No. 71
JOURNAL OF THE HOUSE
House Chamber, Lansing, Wednesday, September 24, 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
Basham--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--excused
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--excused
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
Hon. Mary Lou Parks, Representative from the 3rd District, offered the following invocation:
"O Lord, Our Lord, how excellent is Thy name in all the earth. Dear Lord, we come this afternoon to give thanks to You for the opportunity to serve the great citizens of this great state. We ask on this day that You will endow us with the wisdom and understanding that we need to be the servants that You have called on in these days, to serve those who are in need. Bless our leadership and bless each and every one of us that we will do Your will. We ask these blessings in the name of Our Redeemer, Christ Jesus, Amen."
______
Rep. Dobronski moved that Rep. Schermesser be excused from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Rep. Crissman be excused from today's session.
The motion prevailed.
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. McManus asked and obtained an excuse from the balance of today's session.
Second Reading of Bills
Pending the second reading of
House Bill No. 4499, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by adding section 8a.
Rep. Gagliardi moved that the bill be re-referred to the Committee on Judiciary.
The motion prevailed.
Pending the second reading of
House Bill No. 4414, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
Rep. Gagliardi moved that the bill be referred to the Committee on Colleges and Universities.
The motion prevailed.
House Bill No. 4304, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 1, following line 7, by inserting:
"(2) A TAXPAYER SHALL NOT INCLUDE IN THE AMOUNT OF CONTRIBUTIONS USED TO CALCULATE THE CREDIT UNDER THIS ACT, ANY AMOUNT CONTRIBUTED TO A FACILITY OR ORGANIZATION THAT SPONSORS, FUNDS, OR EXHIBITS PROJECTS OR PRESENTATIONS THAT INVOLVE OR DEPICT HOMOSEXUAL ACTS, SEXUAL INTERCOURSE, UNITED STATES FLAG DESECRATION, RELIGIOUS SYMBOL DESECRATION, OR HUMAN WASTE OR EXCREMENT." and renumbering the remaining subsections.
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. 779 Yeas--59
Baade | Frank | Kaza | Palamara |
Basham | Freeman | Kukuk | Perricone |
Birkholz | Gagliardi | LeTarte | Raczkowski |
Bodem | Galloway | Llewellyn | Rhead |
Brackenridge | Geiger | London | Richner |
Brewer | Gernaat | Lowe | Rocca |
Brown | Goschka | Mathieu | Scranton |
Callahan | Green | McBryde | Sikkema |
Cassis | Gustafson | McNutt | Tesanovich |
Cropsey | Hammerstrom | Middaugh | Voorhees |
Curtis | Horton | Middleton | Walberg |
Dalman | Jansen | Nye | Whyman |
DeHart | Jaye | Olshove | Willard |
DeVuyst | Jelinek | Owen | Wojno |
Fitzgerald | Jellema | Oxender |
Nays--44
Agee | Emerson | Kelly | Quarles |
Alley | Gilmer | Kilpatrick | Rison |
Anthony | Godchaux | LaForge | Schauer |
Baird | Griffin | Leland | Schroer |
Bankes | Gubow | Mans | Scott |
Bogardus | Hale | Martinez | Stallworth |
Brater | Hanley | Murphy | Thomas |
Cherry | Harder | Parks | Varga |
Ciaramitaro | Hertel | Price | Vaughn |
Dobb | Hood | Profit | Wallace |
Dobronski | Johnson | Prusi | Wetters |
In The Chair: Murphy
______
Rep. Anthony, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted "No" on the Jaye Amendment No. 2 to House Bill No. 4304 (H-2) because it is too vague in reference to religion for instance, a cow is a religious symbol to Hindus. Cow caricatures such as far side cartoon would violate the definition.
In addition, religious extremists involved in political activity, such as Ayatollah Khomeini, would be protected from artistic expression."
Rep. Middleton moved to amend the bill as follows:
1. Amend page 1, line 6, after the second "OR" by striking out the balance of the subsection and inserting "ANY ORGANIZATION EXEMPT FROM TAXATION UNDER SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE.".
2. Amend page 2, line 4, by striking out all of subsection (4) and inserting:
"(4) AS USED IN THIS SECTION, "EDUCATIONAL FACILITY OR ORGANIZATION" INCLUDES ALL OF THE FOLLOWING:
(A) A SCHOOL DISTRICT AS DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 380.1852.
