No. 45

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, May 13, 1998.

2:00 p.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--excused

Baird--present

Bankes--present

Basham--present

Birkholz--excused

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--excused

Curtis--present

Dalman--excused

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--excused

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

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

Sanborn--present

Schauer--present

Schermesser--present

Schroer--excused

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. John Llewellyn, from the 100th District, offered the following invocation:

"Heavenly Father, as the words You gave us through St. Paul . . . 'In everything set them an example by doing what is good. In your teachings show integrity, seriousness and soundness of speech, that cannot be condemned. So that those who oppose You may be ashamed because they have nothing bad to say about You.' Amen."

______

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

The motion prevailed.

Rep. Hammerstrom moved that Reps. Birkholz, Cropsey, Dalman and Geiger be excused from today's session.

The motion prevailed.

Rep. Cherry moved that Rep. Wetters be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 5000, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending sections 1, 3, 6, and 9 (MCL 257.1401, 257.1403, 257.1406, and 257.1409).

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

Roll Call No. 392 Yeas--97

Agee Gagliardi LaForge Profit

Alley Galloway Law Prusi

Anthony Gernaat Leland Quarles

Bankes Gilmer LeTarte Raczkowski

Basham Gire Llewellyn Richner

Bobier Godchaux London Rison

Bodem Goschka Lowe Rocca

Bogardus Green Mans Sanborn

Brackenridge Griffin Martinez Schauer

Brater Gubow Mathieu Schermesser

Brewer Gustafson McBryde Scott

Brown Hale McManus Scranton

Byl Hammerstrom McNutt Sikkema

Callahan Hanley Middaugh Stallworth

Cassis Harder Middleton Tesanovich

Cherry Hertel Murphy Thomas

Ciaramitaro Hood Nye Varga

Curtis Horton Olshove Vaughn

DeHart Jansen Owen Voorhees

DeVuyst Jelinek Oxender Walberg

Dobb Jellema Palamara Wallace

Dobronski Johnson Parks Whyman

Fitzgerald Kelly Perricone Willard

Frank Kilpatrick Price Wojno

Freeman

Nays--2

Kaza Kukuk

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 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending the title and sections 1, 3, 6, and 8 (MCL 257.1401, 257.1403, 257.1406, and 257.1408).

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. 5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999, and supplemental appropriations for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Baird moved to amend the bill as follows:

1. Amend page 12, following line 13, by inserting:

"Office of legislative health care advisor 500,000".

2. Amend page 12, following line 15, by inserting:

"Interdepartmental grant revenues:

IDG from MDCH 500,000"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 49, following line 4, following section 631, by inserting:

"Sec. 632. The office of legislative health care advisor is established to provide technical assistance, advice, and information to the legislature on medicaid managed care programs. The office shall do all of the following:

(a) Analyze health care data collected by the department of community health.

(b) Analyze medicaid laws, regulations, and policies related to managed care.

(c) Assess the performance of health plans serving the medicaid population.

(d) Coordinate efforts with the contractors for medicaid ombudsman services, external quality assurance, evaluation, and enrollment services.

(e) Report its findings and recommendations to the legislature by January 31 of each year.

(f) Perform other tasks as requested by members of the legislature.".

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Gustafson moved to reconsider the vote by which the House adopted the amendments.

