge Rison
In The Chair: Hertel
Rep. Jaye moved to amend the bill as follows:
1. Amend page 60, following line 3, by inserting:
"Sec. 1112. Funds appropriated in section 101 for the operation of correctional facilities are appropriated subject to the condition that the department turn on lights in prisoner housing and recreation areas no earlier than 6 a.m. and turn those lights off no later than 9 p.m. This section does not apply to areas used by corrections officers between 9p.m. and 6 a.m. in performing their duties as corrections officers.".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 262 Yeas--12
Birkholz Green Jelinek Perricone
Curtis Jansen Kukuk Richner
Goschka Jaye McBryde Rocca
Nays--94
Agee Dobronski Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank LaForge Quarles
Baade Freeman Law Rhead
Baird Gagliardi Leland Rison
Bankes Galloway LeTarte Schauer
Bobier Geiger Llewellyn Schermesser
Bodem Gernaat London Schroer
Bogardus Gilmer Lowe Scott
Brackenridge Gire Mans Scranton
Brater Godchaux Martinez Sikkema
Brewer Griffin Mathieu Stallworth
Brown Gubow McManus Tesanovich
Byl Gustafson McNutt Thomas
Callahan Hale Middaugh Varga
Cassis Hammerstrom Middleton Vaughn
Cherry Hanley Murphy Voorhees
Ciaramitaro Harder Nye Walberg
Crissman Hertel Owen Wallace
Cropsey Hood Oxender Wetters
Dalman Horton Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Johnson Price Wojno
Dobb Kaza
In The Chair: Hertel
Rep. Anthony moved to amend the bill as follows:
1. Amend page 60, following line 3, by inserting:
"Sec. 1112. It is a condition on the expenditure of funds appropriated under this act for operating correctional facilities that, if a prisoner incarcerated in a correctional facility does not have a high school diploma or its equivalent, the department shall not allow the prisoner to use barbells, weight training or bodybuilding equipment, or any other exercise equipment designed primarily to increase bodily strength unless that prisoner attends classes leading to a high school diploma or a general education development (GED) certificate. The prisoner may use the equipment described in this section for not more than 1 hour for every 2 classroom hours the prisoner completes.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gilmer moved to amend the bill as follows:
1. Amend page 25, line 26, by striking out "(8,334,900)" and inserting "(1,111,600)".
2. Amend page 26, line 1, by striking out all of line 1.
3. Amend page 26, line 2, by striking out "(6,257,600)" and inserting "(1,111,600)".
4. Amend page 26, line 4, by striking out "(6,257,600)" and inserting "(1,111,600)" and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 31, line 3, by striking out all of section 212 and inserting:
"Sec. 212. The amount appropriated in section 101 for early retirement savings includes $1,604,400.00 for retirement costs and $2,716,000.00 of savings from salaries and fringe benefits resulting from the state's early retirement program. By October 1, 1997, the department shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefit savings to the appropriated line items affected by the early retirement of state employees. These transfers shall include changes of funding sources as appropriate to support anticipated retirement costs and salary and fringe benefit savings.".
The question being on the adoption of the amendments offered by Rep. Gilmer,
Rep. Gilmer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Gilmer,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 263 Yeas--29
Bankes Fitzgerald Hammerstrom Law
Birkholz Galloway Horton London
Bobier Geiger Jansen McBryde
Brackenridge Gernaat Jelinek Oxender
Byl Gilmer Jellema Perricone
Cassis Godchaux Johnson Richner
Crissman Gustafson Kukuk Sikkema
DeVuyst
Nays--78
Agee Freeman Mans Rison
Alley Gagliardi Martinez Rocca
Anthony Gire Mathieu Schauer
Baade Goschka McManus Schermesser
Baird Green McNutt Schroer
Bodem Gubow Middaugh Scott
Bogardus Hale Middleton Scranton
Brater Hanley Murphy Stallworth
Brewer Harder Nye Tesanovich
Brown Hertel Olshove Thomas
Callahan Hood Owen Varga
Cherry Jaye Palamara Vaughn
Ciaramitaro Kaza Parks Voorhees
Cropsey Kelly Price Walberg
Curtis Kilpatrick Profit Wallace
Dalman LaForge Prusi Wetters
DeHart Leland Quarles Whyman
Dobb LeTarte Raczkowski Willard
Dobronski Llewellyn Rhead Wojno
Frank Lowe
In The Chair: Hertel
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The Speaker called the Associate Speaker Pro Tempore to the Chair.