(B) A COMMUNITY EDUCATION, ADULT EDUCATION, OR CONTINUING EDUCATION PROGRAM OPERATED BY A SCHOOL DISTRICT.
(C) AN EDUCATIONAL FOUNDATION.".
The question being on the adoption of the amendments offered by Rep. Middleton,
Rep. Middleton demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Middleton,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 780 Yeas--100
Agee | Dobb | Kaza | Price |
Alley | Dobronski | Kelly | Profit |
Anthony | Fitzgerald | Kilpatrick | Prusi |
Baade | Frank | Kukuk | Quarles |
Baird | Gagliardi | LaForge | Raczkowski |
Bankes | Galloway | Law | Rhead |
Basham | Geiger | Leland | Richner |
Birkholz | Gernaat | LeTarte | Rison |
Bobier | Gilmer | Llewellyn | Rocca |
Bodem | Gire | London | Schauer |
Bogardus | Godchaux | Lowe | Scott |
Brackenridge | Goschka | Mans | Scranton |
Brater | Green | Mathieu | Sikkema |
Brewer | Griffin | McBryde | Stallworth |
Brown | Gustafson | McNutt | Tesanovich |
Byl | Hale | Middaugh | Thomas |
Callahan | Hammerstrom | Middleton | Varga |
Cassis | Hanley | Murphy | Vaughn |
Cherry | Harder | Nye | Voorhees |
Ciaramitaro | Hood | Olshove | Walberg |
Cropsey | Horton | Owen | Wallace |
Curtis | Jansen | Oxender | Wetters |
Dalman | Jaye | Palamara | Whyman |
DeHart | Jelinek | Parks | Willard |
DeVuyst | Jellema | Perricone | Wojno |
Nays--4
Freeman Gubow Martinez Schroer
In The Chair: Murphy
______
Rep. DeHart moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
Rep. Gustafson moved to amend the bill as follows:
1. Amend page 2, following line 4, subsection (4), following subdivision (C), by inserting:
"(D) A PUBLIC SCHOOL ACADEMY ESTABLISHED UNDER THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1 TO 380.1852.".
The question being on the adoption of the amendment offered by Rep. Gustafson,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gustafson,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 781 Yeas--98
Agee | Dobronski | Kaza | Price |
Alley | Fitzgerald | Kelly | Profit |
Anthony | Frank | Kilpatrick | Prusi |
Baade | Gagliardi | Kukuk | Quarles |
Baird | Galloway | Law | Raczkowski |
Bankes | Geiger | Leland | Rhead |
Basham | Gernaat | LeTarte | Richner |
Birkholz | Gilmer | Llewellyn | Rison |
Bobier | Gire | London | Rocca |
Bodem | Godchaux | Lowe | Schauer |
Bogardus | Goschka | Mans | Scott |
Brackenridge | Green | Mathieu | Scranton |
Brewer | Griffin | McBryde | Sikkema |
Brown | Gustafson | McNutt | Stallworth |
Byl | Hale | Middaugh | Tesanovich |
Callahan | Hammerstrom | Middleton | Thomas |
Cassis | Hanley | Murphy | Varga |
Cherry | Harder | Nye | Voorhees |
Ciaramitaro | Hood | Olshove | Walberg |
Cropsey | Horton | Owen | Wallace |
Curtis | Jansen | Oxender | Wetters |
Dalman | Jaye | Palamara | Whyman |
DeHart | Jelinek | Parks | Willard |
DeVuyst | Jellema | Perricone | Wojno |
Dobb Johnson
Nays--5
Brater Gubow LaForge Schroer
Freeman
In The Chair: Murphy
Rep. Baird 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. 4783, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 265 (MCL 206.265), as added by 1993 PA 128.
The bill was read a second time.