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

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 393 Yeas--56

Agee Dobronski Kelly Prusi

Alley Emerson Kilpatrick Quarles

Anthony Frank LaForge Rison

Baird Freeman Leland Schauer

Basham Gagliardi Mans Schermesser

Bogardus Gire Martinez Scott

Brater Goschka Mathieu Stallworth

Brewer Griffin Murphy Tesanovich

Brown Gubow Olshove Thomas

Callahan Hale Owen Varga

Cherry Hanley Palamara Vaughn

Ciaramitaro Harder Parks Wallace

Curtis Hertel Price Willard

DeHart Hood Profit Wojno

Nays--46

Bobier Godchaux LeTarte Perricone

Bodem Green Llewellyn Raczkowski

Brackenridge Gustafson London Rhead

Byl Hammerstrom Lowe Richner

Cassis Horton McBryde Rocca

Crissman Jansen McManus Sanborn

DeVuyst Jelinek McNutt Scranton

Dobb Jellema Middaugh Sikkema

Fitzgerald Johnson Middleton Voorhees

Galloway Kaza Nye Walberg

Gernaat Kukuk Oxender Whyman

Gilmer Law

In The Chair: Murphy

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 394 Yeas--57

Agee Dobronski Kilpatrick Quarles

Alley Emerson LaForge Rison

Anthony Frank Leland Schauer

Baird Freeman Mans Schermesser

Basham Gagliardi Martinez Scott

Bobier Gire Mathieu Sikkema

Bogardus Griffin Murphy Stallworth

Brater Gubow Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Palamara Varga

Callahan Harder Parks Vaughn

Cherry Hertel Price Wallace

Ciaramitaro Hood Profit Willard

Curtis Kelly Prusi Wojno

DeHart

Nays--46

Bankes Godchaux Law Oxender

Bodem Goschka LeTarte Perricone

Brackenridge Green Llewellyn Raczkowski

Byl Gustafson London Rhead

Cassis Hammerstrom Lowe Richner

Crissman Horton McBryde Rocca

DeVuyst Jansen McManus Sanborn

Dobb Jelinek McNutt Scranton

Fitzgerald Jellema Middaugh Voorhees

Galloway Johnson Middleton Walberg

Gernaat Kaza Nye Whyman

Gilmer Kukuk

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 make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

I voted No on HB 5595 because of the inclusion of an ombudsman for medical affairs and medicaid affairs. I believe we do not need yet another bureaucrat, especially when the departments have many medical and medicaid experts. In addition, the amendment to include this ombudsman was defeated by roll call vote on Tuesday, May 12, and passed at the voice of the speaker without a roll call on Wednesday, May 13, just prior to acting on the bill as a whole."

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

"Mr. Speaker and members of the House:

I voted No on HB 5595, General Government, because it is over $44,000,000.00 over budget. Additionally, this bill reduces lottery advertisement by about $15,000,000. This could take millions of dollars from K-12 education. We as legislators should not be micro-managing Michigan lottery."

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

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 5595 because it is seriously flawed in one area in particular, that being revenue sharing.

While millions of dollars are going to the city of Detroit in the form of revenue sharing, the rural areas of Michigan are receiving mere pennies. That is so grossly unfair!

I certainly support the community policing in this bill, and I hail its passage. I also support the overall increase in revenue sharing. However, I don't agree with the bulk of it being sent to Detroit!

Mr. Speaker and members, we owe it to the citizens of outstate Michigan to have a more balanced distribution of revenue sharing on a per capita basis! My constituents in Saginaw County deserve it and so do all of the citizens of this great state."

Second Reading of Bills

House Bill No. 5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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 adopted, a majority of the members serving voting therefor.

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 33, following line 22, by inserting:

"Sec. 521. The department shall not expend funds appropriated in part 1 to pay for the placement of a child in an out-of-state facility unless all of the following conditions are met:

(a) There is no appropriate placement available in this state.

(b) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.

(c) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located.

(d) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, and reviewed licensing records and reports on the facility and believes that the facility is an appropriate placement for the child.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Rison moved to amend the bill as follows:

1. Amend page 4, line 12, after "project--" by striking out "4.0" and inserting "5.0".

2. Amend page 4, line 12, by striking out "308,400" and inserting "358,400".

3. Amend page 4, line 25, by striking out "26,387,300" and inserting "26,437,300" and adjusting the subtotals, totals, and section 201 accordingly.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Jansen moved to amend the bill as follows:

1. Amend page 6, line 3, by striking out "247,171,600" and inserting "274,891,600".

2. Amend page 6, line 9, by striking out "292,033,200" and inserting "264,313,200".

3. Amend page 9, line 13, by striking out "702,324,600" and inserting "713,104,600".

4. Amend page 9, line 18, by striking out "402,607,800" and inserting "391,827,800" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 395 Yeas--46