Rep. Gilmer moved to amend the bill as follows:
1. Amend page 37, following line 7, by inserting:
"Sec. 216. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $20,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $500,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.".
The question being on the adoption of the amendment offered by Rep. Gilmer,
Rep. Gilmer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gilmer,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 264 Yeas--42
Bankes Dobb Jansen Middleton
Birkholz Fitzgerald Jelinek Oxender
Bobier Galloway Jellema Perricone
Bodem Geiger Johnson Raczkowski
Brackenridge Gernaat Kukuk Rhead
Byl Gilmer Law Richner
Cassis Godchaux LeTarte Scranton
Crissman Green London Sikkema
Cropsey Gustafson McBryde Walberg
Dalman Hammerstrom McManus Whyman
DeVuyst Horton
Nays--63
Agee Freeman Lowe Rison
Alley Gagliardi Mans Rocca
Anthony Gire Martinez Schauer
Baade Goschka Mathieu Schermesser
Baird Gubow McNutt Schroer
Bogardus Hale Middaugh Scott
Brater Hanley Murphy Stallworth
Brewer Harder Nye Tesanovich
Brown Hood Olshove Thomas
Callahan Jaye Owen Vaughn
Cherry Kaza Palamara Voorhees
Ciaramitaro Kelly Parks Wallace
Curtis Kilpatrick Price Wetters
DeHart LaForge Profit Willard
Dobronski Leland Prusi Wojno
Frank Llewellyn Quarles
In The Chair: Gire
Reps. Green and Goschka moved to amend the bill as follows:
1. Amend page 7, line 24, by striking out all of line 24 and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 57, line 15, by striking out all of sections 1101, 1102, and 1103 and inserting:
"Sec. 1101. Funds appropriated under this act shall not be used to pay any costs associated with college or university programming for prisoners.".
The question being on the adoption of the amendments offered by Reps. Green and Goschka,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Green and Goschka,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 265 Yeas--68
Alley DeHart Jaye Oxender
Baade DeVuyst Jelinek Perricone
Bankes Dobb Johnson Profit
Birkholz Fitzgerald Kaza Raczkowski
Bobier Frank Kukuk Rhead
Bodem Freeman Law Richner
Bogardus Galloway Leland Rocca
Brackenridge Geiger Llewellyn Schermesser
Brewer Gernaat London Scranton
Brown Gilmer Lowe Sikkema
Callahan Godchaux Mathieu Stallworth
Cassis Goschka McBryde Voorhees
Cherry Green McManus Walberg
Crissman Gustafson Middaugh Wetters
Cropsey Hammerstrom Middleton Whyman
Curtis Horton Nye Willard
Dalman Jansen Olshove Wojno
Nays--35
Agee Hale Mans Rison
Anthony Hanley Martinez Schauer
Baird Harder McNutt Schroer
Brater Hood Murphy Scott
Byl Jellema Owen Tesanovich
Ciaramitaro Kelly Parks Thomas
Dobronski Kilpatrick Price Vaughn
Gagliardi LaForge Prusi Wallace
Gubow LeTarte Quarles
In The Chair: Gire
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 60, following line 3, by inserting:
"Sec. 1112. Funds appropriated under section 101 shall not be expended to provide prisoners with access to or use of the Internet or any similar system.".
The question being on the adoption of the amendment offered by Rep. Raczkowski,
Rep. Raczkowski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Raczkowski,
Rep. Wetters moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Rep. Bodem moved to amend the bill as follows:
1. Amend page 31, following line 2, by inserting:
"Sec. 211a. If facilities and equipment are available, all belts issued for use by corrections officers shall be manufactured by Michigan state industries or another prison industry operation.".
The question being on the adoption of the amendment offered by Rep. Bodem,
Rep. Bodem moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 57, following line 13, by inserting:
"Sec. 1002. The department shall not expend funds appropriated under this act for any surgery, procedure, or treatment to provide or maintain a prisoner's sex change.".