Rep. Schroer 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. 4783, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 265 (MCL 206.265), as added by 1993 PA 128.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 782 Yeas--105
Agee | Emerson | Johnson | Perricone |
Alley | Fitzgerald | Kaza | Price |
Anthony | Frank | Kelly | Profit |
Baade | Freeman | Kilpatrick | Prusi |
Baird | Gagliardi | Kukuk | Quarles |
Bankes | Galloway | LaForge | Raczkowski |
Basham | Geiger | Law | Rhead |
Birkholz | Gernaat | Leland | Richner |
Bobier | Gilmer | LeTarte | Rocca |
Bodem | Gire | Llewellyn | Schauer |
Bogardus | Godchaux | London | Schroer |
Brackenridge | Goschka | Lowe | Scott |
Brater | Green | Mans | Scranton |
Brewer | Griffin | Martinez | Sikkema |
Brown | Gubow | Mathieu | Stallworth |
Byl | Gustafson | McBryde | Tesanovich |
Callahan | Hale | McNutt | Thomas |
Cassis | Hammerstrom | Middaugh | Varga |
Cherry | Hanley | Middleton | Vaughn |
Ciaramitaro | Harder | Murphy | Voorhees |
Cropsey | Hood | Nye | Walberg |
Curtis | Horton | Olshove | Wallace |
Dalman | Jansen | Owen | Wetters |
DeHart | Jaye | Oxender | Whyman |
DeVuyst | Jelinek | Palamara | Willard |
Dobb | Jellema | Parks | Wojno |
Dobronski
Nays--0
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. 4255, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cherry moved to amend the bill as follows:
1. Amend page 2, following line 7, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1998.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. DeHart moved to amend the bill as follows:
1. Amend page 1, line 1, after "PERSON" by inserting "UNDER 16 YEARS OF AGE".
2. Amend page 1, line 3, after "PERSON" by inserting "UNDER 16 YEARS OF AGE".
3. Amend page 2, line 6, by striking out all of subsection (3) and inserting:
"(3) AN OWNER OR OPERATOR OF A MOTOR VEHICLE WHO PERMITS A PERSON UNDER 16 YEARS OF AGE TO RIDE IN THE BED OF A PICKUP TRUCK IN VIOLATION OF SUBSECTION (1) IS RESPONSIBLE FOR A CIVIL INFRACTION.".
The question being on the adoption of the amendments offered by Rep. DeHart,
Rep. DeHart demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. DeHart,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 783 Yeas--61
Alley | Geiger | Kukuk | Perricone |
Anthony | Gernaat | Law | Price |
Baade | Gilmer | LeTarte | Prusi |
Bankes | Goschka | Llewellyn | Raczkowski |
Basham | Green | London | Rhead |
Birkholz | Griffin | Lowe | Richner |
Bobier | Hammerstrom | Mathieu | Rocca |
Bodem | Harder | McBryde | Scott |
Brackenridge | Horton | McNutt | Sikkema |
Brown | Jansen | Middaugh | Tesanovich |
Cassis | Jaye | Middleton | Vaughn |
Cropsey | Jelinek | Nye | Voorhees |
Dalman | Johnson | Owen | Walberg |
DeHart | Kaza | Oxender | Whyman |
Dobb | Kelly | Parks | Willard |
Gagliardi
Nays--43
Agee | Dobronski | Hood | Rison |
Baird | Fitzgerald | Jellema | Schauer |
Bogardus | Frank | Kilpatrick | Schroer |
Brater | Freeman | LaForge | Scranton |
Brewer | Galloway | Leland | Stallworth |
Byl | Gire | Martinez | Thomas |
Callahan | Godchaux | Murphy | Varga |
Cherry | Gubow | Olshove | Wallace |
Ciaramitaro | Gustafson | Palamara | Wetters |
Curtis | Hale | Profit | Wojno |
DeVuyst | Hanley | Quarles |
In The Chair: Murphy
Reps. Middleton, Baade and Goschka moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
"(D) A MOTOR VEHICLE CONTROLLED OR OPERATED BY AN EMPLOYER OR AN EMPLOYEE OF A FARM OPERATION, CONSTRUCTION BUSINESS, OR SIMILAR ENTERPRISE DURING THE COURSE OF WORK ACTIVITIES.".