Bankes Gilmer Kukuk Oxender

Bobier Godchaux Law Perricone

Bodem Goschka LeTarte Raczkowski

Brackenridge Green Llewellyn Rhead

Byl Gustafson London Richner

Cassis Hammerstrom Lowe Rocca

Crissman Horton McBryde Sanborn

DeVuyst Jansen McManus Scranton

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middleton Walberg

Galloway Johnson Nye Whyman

Gernaat Kaza

Nays--52

Agee DeHart LaForge Quarles

Alley Dobronski Leland Rison

Anthony Frank Mans Schauer

Baird Freeman Martinez Schermesser

Basham Gagliardi Mathieu Scott

Bogardus Gire Middaugh Stallworth

Brater Hale Murphy Tesanovich

Brewer Hanley Olshove Thomas

Brown Harder Owen Varga

Callahan Hertel Palamara Vaughn

Cherry Hood Parks Wallace

Ciaramitaro Kelly Price Willard

Curtis Kilpatrick Prusi Wojno

In The Chair: Murphy

______

Rep. Rhead moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

Rep. Jansen moved to amend the bill as follows:

1. Amend page 7, line 10, by striking out "279,923,200" and inserting "277,098,200".

2. Amend page 7, line 20, by striking out "262,983,900" and inserting "261,571,400".

3. Amend page 7, line 24, by striking out "160,290,500" and inserting "158,878,000" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 46, line 10, by striking out all of section 630.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 396 Yeas--44

Alley Gilmer Kukuk Oxender

Bobier Godchaux Law Perricone

Bodem Goschka Llewellyn Raczkowski

Brackenridge Green London Rhead

Byl Gustafson Lowe Richner

Cassis Hammerstrom McBryde Rocca

Crissman Horton McManus Sanborn

DeVuyst Jansen McNutt Scranton

Fitzgerald Jelinek Middaugh Sikkema

Galloway Jellema Middleton Walberg

Gernaat Kaza Nye Whyman

Nays--53

Agee Emerson Kilpatrick Prusi

Anthony Frank LaForge Quarles

Baird Freeman Leland Rison

Basham Gagliardi LeTarte Schauer

Bogardus Gire Mans Schermesser

Brater Griffin Martinez Scott

Brewer Gubow Mathieu Stallworth

Brown Hale Murphy Tesanovich

Callahan Hanley Owen Thomas

Cherry Harder Palamara Vaughn

Ciaramitaro Hertel Parks Wallace

Curtis Hood Price Willard

DeHart Kelly Profit Wojno

Dobronski

In The Chair: Murphy

Reps. Goschka and McManus moved to amend the bill as follows:

1. Amend page 54, following line 26, by inserting:

"Sec. 648. (1) The family independence agency shall periodically compare its records of individuals who receive or use food stamps or coupons, food stamp access devices, or food stamp program benefits with the records of individuals committed to the jurisdiction of the department of corrections or individuals sentenced to a term of imprisonment in a county jail to identify and terminate the eligibility of individuals who are ineligible for those food stamps or coupons, food stamp access devices, or food stamp program benefits because of their conviction and incarceration.

(2) By September 30, 1999, the department shall report to the house and senate appropriation subcommittees on the family independence agency budget the results of the actions required by this section.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 26, line 6, by striking out all of subsection (2) and inserting:

"(2) A work first client must be informed of their right to request a face to face meeting with both their work first and FIA caseworkers if the client meets either of the following criteria:

(a) The client has been negatively terminated from work first at least once and has at least 1 child who has a severe physical or mental disability, and is likely to need publicly supported child care in order to maintain employment.

(b) The client has been negatively terminated from work first employment 2 or more times.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Sanborn moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 648, by inserting:

"Sec. 649. To the extent allowed under federal law, the department shall establish a program to identify deceased individuals counted as members of food stamp households for purposes of calculating benefits by periodically conducting computer matches comparing individuals in food stamp households with data in the social security administration's comprehensive death master file. The department shall report the results of the matches to the house and senate appropriations subcommittees on the family independence agency budget. The report shall include at a minimum all of the following:

(a) The number of deceased individuals who were included as members of households that received food stamp benefits and the estimated value of the improper benefits that were issued to those households.