The question being on the adoption of the amendment offered by Rep. Raczkowski,
Rep. Raczkowski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Raczkowski,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 266 Yeas--83
Alley DeVuyst Johnson Profit
Anthony Dobb Kaza Prusi
Baade Fitzgerald Kelly Raczkowski
Bankes Frank Kukuk Rhead
Birkholz Freeman Law Richner
Bobier Gagliardi Leland Rocca
Bodem Galloway LeTarte Schauer
Bogardus Geiger Llewellyn Schermesser
Brackenridge Gernaat London Scranton
Brewer Gilmer Lowe Sikkema
Brown Godchaux Mathieu Stallworth
Byl Goschka McBryde Tesanovich
Callahan Green McManus Thomas
Cassis Gustafson McNutt Varga
Cherry Hammerstrom Middaugh Voorhees
Ciaramitaro Harder Middleton Walberg
Crissman Horton Nye Wetters
Cropsey Jansen Olshove Whyman
Curtis Jaye Oxender Willard
Dalman Jelinek Palamara Wojno
DeHart Jellema Perricone
Nays--16
Brater Hood Owen Schroer
Dobronski Kilpatrick Parks Scott
Gubow LaForge Quarles Vaughn
Hale Murphy Rison Wallace
In The Chair: Gire
Rep. Martinez moved to amend the bill as follows:
1. Amend page 59, line 10, by striking out all of section 1107 and inserting:
"Sec. 1107. The department shall maintain the Michigan braille transcribing program within the correctional complex that is now known as the state prison at southern Michigan at no less than the operational and production levels as fiscal year 1996-97.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Galloway moved to amend the bill as follows:
1. Amend page 60, following line 3, by inserting:
"Sec. 1112. It is a condition on the expenditure of funds appropriated for the operation of correctional facilities that the identity of those prisoners with a positive HIV test or who have a serious communicable disease, including hepatitis or tuberculosis, be disclosed to correctional officers at that correctional facility.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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Rep. DeHart moved that Reps. Kelly and Schermesser be excused temporarily from today's session.
The motion prevailed.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 37, following line 7, by inserting:
"Sec. 217. If a prisoner is subject to 1 or more orders of restitution, the department shall apply 1/2 of any money earned by that prisoner to payment of those orders of restitution on an equal basis.".
The question being on the adoption of the amendment offered by Rep. Cassis,
Rep. Cassis demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Cassis,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 267 Yeas--87
Agee Dalman Jansen Olshove
Alley DeHart Jaye Oxender
Anthony DeVuyst Jelinek Palamara
Baade Dobb Jellema Perricone
Baird Dobronski Johnson Profit
Bankes Fitzgerald Kaza Prusi
Birkholz Frank Kukuk Quarles
Bobier Freeman Law Raczkowski
Bodem Gagliardi Leland Rhead
Bogardus Galloway LeTarte Richner
Brackenridge Geiger Llewellyn Rocca
Brater Gernaat London Schauer
Brewer Gilmer Lowe Scranton
Brown Gire Mans Sikkema
Byl Godchaux Martinez Tesanovich
Callahan Goschka Mathieu Voorhees
Cassis Green McBryde Walberg
Cherry Gubow McManus Wetters
Ciaramitaro Gustafson McNutt Whyman
Crissman Hammerstrom Middaugh Willard
Cropsey Harder Middleton Wojno
Curtis Horton Nye
Nays--14
Hale Murphy Scott Varga
Hanley Parks Stallworth Vaughn
Hood Price Thomas Wallace
Kilpatrick Rison
In The Chair: Gire
Rep. Martinez moved to reconsider the vote by which the House adopted the amendment offered previously by Rep.Galloway.
The motion prevailed.
The question being on the adoption of the amendment offered previously by Rep. Galloway,
Rep. Martinez moved that consideration of the amendment be postponed temporarily.
The motion prevailed, a majority of the members present voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 41, line 23, after "of" by striking out "1" and inserting "3".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed for the day.
The motion prevailed.
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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. Scott, LaForge, Kelly, DeHart, Baird, Freeman, Gire, Gernaat, Walberg, Dobb, Hale, Kilpatrick, Martinez, Richner, Voorhees, Prusi, Tesanovich, Dobronski, Goschka, Bodem, Scranton and Green offered the following resolution:
House Resolution No. 45.
A resolution to commemorate the dedication of the Twelfth Street Missionary Baptist Church Fellowship Hall to Aaron and Jeanette Funderburg.