The question being on the adoption of the amendment offered by Reps. Middleton, Baade and Goschka,
Rep. London demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Middleton, Baade and Goschka,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 784 Yeas--67
Alley | Frank | Jellema | Owen |
Anthony | Gagliardi | Johnson | Oxender |
Baade | Galloway | Kaza | Palamara |
Basham | Geiger | Kelly | Perricone |
Birkholz | Gernaat | Kilpatrick | Profit |
Bobier | Gilmer | Kukuk | Prusi |
Bodem | Godchaux | Law | Raczkowski |
Bogardus | Goschka | LeTarte | Rhead |
Brackenridge | Green | Llewellyn | Richner |
Brewer | Griffin | London | Rocca |
Byl | Gustafson | Lowe | Sikkema |
Cassis | Hammerstrom | Mathieu | Tesanovich |
Cropsey | Harder | McBryde | Voorhees |
Dalman | Horton | McNutt | Walberg |
DeHart | Jansen | Middaugh | Wetters |
DeVuyst | Jaye | Middleton | Whyman |
Dobb | Jelinek | Nye |
Nays--37
Agee | Emerson | Leland | Scott |
Baird | Fitzgerald | Martinez | Scranton |
Bankes | Freeman | Murphy | Stallworth |
Brater | Gire | Olshove | Thomas |
Brown | Gubow | Parks | Varga |
Callahan | Hale | Price | Vaughn |
Cherry | Hanley | Quarles | Wallace |
Ciaramitaro | Hood | Schauer | Willard |
Curtis | LaForge | Schroer | Wojno |
Dobronski
In The Chair: Murphy
______
Rep. Jaye asked and obtained an excuse from the balance of today's session.
Rep. Dalman moved to amend the bill as follows:
1. Amend page 2, following line 5, following subdivision (D), by inserting:
"(E) A MOTOR VEHICLE USED TO TRANSPORT A SEARCH AND RESCUE TEAM TO AND FROM THE SITE OF AN EMERGENCY.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cherry 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. 4255, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 785 Yeas--67
Agee | Dobb | Kilpatrick | Profit |
Baade | Dobronski | LaForge | Quarles |
Baird | Emerson | Leland | Raczkowski |
Bankes | Fitzgerald | London | Richner |
Birkholz | Freeman | Martinez | Rison |
Bogardus | Gire | Mathieu | Rocca |
Brackenridge | Green | McBryde | Schauer |
Brater | Griffin | McNutt | Schroer |
Brown | Gubow | Middaugh | Scranton |
Byl | Gustafson | Middleton | Thomas |
Callahan | Hale | Murphy | Varga |
Cassis | Hammerstrom | Olshove | Voorhees |
Cherry | Hanley | Oxender | Wallace |
Ciaramitaro | Hood | Palamara | Whyman |
Dalman | Jansen | Parks | Willard |
DeHart | Jellema | Perricone | Wojno |
DeVuyst | Kelly | Price |
Nays--37
Alley | Galloway | Johnson | Prusi |
Anthony | Geiger | Kaza | Rhead |
Basham | Gernaat | Kukuk | Scott |
Bobier | Gilmer | Law | Sikkema |
Bodem | Godchaux | LeTarte | Stallworth |
Brewer | Goschka | Llewellyn | Tesanovich |
Cropsey | Harder | Lowe | Vaughn |
Curtis | Horton | Nye | Walberg |
Frank | Jelinek | Owen | Wetters |
Gagliardi
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.
Notices
Rep. Oxender moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 178.
(For first notice see House Journal No. 70, p. 1914.)
The question being on the motion by Rep. Oxender,
Rep. Oxender moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Gilmer moved that the Committee on Constitutional and Civil Rights be discharged from further consideration of Senate Bill No. 356.
(For first notice see House Journal No. 70, p. 1914.)
The question being on the motion by Rep. Gilmer,
Rep. Gilmer moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Rhead moved that the Committee on Public Retirement be discharged from further consideration of Senate Bill No. 648.
(For first notice see House Journal No. 70, p. 1915.)
The question being on the motion by Rep. Rhead,
Rep. Rhead moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
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. Wojno, Baade, Kukuk, Freeman, Cropsey, Brackenridge, Hale, Schauer, Palamara, Birkholz, Scranton, Richner, Dobronski, Vaughn, Fitzgerald, Bodem, Goschka, Dalman, McBryde, McNutt, Baird, Cassis, Anthony, Jaye, Gire, Leland, Green, London, Llewellyn, Martinez, Raczkowski, Parks, Kilpatrick, Kelly, LaForge, DeHart, Voorhees, Rhead, Horton, Profit, Tesanovich, Prusi, Cherry, Jansen, Hammerstrom, DeVuyst, Galloway, Dobb, Wetters, Brater, Oxender, Gubow and Bogardus offered the following resolution:
House Resolution No. 137.
A resolution to recognize Michigan Special Olympics and to honor the 30th Anniversary of Special Olympics.