(b) Whether computer matching or other methods are effective means for identifying deceased individuals counted as members of food stamp households.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Reps. Horton and Perricone moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 649, by inserting:

"Sec. 650. The department shall consult with local groups and community action agencies that have previously provided community service placement opportunities for welfare recipients to determine if the United States department of labor's April 1997 ruling that workfare programs are subject to the provisions of the fair labor standards act, the occupational safety and health act, unemployment insurance, and other laws and regulations has adversely affected the willingness and ability of such groups to accept community service placements. The department shall report its findings to the house and senate appropriations subcommittees on the family independence agency. If the United States department of labor ruling adversely affects the availability of community service opportunities for welfare recipients, the department shall seek any exemption or limitation on the applicability of the ruling that may be granted from the United States department of labor, the United States department of health and human services, or both.".

The question being on the adoption of the amendment offered by Reps. Horton and Perricone,

Rep. Horton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Horton and Perricone,

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

Roll Call No. 397 Yeas--48

Alley Gilmer Kukuk Oxender

Bobier Godchaux Law Perricone

Bodem Goschka LeTarte Raczkowski

Brackenridge Green Llewellyn Rhead

Byl Gustafson London Richner

Cassis Hammerstrom Lowe Rocca

Crissman Horton McBryde Sanborn

DeVuyst Jansen McManus Scranton

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway Johnson Middleton Walberg

Gernaat Kaza Nye Whyman

Nays--52

Agee Dobronski Kelly Prusi

Anthony Emerson Kilpatrick Quarles

Baird Frank LaForge Rison

Bankes Freeman Leland Schauer

Basham Gagliardi Mans Schermesser

Bogardus Gire Martinez Scott

Brater Griffin Mathieu Stallworth

Brown Gubow Murphy Tesanovich

Callahan Hale Olshove Thomas

Cherry Hanley Owen Vaughn

Ciaramitaro Harder Palamara Wetters

Curtis Hertel Parks Willard

DeHart Hood Price Wojno

In The Chair: Murphy

Rep. Gagliardi moved to reconsider the vote by which the House did not adopt the amendment.

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

The question being on the adoption of the amendment offered by Reps. Horton and Perricone,

Rep. Gagliardi demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Horton and Perricone,

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

Roll Call No. 398 Yeas--44

Bobier Gilmer Kukuk Perricone

Bodem Godchaux Law Raczkowski

Brackenridge Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson Lowe Rocca

Crissman Hammerstrom McBryde Sanborn

DeVuyst Horton McManus Scranton

Dobb Jansen Middaugh Sikkema

Fitzgerald Jelinek Middleton Voorhees

Galloway Jellema Nye Walberg

Gernaat Johnson Oxender Whyman

Nays--54

Agee Dobronski Kilpatrick Quarles

Alley Emerson LaForge Rison

Anthony Frank Leland Schauer

Baird Freeman Mans Schermesser

Bankes Gagliardi Martinez Scott

Basham Gire Mathieu Stallworth

Bogardus Griffin Murphy Tesanovich

Brater Gubow Owen Thomas

Brown Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cherry Harder Price Wetters

Ciaramitaro Hertel Profit Willard

Curtis Hood Prusi Wojno

DeHart Kelly

In The Chair: Murphy

______

Rep. Johnson asked and obtained an excuse from the balance of today's session.

Rep. Horton moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 649, by inserting:

"Sec. 650. Effective October 1, 1998, in determining the eligibility of a resident alien for any means-tested assistance program funded under part 1, the family independence agency shall include as the income and resources of the alien both of the following:

(a) The income and resources of any person who executed an affidavit of support on behalf of the alien under section 213a of chapter 2 of title III of the immigration and nationality act, chapter 477, 110 Stat. 2271, 8 U.S.C. 1183a.