Whereas, On April 27, 1997, the members of Twelfth Street Missionary Baptist Church will dedicate the church fellowship hall to Aaron and Jeanette Funderburg. As charter members whose unselfishness has enriched lives throughout the entire community, the Funderburgs are honored for the enrichment with which they continually bless individuals and families through the power of faith; and
Whereas, The Funderburgs have been loyal and faithful members since the organization of Twelfth Street Missionary Baptist Church in 1944. They have brought a new era to many lives since then. In the years since Aaron and Jeanette Funderburg helped found this church, the congregation has come to value highly all of the talents of this outstanding couple; and
Whereas, Through their leadership of the Senior Citizens Ministry, the Trustee Board, the Youth Group, and the Sunday School; their active service on the Finance Committee, the Culinary Committee, the Food Program, and the Bus and Security Ministry; their work with Community Affairs and their block club; and their numerous other good works of deep faith and serenity, the Funderburgs have brought to the entire community the peace of deep faith and the hope that this faith makes possible in every situation; now, therefore, be it
Resolved by the House of Representatives, That the Michigan House of Representatives join in praise and that tribute be accorded to commemorate the renaming of Twelfth Street Missionary Baptist Church Fellowship Hall to Funderburg Fellowship Hall; and be it further
Resolved, That a copy of this resolution be transmitted to the church as evidence of our esteem.
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, a majority of the members serving voting therefor.
Reps. DeHart, Hertel, Hanley, Agee, Prusi, Brown, Schermesser, Frank, Quarles, Callahan, Wojno, Hale and Mans offered the following resolution:
House Resolution No. 46.
A resolution recognizing May 1997 as Motorcycle Safety and Awareness Month.
Whereas, The safety of all Michigan motorists is an issue of enduring consequences. Our State's licensed motorcyclists are required to keep their vehicles inspected and obey our current laws relative to operator safety equipment; and
Whereas, Motorcyclists promote highway safety through education and encourage other vehicle operators to be cognizant of motorcycles; and
Whereas, In Michigan, there are 431,360 motorcycle operators, and 119,126 motorcycles. The safety of our motorcycle riders is everyone's concern; now, therefore, be it
Resolved by the House of Representatives, That during the month of May, education of motorcycle safety will be a top concern for the State of Michigan and for the many motorcycle advocacy groups that we have in Michigan. ABATE of Michigan, Inc. (American Bikers Aimed Toward Education), in particular, will continue their advocacy of motorcycle safety during May; and be it further
Resolved, That a copy of this resolution be transmitted to ABATE of Michigan, Inc. in recognition of May 1997 as Motorcycle Safety and Awareness Month.
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, a majority of the members serving voting therefor.
Reports of Standing Committees
The Committee on Corrections, by Rep. Freeman, Chair, reported
House Bill No. 4456, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 68.
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 4456 To Report Out:
Yeas: Reps. Freeman, Mans, Agee, Callahan, Galloway, Nye, Perricone,
Nays: None.
The Committee on Corrections, by Rep. Freeman, Chair, reported
House Bill No. 4458, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 7a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 1, line 9, by striking out all of subsection (3) and inserting:
"(3) COUNTY JAILS MAY ENACT ANY RULES OR POLICIES NECESSARY TO IMPLEMENT VISITATION BY A MINOR WITH AN INMATE THAT DO NOT CONFLICT WITH THIS SECTION.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4458 To Report Out:
Yeas: Reps. Freeman, Mans, Agee, Callahan, Galloway, Nye, Perricone,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Freeman, Chair of the Committee on Corrections, was received and read:
Meeting held on: Thursday, May 1, 1997, at 8:30 a.m.,
Present: Reps. Freeman, Mans, Agee, Callahan, Galloway, Jaye, Nye, Perricone,
Absent: Rep. DeHart,
Excused: Rep. DeHart.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
Senate Bill No. 322, entitled
A bill to designate the first Monday following February 4 as Mrs. Rosa L. Parks day in the state of Michigan.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 322 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, Hanley, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Perricone, Richner, Voorhees,
Nays: None.
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, May 5, 1997, at 2:00 p.m.,
Present: Reps. Gagliardi, Cherry, Agee, Brewer, Hanley, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,
Absent: Reps. DeHart, Kilpatrick,
Excused: Reps. DeHart, Kilpatrick.
The Committee on Health Policy, by Rep. Palamara, Chair, reported
House Bill No. 4149, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 16106, 17708, 17751, and 17763 (MCL 333.7405, 333.16106, 333.17708, 333.17751, and 333.17763), section 7405 as amended by 1988 PA 30, section 17708 as amended by 1994 PA 384, and section 17763 as amended by 1993 PA 79.