Whereas, It is with great honor to recognize Michigan Special Olympics as they join with other chapters to celebrate the 30th Anniversary of Special Olympics. Michigan Special Olympics provides encouragement and the opportunity to participate in sports for mentally retarded individuals. Michigan Special Olympics accommodates all people with mental retardation or closely related developmental disabilities, regardless of ability. Twenty-one sports are offered to Special Olympic athletes, including basketball, bowling, golf, gymnastics, soccer, alpine skiing, speed skating and weightlifting; and
Whereas, There are currently 20,000 Special Olympics athletes in Michigan. Through sports training and competition, special olympians develop better coordination, improve socialization skills through interaction with other athletes and gain enhanced feelings of satisfaction, personal achievement, and success; and
Whereas, The beginning of Special Olympics can be traced back to the Joseph P. Kennedy, Jr. Foundation and American Alliance for Health, Physical Education and Recreation, which cooperatively planned physical programming for individuals with mental retardation and offered awards for achievement. In July of 1968, Special Olympics Inc. was established and the first national games were held at Chicago's Soldier Field. Soon thereafter, Michigan's first state summer games took place at Western Michigan University in Kalamazoo; and
Whereas, The Special Olympics program was quickly picked up throughout the United States and around the world. In 1973, the program was incorporated as "Michigan Athletics for the Retarded Inc." and the state office moved to Central Michigan University in Mt. Pleasant. In 1975, Central Michigan University became the host to the Fourth International Summer Special Olympics Games in Mt. Pleasant. Today, the Michigan Special Olympics continues year-round training and competition through the efforts of many dedicated volunteers; and
Whereas, In 1993, Michigan Special Olympics sent one alpine skier, two coaches and one official to the World Winter Games in Schladning, Austria. In 1995, Michigan Special Olympics sent 74 athletes, 23 coaches, and two delegates to the Special Olympics Summer World Games in New Haven, Connecticut; now, therefore, be it
Resolved by the House of Representatives, That Michigan Special Olympics be recognized for having sent athletes around the world to represent Team Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to Michigan Special Olympics as they join with other chapters in celebrating the 30th Anniversary of Special Olympics. May the vision of Special Olympics continue to grow in the hearts and spirits of the athletes and through the tireless dedication of countless volunteers who make this organization possible.
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. Richner, Kukuk, Brackenridge, Birkholz, Scranton, Dobronski, Fitzgerald, Bodem, Goschka, Dalman, McBryde, McNutt, Cassis, Green, London, Llewellyn, Raczkowski, Parks, Kilpatrick, Geiger, Voorhees, Rhead, Horton, Jellema, Jansen, Perricone, Hammerstrom, DeVuyst, Galloway and Oxender offered the following resolution:
House Resolution No. 138.
A resolution commemorating the week of September 21-27, 1997, as "Lawsuit Abuse Awareness Week" in Michigan.
Whereas, One of the primary roles of state government is to cultivate an atmosphere which encourages innovators and dreamers to risk capital, seize opportunities and create jobs for Michigan citizens; and
Whereas, The government's duty to protect an entrepreneurial environment for its citizens is equaled in importance by its duty to defend each citizen's security and right to equal protection under the law; and
Whereas, Lawsuit abuse discourages innovation and the development of products needed by Michigan citizens; and
Whereas, Lawsuit abuse corrupts our civil justice system, denies justice to its victims, and has made a mockery of the principles of personal responsibility and fairness that our nations founders worked admirably to promote; and
Whereas, Michigan citizens have formed a coalition called Michigan Lawsuit Abuse Watch, M-LAW, to stop abuses of Michigan's civil justice system and to educate the public about the negative effects lawsuit abuse has on our families; and
Whereas, The bi-partisan efforts of M-LAW's supporters deserve the encouragement of all elected leaders who are sworn to defend our constitution; now, therefore, be it
Resolved by the House of Representatives, That we hereby commemorate the week of September 21-27, 1997, as "Lawsuit Abuse Awareness Week" in Michigan and encourage all citizens of our great state to support efforts to ensure fairness and personal responsibility in our courts; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Lawsuit Abuse Watch Coalition as evidence of our respect and best wishes.
The resolution was referred to the Committee on Judiciary.
Rep. Gagliardi moved that Rule 75 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Speaker Hertel and Rep. Sikkema offered the following resolution:
House Resolution No. 139.
A resolution to amend the Standing Rules of the House of Representatives.
Resolved by the House of Representatives, That Rule 35 of the Standing Rules of the House of Representatives be hereby amended to read as follows:
Names and Number of Members.
Rule 35. (a) All standing committees shall be appointed by the Speaker except where the House shall otherwise order.