(b) The income and resources of the spouse, if any, of the person who executed the affidavit described in subdivision (a).".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 399 Yeas--45

Bobier Goschka LeTarte Perricone

Bodem Green Llewellyn Raczkowski

Brackenridge Gustafson London Rhead

Byl Hammerstrom Lowe Richner

Cassis Horton McBryde Rocca

DeVuyst Jansen McManus Sanborn

Dobb Jelinek McNutt Scranton

Fitzgerald Jellema Middaugh Sikkema

Galloway Kaza Middleton Voorhees

Gernaat Kukuk Nye Walberg

Gilmer Law Oxender Whyman

Godchaux

Nays--50

Agee Emerson Kilpatrick Rison

Alley Frank LaForge Schauer

Anthony Freeman Leland Schermesser

Baird Gagliardi Mans Scott

Bankes Gire Mathieu Stallworth

Basham Griffin Murphy Tesanovich

Bogardus Gubow Olshove Thomas

Brater Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cherry Harder Price Wetters

Ciaramitaro Hertel Prusi Willard

DeHart Hood Quarles Wojno

Dobronski Kelly

In The Chair: Murphy

Rep. McManus moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 649, by inserting:

"Sec. 650. Effective October 1, 1998, the department shall establish the payment amount for a family independence assistance group based on the number of children in the household at the time eligibility is determined. If a child is born more than 10 months after the date on which eligibility is determined, the amount of the payment to the family independence assistance group shall not be increased, but vouchers for food shall be given to the household for that child. This section does not apply to a child who was included in the eligibility determination under section 57(1)(d)(ii) of the social welfare act, 1939 PA 280, MCL 400.57.".

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

Rep. McManus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 400 Yeas--38

Bodem Gustafson London Raczkowski

Brackenridge Hammerstrom Lowe Rhead

Cassis Horton McBryde Richner

Crissman Jansen McManus Rocca

DeVuyst Jelinek Middaugh Sanborn

Fitzgerald Jellema Middleton Sikkema

Galloway Kaza Nye Voorhees

Gernaat Kukuk Oxender Walberg

Goschka Law Perricone Whyman

Green Llewellyn

Nays--57

Agee Dobb Kilpatrick Quarles

Alley Dobronski LaForge Rison

Anthony Frank Leland Schauer

Baird Gagliardi LeTarte Schermesser

Bankes Gilmer Martinez Scott

Basham Gire Mathieu Scranton

Bogardus Godchaux Murphy Stallworth

Brater Gubow Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Palamara Varga

Byl Harder Parks Vaughn

Callahan Hertel Price Wetters

Cherry Hood Profit Willard

Ciaramitaro Kelly Prusi Wojno

Curtis

In The Chair: Murphy

Rep. McManus moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 649, by inserting:

"Sec. 650. (1) The family independence agency may require substance abuse testing as a condition for family independence assistance. If the family independence agency implements substance abuse testing as provided for by this section as a condition of receiving family independence assistance, an individual who tests positive for substance abuse shall enroll in substance abuse treatment, which treatment shall become a part of the recipient's social contract under section 57e of the social welfare act, 1939 PA 280, MCL 400.57e. Before implementing substance abuse testing as provided for by this section, the family independence agency shall notify the senate and house standing committees having jurisdiction over the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and the senate and house appropriations subcommittees having jurisdiction over the family independence agency budget of the planned implementation.

(2) If the family independence agency implements substance abuse testing under subsection (3), the family independence agency shall submit a report on the testing program no later than September 30, 1999 to the senate and house standing committees having jurisdiction over the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and the senate and house appropriations subcommittees having jurisdiction over the family independence agency budget. The report shall include at least all of the following information:

(a) The number of individuals tested, the substances tested for, the results of the testing, and the number of referrals for treatment.

(b) The costs of the testing and the resulting treatment.

(c) Sanctions, if any, that have been imposed on recipients as a result of the testing program.