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 4149 To Report Out:
Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Profit, Thomas, Wojno, Hammerstrom, Law, Llewellyn, Raczkowski, Rocca,
Nays: None.
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, May 6, 1997, at 10:30 a.m.,
Present: Reps. Palamara, Schauer, Gire, Griffin, Leland, Profit, Thomas, Wojno, Hammerstrom, Law, Llewellyn, Raczkowski, Rocca,
Absent: Reps. Gubow, Murphy, Crissman, Scranton,
Excused: Reps. Gubow, Murphy, Crissman, Scranton.
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: Thursday, May 1, 1997, at 12:30 p.m.,
Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, Jaye, McManus,
Absent: Rep. London.
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, May 6, 1997, at 9:30 a.m.,
Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, London, McManus,
Absent: Rep. Jaye,
Excused: Rep. Jaye.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:
Meeting held on: Tuesday, May 6, 1997, at 10:30 a.m.,
Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat,
Absent: Rep. Lowe,
Excused: Rep. Lowe.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:
Meeting held on: Tuesday, May 6, 1997, at 12:30 p.m.,
Present: Reps. Brewer, Brown, Baird, Quarles, Kaza, Hammerstrom, Whyman,
Absent: Reps. Anthony, Walberg,
Excused: Reps. Anthony, Walberg.
Messages from the Senate
House Bill No. 4202, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803e and 803i (MCL 257.803e and 257.803i), as amended by 1994 PA 104.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 803i (MCL 257.803i), as amended by 1994 PA 104.
The Speaker announced that pursuant to rule 45, the bill was laid over one day.
House Bill No. 4219, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a, 1203b, and 1210a; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a and 1203b; and to repeal acts and parts of acts.
The Speaker announced that pursuant to rule 45, the bill was laid over one day.
House Bill No. 4220, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect pursuant to Joint Rule20, inserted the full title of the bill.
The Speaker announced that pursuant to rule 45, the bill was laid over one day.
Notices
Public Hearing
Committee on Judiciary
Date: Friday, May 9, 1997
Time: 1:00 p.m.
Place: Southwestern High School, 6921 W. Fort St., Detroit, Michigan
Rep. Wallace
Chair
Agenda: House Bill Nos. 4144, 4145 and 4717 and any/or all business properly before this committee
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Monday, May 5:
House Bill Nos. 4703 4704 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715 4716 4728 4729
House Joint Resolution T
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 6, for his approval of the following bills:
Enrolled House Bill No. 4017 at 9:25 a.m.
Enrolled House Bill No. 4076 at 9:27 a.m.
Enrolled House Bill No. 4239 at 9:29 a.m.
Enrolled House Bill No. 4339 at 9:31 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, May 6:
House Bill Nos. 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740 4741 4742 4743 4744
The Clerk announced that the following Senate bills had been received on Tuesday, May 6:
Senate Bill Nos. 199 289 290 291 292 293
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: May 2, 1997
Time: 2:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4142 (Public Act No. 4, I.E.), being
An act to amend 1846 RS 14, entitled "Of county officers," by amending sections 113, 114, and 117 (MCL 55.113, 55.114, and 55.117).
(Filed with the Secretary of State May 5, 1997, at 9:31 a.m.)
Date: May 2, 1997
Time: 2:22 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4143 (Public Act No. 5, I.E.), being
An act to amend 1969 PA 57, entitled "An act to establish the recognition to be given in this state to acknowledgments and notarial acts outside this state; and to repeal certain acts and parts of acts," by amending section2 (MCL 565.262).
(Filed with the Secretary of State May 5, 1997, at 9:33 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
April 28, 1997
Notices of Filing
Administrative Rules
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:40 a.m. this date, administrative rule (97-4-2) for the Department of Education, State Board of Education, entitled "Neighborhood Education Centers", effective 15 days hereafter.
April 28, 1997
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:41 a.m. this date, administrative rule (97-4-3) for the Department of Education, State Board of Education, entitled "Safety Specifications for School Buses", effective 15 days hereafter.