(b) The standing committees of the House and the number of Members shall be as follows:
1. Advanced Technology and Computer Development (9)
2. Agriculture (13)
3. Appropriations (27)
4. Colleges and Universities (9)
5. Commerce (17)
6. Conservation, Environment and Recreation (19)
7. Constitutional and Civil Rights (9)
8. Consumer Protection (9)
9. Corrections (9)
10. Education (17)
11. Forestry and Mineral Rights (9)
12. Health Policy (17)
13. House Oversight and Ethics (17)
14. Human Services and Children (9)
15. Insurance (17)
16. Judiciary (17)
17. Labor and Occupational Safety (11)
18. Local Government (9)
19. Marine Affairs and Port Development (9)
20. Mental Health (9)
21. Public Retirement (9)
22. Public Utilities (21) (23)
23. Regulatory Affairs (15)
24. Senior Citizens and Veterans Affairs (9)
25. Tax Policy (17)
26. Tourism (9)
27. Transportation (17)
28. Urban Policy and Economic Development (9)
Statutory Standing Committees:
1. Administrative Rules (5)
2. House Fiscal Agency (6)
3. Legislative Council (6)
4. Legislative Retirement (4)
5. Michigan Capitol Committee (4)
(c) Any Member of any committee who is absent from attendance at any such committee meetings for three out of five consecutive committee meetings, unless excused from attendance on account of illness, or because of a death in the family, or serious family illness, or is in attendance at some other committee meeting at the same time, or has been excused from attending the day's session of the House, shall be automatically dropped from membership on such committee, and the committee automatically reduced unless the Speaker of the House shall fill such vacancy. Each committee clerk shall keep a record of attendance at all committee meetings, and shall make a written report to the office of the Clerk of the House showing the names of those present, the names of those absent, and the names of those excused from attendance, which shall be entered upon the journal of the House. When a Member has been absent for three out of five consecutive meetings of a committee without proper excuse, the Clerk of the House shall report the name of such Member, together with the dates of said meetings, to the Speaker of the House, and advise the Member of such action. The Speaker of the House may then fill such vacancy by appointing a Member to the committee who shall not be the Member previously dropped from membership on the committee.
(d) The daily journal of the House shall report the roll call on all motions to report bills, joint resolutions and reorganization orders. (See Const 1963, Art 4 § 17)
(e) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the journal of the House. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk of the House. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members.
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.
This resolution is offered to comply with Article V, Section 2 of the Constitution of the State of Michigan.
Reps. Griffin, DeHart, Kelly, Palamara and Profit offered the following concurrent resolution:
House Concurrent Resolution No. 59.
A concurrent resolution to disapprove Executive Order 1997-13 on executive reorganization.
Whereas, On August 15, 1997, Governor Engler, pursuant to authority outlined in Article V, Section 2 of the Constitution of the State of Michigan, issued Executive Order 1997-13. This proposal on executive reorganization seeks to provide for changes in responsibilities within the Department of Consumer and Industry Services and the Department of Agriculture; and
Whereas, Article V, Section 2 of the Constitution of the State of Michigan also provides:
Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. Unless disapproved in both houses by a resolution concurred in by a majority of the members elected to and serving in each house, each order shall become effective at a date thereafter to be designated by the governor.
; and
Whereas, Executive Order 1997-13 provides, in part, that all of the statutory authority, powers, and responsibilities of the Board of Physical Therapy are transferred to the Director of the Department of Consumer and Industry Services. This action would remove vitally important professional knowledge and autonomy from the processes of licensing, rulemaking, and enforcement in the practice of physical therapy. Accountability and patient protection in this profession--one of the fastest growing aspects of health care--would suffer. Professional licensing boards fill a critical role in bringing up-to-date and specialized professional expertise to the regulatory process to best protect public health and safety; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature, pursuant to Article V, Section 2 of the Constitution of the State of Michigan, disapprove Executive Order 1997-13; and be it further
Resolved, That a copy of this resolution be transmitted to the office of the Governor.
The concurrent resolution was referred to the Committee on Health Policy.
Reports of Select Committees
Joint Committee on Administrative Rules
Certificates of Approval
Date: September 24, 1997
Subject: Trans. No. 97-47
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Transportation Department, Bureau of Highways, pertaining to Advertising Adjacent to Highways, dated June 30, 1997.