(d) The percentage and number of households receiving family independence assistance that include an individual who has tested positive for substance abuse under the program and that also include an individual who has been substantiated for child abuse or neglect under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.".

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

Rep. McManus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 401 Yeas--47

Bobier Galloway Kukuk Perricone

Bodem Gernaat Law Raczkowski

Brackenridge Gilmer LeTarte Richner

Brewer Goschka Llewellyn Rocca

Brown Green London Sanborn

Byl Gustafson Lowe Scranton

Callahan Hammerstrom McManus Sikkema

Cassis Horton McNutt Voorhees

Crissman Jansen Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald Jellema Nye Wojno

Frank Kaza Oxender

Nays--46

Agee Emerson LaForge Quarles

Alley Freeman Leland Rison

Anthony Gagliardi Martinez Schauer

Baird Gire Mathieu Scott

Bankes Gubow Murphy Stallworth

Basham Hale Olshove Tesanovich

Brater Hanley Palamara Thomas

Cherry Harder Parks Varga

Ciaramitaro Hertel Price Vaughn

Curtis Hood Profit Wetters

Dobb Kelly Prusi Willard

Dobronski Kilpatrick

In The Chair: Murphy

Rep. McManus moved to amend the bill as follows:

1. Amend page 33, following line 22, by inserting:

"Sec. 521. The department shall make a comprehensive report concerning children's protective services (CPS) to the legislature by January 1, 1999, that shall include all of the following:

(a) Statistical information including, at a minimum, all of the following:

(i) The total number of reports of abuse or neglect investigated under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of cases that were substantiated and the number that were unsubstantiated.

(ii) Characteristics of perpetrators of abuse or neglect and the child victims, such as age, relationship, socioeconomic status, race, and ethnicity.

(iii) The mandatory reporter category in which the individual who made the report fits, or other categorization if the individual is not within a group required to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.

(b) New policies related to children's protective services including, but not limited to, major policy changes and court decisions affecting the children's protective services system during the immediately preceding 12-month period.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Gire moved to amend the bill as follows:

1. Amend page 55, line 9, after "offenders" by inserting "and the following:

(a) To better address gang, drug, and youth violence.

(b) For training, equipment, and technology.

(c) For the establishment of programs that protect students and school personnel from drug, gang, and youth violence".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Price moved to amend the bill as follows:

1. Amend page 9, line 9, by striking out "278,891,600" and inserting "300,091,600".

2. Amend page 9, line 13, by striking out "702,324,600" and inserting "712,324,600".

3. Amend page 9, line 18, by striking out "402,607,800" and inserting "413,807,800" and adjusting the subtotals, totals, and section 201 accordingly.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Jansen moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 649, by inserting:

"Sec. 650. Effective January 1, 1999, the department shall commence using the federal systematic alien verification for entitlement (SAVE) program in order to verify the eligibility of aliens claiming federally funded benefits.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Jansen moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 650, by inserting:

"Sec. 651. The department shall notify the United States immigration and naturalization service if an undocumented alien applies for cash or medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, including a person who applies for emergency medical services and who refuses or is unable to provide satisfactory verification of his or her status as an alien.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

______

Rep. Hanley moved that Rep. Kelly be excused temporarily from today's session.

The motion prevailed.

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 54, following line 26, following section 651, by inserting:

"Sec. 652. The department shall implement an automated finger imaging system designed to prevent a single individual from receiving family independence assistance, food stamps, or other welfare benefits under more than 1 name. Once the automated finger imaging system is implemented, individuals applying for benefits shall provide the department with an automated finger image or images as a condition of eligibility. The department shall provide confidentiality protections for the finger images but may use them for determining eligibility and for reducing fraud. The department shall not implement the automated finger imaging system unless it is determined to be cost-effective and until the department has submitted an implementation plan to the house and senate appropriation subcommittees on the family independence agency budget and the standing committees of the house and senate that have jurisdiction over human services and children's issues.".