April 28, 1997
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:42 a.m. this date, administrative rule (97-4-4) for the Department of Education, State Board of Education, entitled "Grants for Community School Program", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Kalamazoo-St. Joseph Workforce Development Program was received and read:
April 28, 1997
The U.S. Department of Labor has released final program year 1997 allocations for the Kalamazoo-St. Joseph Michigan Works! Area (MWA) for programs funded under the Job Training Partnership Act (JTPA). The JTPA activities are administered through the Kalamazoo-St. Joseph Workforce Development Board (WDB) by the Michigan Works! Upjohn Institute. The PY1997 allocations for the Kalamazoo-St. Joseph MWA is $1,265,726. In addition to the allocations a portion of unexpended PY1996 funds will be carried into PY1997.
The purpose of the workforce development system is to provide economically disadvantaged individuals and individuals determined eligible as dislocated workers with an array of employment and training services which will enable them to develop new occupational skills, enhance existing skills, develop skills and abilities to seek, find and retain employment all of which lead to self-sufficiency. This includes individual program emphasis for youth (14 - 21 years old); adults (22 - 64 years old); older workers (55 years old and over); and workers dislocated from their jobs as a result of substantial layoffs and/or closures.
Enclosed are copies of each of the plans submitted to the Michigan Jobs Commission. While this notification is being released outside of our normal schedule we will maintain a customary 30 day review and comment period.
Comments, suggestions or other observations on these documents should be submitted in writing to the undersigned at the address identified above by May 30, 1997. Thank you for your interest in our local workforce development efforts.
Craig Schreuder
Deputy Director, MWA
Plan Summaries for
-- Title IIA Workforce Development Services Plan for PY1997 (Adults)
-- Title IIB Workforce Development Services Summer Youth Employment Plan for 1997
-- Title IIC Workforce Development Services Plan for PY1997 (Youth)
-- Title IIA 5% Workforce Development Services Plan for PY1997 (Older Workers)
-- Title II 8% Workforce Development Services Plan for PY1997 (Adult and Youth)
-- Title III Workforce Development Services Plan for PY1997 (Dislocated Workers)
The communication was referred to the Clerk.
The following communication from the Auditor General was received and read:
May 5, 1997
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the State Building Authority
of the State of Michigan
Department of Management and Budget
October 1, 1995 through September 30, 1996
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Ethics.
Introduction of Bills
Reps. Gire, Griffin, Law, Hammerstrom, Raczkowski and Freeman introduced
House Bill No. 4745, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Griffin, Law, Hammerstrom, Raczkowski, Freeman and Gire introduced
House Bill No. 4746, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053d.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Law, Griffin, Hammerstrom, Raczkowski, Freeman and Gire introduced
House Bill No. 4747, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401f.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Griffin introduced
House Bill No. 4748, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37e.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Law introduced
House Bill No. 4749, entitled
A bill to authorize the state administrative board to convey certain state owned property located in Wayne county; to prescribe conditions for the conveyance; and to provide for the disposition of the revenue received from the conveyance.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Geiger, Law, Voorhees, Llewellyn, Bodem, McBryde, Walberg, Lowe, McManus, Horton, Green, Jansen, Dalman, Kukuk, Rocca, Raczkowski, Birkholz, Gustafson, Byl, LeTarte, Whyman, Owen, Harder, Baade, Griffin, Hammerstrom, DeVuyst, Gernaat, Alley, London, Nye, Sikkema, Rhead, Jaye, Jellema and Perricone introduced
House Bill No. 4750, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20104 and 20115 (MCL 333.20104 and 333.20115).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. McManus, Cropsey, Goschka, McBryde, Raczkowski, Green, Voorhees, Jansen, Walberg, Geiger, Horton, Gernaat, DeVuyst, Rocca, Birkholz, Cassis, Rhead, Lowe, Gustafson, Jaye, Bodem, Llewellyn, Owen, Griffin, Palamara, Nye, Law, Dalman, Kukuk, Olshove, Baade, Alley, Gagliardi, Mans, Mathieu, McNutt, Callahan, Hammerstrom, Kelly, Richner, Middaugh, Ciaramitaro, Harder, Byl, Whyman, Perricone, Sikkema, LeTarte, Kaza and Jellema introduced
House Bill No. 4751, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2837.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Griffin introduced
House Bill No. 4752, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Baird introduced
House Bill No. 4753, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 160 (MCL 330.1100a and 330.1160), section 100a as added by 1995 PA 290 and section 160 as added by 1983 PA 249.
The bill was read a first time by its title and referred to the Committee on Mental Health.
______
Rep. London moved that the House adjourn.
The motion prevailed, the time being 4:55 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Wednesday, April 7, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.