Date: September 24, 1997
Subject: Trans. No. 97-48
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Community Health Department, Health Legislation and Policy Development, pertaining to Blood Lead Analysis Reporting, dated June 24, 1997.
Date: September 24, 1997
Subject: Trans. No. 97-49
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Treasury Department, pertaining to Michigan Education Trust, dated July 30, 1997.
Date: September 24, 1997
Subject: Trans. No. 97-52
I hereby certify that the Joint Committee on Administrative Rules approved the rescission of the administrative rules from the Natural Resources Department, Law Enforcement Division, pertaining to Local Watercraft Control, dated July 25, 1997.
Date: September 24, 1997
Subject: Trans. No. 97-53
I hereby certify that the Joint Committee on Administrative Rules approved the rescission of the administrative rules from the Community Health Department, Health Legislation and Policy Development, pertaining to General Rules, dated June 25, 1997.
Sincerely,
REPRESENTATIVE CANDACE A. CURTIS
Chair
September 24, 1997
Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee extended the time for consideration of Trans. No. 97-51, submitted by the Department of State Police, Alcohol Enforcement Unit, pertaining to Drunk Driving Prevention Equipment and Training Fund, to November 28, 1997.
Sincerely,
REPRESENTATIVE CANDACE A. CURTIS
Chair
Reports of Standing Committees
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
House Bill No. 4452, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 46503, 46506, 46507, and 46508 (MCL 324.46503, 324.46506, 324.46507, and 324.46508), as added by 1995 PA 57.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4452 To Report Out:
Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:
Meeting held on: Wednesday, September 24, 1997, at 10:30 a.m.,
Present: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Absent: Rep. Schermesser.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4556, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7ff.
The committee recommended that the bill be referred to the Committee on Conservation, Environment and Recreation.
Favorable Roll Call
HB 4556 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wetters, Wojno, Perricone, Dobb, Middleton, Whyman,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Conservation, Environment and Recreation.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, September 24, 1997, at 9:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wetters, Wojno, Perricone, Brackenridge, Dobb, Middleton, Whyman,
Absent: Reps. Wallace, Cassis, Goschka,
Excused: Reps. Wallace, Cassis, Goschka.
The Committee on Commerce, by Rep. Griffin, Chair, reported
Senate Bill No. 495, entitled
A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending sections 102, 104, 105, 106, 211, 217, 301, 303, 305, 311, 315, 317, 401, 403, 405, 407, 503, 505, 507, 509, 511, 601, 603, 709, 711, 713, 801, 807, 813, and 905 (MCL 487.1102, 487.1104, 487.1105, 487.1106, 487.1211, 487.1217, 487.1301, 487.1303, 487.1305, 487.1311, 487.1315, 487.1317, 487.1401, 487.1403, 487.1405, 487.1407, 487.1503, 487.1505, 487.1507, 487.1509, 487.1511, 487.1601, 487.1603, 487.1709, 487.1711, 487.1713, 487.1801, 487.1807, 487.1813, and 487.1905).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 495 To Report Out:
Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Olshove, Palamara, Varga, Gernaat, Rhead, Richner, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Griffin, Chair of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, September 24, 1997, at 9:00 a.m.,
Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Olshove, Palamara, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,
Absent: Reps. Murphy, Schermesser,
Excused: Reps. Murphy, Schermesser.
Messages from the Senate
Senate Bill No. 514, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Notices
Public Hearing
Committee on Colleges and Universities
Date: Friday, October 3, 1997
Time: 10:00 a.m.
Place: University of Michigan-Flint, Harding Mott University Center, Michigan Rooms A and B, 303 East Kearsley, Flint, Michigan
Rep. Cherry
Chair
Agenda: A review of the impact of Michigan's Financial Aid Programs
and any/or all bills properly before the 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, Wednesday, July 9:
Senate Bill Nos. 654 655 656 657 658 659 660 661 662 663 664
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, July 15:
Senate Bill Nos. 665 666 667 668 669 670 671 672
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, July 22, for his approval of the following bills:
Enrolled Senate Bill No. 413 at 4:00 p.m.
Enrolled Senate Bill No. 619 at 4:02 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, July 22:
Senate Bill Nos. 673 674 675 676
The Clerk announced the enrollment printing and presentation to the Governor on Friday, July 25, for his approval of the following bills:
Enrolled Senate Bill No. 208 at 10:15 a.m.
Enrolled Senate Bill No. 303 at 10:17 a.m.