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

Roll Call No. 402 Yeas--42

Bobier Gernaat Llewellyn Rhead

Bodem Gilmer London Richner

Bogardus Goschka Lowe Rocca

Brackenridge Green McBryde Sanborn

Cassis Gustafson McManus Scranton

DeHart Hammerstrom Middaugh Sikkema

DeVuyst Horton Middleton Voorhees

Dobb Jansen Oxender Walberg

Fitzgerald Jelinek Perricone Whyman

Frank Kukuk Raczkowski Wojno

Galloway Law

Nays--52

Agee Dobronski Kilpatrick Profit

Alley Emerson LaForge Prusi

Anthony Freeman Leland Quarles

Baird Gagliardi LeTarte Rison

Bankes Gire Mans Schauer

Basham Godchaux Martinez Scott

Brater Gubow Mathieu Stallworth

Brewer Hale McNutt Tesanovich

Brown Hanley Murphy Thomas

Byl Harder Owen Varga

Callahan Hood Palamara Vaughn

Cherry Jellema Parks Wetters

Crissman Kaza Price Willard

In The Chair: Murphy

______

Rep. Kaza, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

There is no role in a free society for corporate or social welfare engineered by government. These are functions better handled by private, voluntary organizations.

This amendment would subject social welfare recipients to compulsory fingerprinting. But it would not require corporate welfare recipients to provide their fingerprints in a similar manner. It is further proof of the hypocrisy that says corporate welfare is justified while social welfare is not acceptable.

We should work to eliminate social and corporate welfare. Supporters of this amendment, who defend corporate welfare while masquerading as "welfare reformers," reveal not only their intellectual bankruptcy, but also betray the rank hypocrisy of the political position they have staked out on this issue.

Send this amendment to the legislative dustbin that it so richly deserves."

Rep. Alley, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

An amendment that subjects welfare recipients to mandatory fingerprinting, drug testing or any other such political

gimmick is an assault on the citizens of this state. This amendment sends the message to the struggling men, women and children of Michigan that anyone who is poor and in need of temporary help is likely just trying to rip off the state.

This is not welfare reform. True welfare reform saves taxpayer dollars and assists individuals in re-entering the work force. This amendment does neither.

This amendment needs to be discussed in full committee and not attached to an appropriations bill. The Michigan Catholic Conference opposes this concept, stating that it is "a direct attack on human dignity."

Rep. McBryde moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. McManus.

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

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 403 Yeas--47

Bobier Galloway Law Raczkowski

Bodem Gernaat LeTarte Rhead

Brackenridge Gilmer Llewellyn Richner

Brown Goschka London Rocca

Byl Green Lowe Sanborn

Callahan Gustafson McBryde Scranton

Cassis Hammerstrom McManus Sikkema

Crissman Horton McNutt Voorhees

DeHart Jansen Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald Jellema Oxender Wojno

Frank Kukuk Perricone

Nays--46

Agee Freeman LaForge Quarles

Alley Gagliardi Leland Rison

Anthony Gire Mans Schauer

Baird Godchaux Martinez Scott

Bankes Gubow Mathieu Stallworth

Basham Hale Olshove Tesanovich

Brater Hanley Palamara Thomas

Brewer Harder Parks Varga

Cherry Hood Price Vaughn

Ciaramitaro Kaza Profit Wetters

Dobb Kelly Prusi Willard

Dobronski Kilpatrick

In The Chair: Murphy

______

Rep. Hanley moved that Reps. LaForge and Schermesser be excused temporarily from today's session.

The motion prevailed.

Rep. Whyman moved to amend the bill as follows:

1. Amend page 53, line 8, after "645." by striking out the balance of the section and inserting "From the funds appropriated in part 1, the department shall not use state, local, or federal funds, unless specifically required to use those funds by state or federal statute, to assist aliens to gain United States citizenship if the purpose of gaining citizenship, wholly or in part, is to make them eligible for state or federal funded welfare benefits.".