Enrolled Senate Bill No. 319 at 10:19 a.m.
Enrolled Senate Bill No. 581 at 10:21 a.m.
Enrolled Senate Bill No. 637 at 10:23 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Monday, August 4, for his approval of the following bills:
Enrolled Senate Bill No. 164 at 3:17 p.m.
Enrolled Senate Bill No. 166 at 3:19 p.m.
Enrolled Senate Bill No. 169 at 3:21 p.m.
Enrolled Senate Bill No. 171 at 3:23 p.m.
Enrolled Senate Bill No. 172 at 3:25 p.m.
Enrolled Senate Bill No. 521 at 3:27 p.m.
Enrolled Senate Bill No. 534 at 3:29 p.m.
Enrolled Senate Bill No. 302 at 3:31 p.m.
Enrolled Senate Bill No. 173 at 3:33 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, August 6, for his approval of the following bills:
Enrolled Senate Bill No. 170 at 2:38 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, August 7, for his approval of the following bills:
Enrolled Senate Bill No. 167 at 11:18 a.m.
Enrolled Senate Bill No. 168 at 11:20 a.m.
Enrolled Senate Bill No. 272 at 11:22 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Friday, August 8, for his approval of the following bills:
Enrolled Senate Bill No. 114 at 11:25 a.m.
Enrolled Senate Bill No. 225 at 11:27 a.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, September 24:
House Bill No. 5083
The Clerk announced that the following Senate bills had been received on Wednesday, September 24:
Senate Bill Nos. 273 578
Communications from State Officers
The following communications from the Auditor General were received and read:
September 16, 1997
Enclosed is a copy of the financial statements, together with Auditors' Report, for the Bureau of State Lottery for the year ended March 31, 1997.
If you have questions regarding this report, please call me; Michael J. Mayhew, C.P.A., Director of Audit Operations; or Wayne V. Birkmeier, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.
September 19, 1997
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, including the provisions of the Single
Audit Act, of the Department of Education and federal
programs within Michigan Rehabilitation Services,
Michigan Jobs Commission
October 1, 1993 through September 30, 1995
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Ethics.
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
08-04-97
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 4:30 P.M. this date, administrative rule (97-8-1) for the Department of State Police, Automated Fingerprint Identification System Policy Council, entitled "Automated Fingerprint Identification System", effective 15 days hereafter.
08-04-97
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 4:35 P.M. this date, administrative rule (97-8-2) for the Department of State, Bureau of Elections, entitled "Campaign Financing - Part 2. Committees", 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.
Introduction of Bills
Reps. Anthony, DeHart, Prusi, Tesanovich, Gagliardi, Kaza and Goschka introduced
House Bill No. 5086, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 3 (MCL 432.203), as amended by 1997 PA 69.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Reps. Anthony, DeHart, Prusi, Tesanovich, Gagliardi, Kaza and Goschka introduced
House Bill No. 5087, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 310c.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Reps. London, Middleton, Oxender, Gernaat, Hammerstrom, Green, LaForge, DeVuyst and Jelinek introduced
House Bill No. 5088, entitled
A bill to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the operation of personal watercraft; to provide for the carrying of equipment on such waters and the use of waters of this state for boating; to promote uniformity of laws relating thereto; to prescribe the duties and responsibilities of owners and operators of personal watercraft; to prescribe the powers and duties of certain state departments; to provide for the disposition of revenue; to provide for penalties; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Reps. Gilmer, Oxender, Gernaat, Birkholz, DeVuyst, Rhead, Johnson, LeTarte, Walberg, Brackenridge, Sikkema, McNutt, Cassis, Scranton, Rocca, Middleton, Dalman, Bobier, Bodem, Raczkowski, Kukuk, Godchaux, Byl, Law, Jansen, Middaugh, Kaza, London, Jelinek, Hammerstrom, Fitzgerald, Dobb, Jellema, Richner, Horton, Gustafson, Geiger, Perricone, Voorhees and Llewellyn introduced
House Bill No. 5089, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 31a, 51a, and 53a (MCL 388.1606, 388.1631a, 388.1651a, and 388.1653a), sections 6, 51a, and 53a as amended by 1997 PA 93 and section 31a as amended by 1997 PA 24, and by adding section 31c.
The bill was read a first time by its title and referred to the Committee on Appropriations.
______
Rep. Richner moved that the House adjourn.
The motion prevailed, the time being 4:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, September 25, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.