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

Rep. Whyman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 404 Yeas--52

Alley Frank Kaza Oxender

Bankes Galloway Kukuk Perricone

Bobier Gernaat Law Profit

Bodem Gilmer LeTarte Rhead

Brackenridge Godchaux Llewellyn Richner

Brown Goschka London Rocca

Byl Green Lowe Sanborn

Callahan Gustafson McBryde Sikkema

Cassis Hammerstrom McManus Voorhees

Crissman Horton McNutt Walberg

DeVuyst Jansen Middaugh Wetters

Dobb Jelinek Middleton Whyman

Fitzgerald Jellema Nye Wojno

Nays--36

Agee Gagliardi Leland Schauer

Anthony Gire Martinez Scott

Baird Gubow Murphy Scranton

Basham Hale Owen Stallworth

Bogardus Hanley Parks Tesanovich

Brater Harder Price Thomas

DeHart Hertel Prusi Varga

Dobronski Kelly Quarles Vaughn

Freeman Kilpatrick Rison Willard

In The Chair: Murphy

Rep. Jansen 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. 5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

Roll Call No. 405 Yeas--58

Agee Dobronski Kilpatrick Rison

Alley Emerson LaForge Schauer

Anthony Frank Leland Schermesser

Baird Freeman Martinez Scott

Bankes Gagliardi Mathieu Scranton

Basham Gire Murphy Stallworth

Bogardus Godchaux Olshove Tesanovich

Brater Griffin Owen Thomas

Brewer Gubow Palamara Varga

Brown Hale Parks Vaughn

Callahan Hanley Price Wallace

Cherry Harder Profit Wetters

Ciaramitaro Hertel Prusi Willard

Curtis Hood Quarles Wojno

DeHart Kelly

Nays--44

Bobier Gilmer Law Oxender

Bodem Goschka LeTarte Perricone

Brackenridge Green Llewellyn Raczkowski

Byl Gustafson London Rhead

Cassis Hammerstrom Lowe Richner

Crissman Horton McBryde Rocca

DeVuyst Jansen McManus Sanborn

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway Kaza Middleton Walberg

Gernaat Kukuk Nye Whyman

In The Chair: Murphy

The House agreed to the title of the bill.

______

The Speaker assumed the Chair.

House Bill No. 5424, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1311a.

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

Roll Call No. 406 Yeas--96

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baird Freeman LaForge Raczkowski

Bankes Gagliardi Law Rhead

Basham Galloway Leland Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Sanborn

Brackenridge Goschka Mans Schauer

Brater Griffin Martinez Schermesser

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Sikkema

Byl Hale McManus Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Ciaramitaro Hertel Olshove Vaughn

Crissman Hood Owen Voorhees

Curtis Horton Oxender Wallace

DeHart Jansen Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Kaza Price Wojno

Nays--7

Godchaux LeTarte Nye Walberg

Green McNutt Scranton

In The Chair: Hertel

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 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding section 1311b.

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.

Reps. Agee, Anthony, Bodem, Bogardus, Brackenridge, Brown, Byl, Callahan, Cassis, DeHart, Dobb, Freeman, Gagliardi, Horton, Jansen, Jelinek, Jellema, Kelly, Kilpatrick, Kukuk, Law, London, Middaugh, Owen, Oxender, Perricone, Prusi, Raczkowski, Rocca, Sanborn, Tesanovich, Vaughn, Wetters and Wojno were named co-sponsors of the bill.

Senate Bill No. 313, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1311a.

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

Roll Call No. 407 Yeas--98

Agee Fitzgerald Kukuk Profit

Alley Frank LaForge Prusi

Anthony Freeman Law Quarles

Baird Gagliardi Leland Raczkowski

Bankes Galloway LeTarte Rhead

Basham Gernaat Llewellyn Richner

Bobier Gilmer London Rison

Bodem Gire Lowe Rocca

Bogardus Goschka Mans Sanborn

Brackenridge Green Martinez Schauer

Brater Griffin Mathieu Schermesser

Brewer Gubow McBryde Scott

Brown Gustafson McManus Sikkema

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Ciaramitaro Hertel Nye Voorhees

Crissman Hood Olshove Walberg

Curtis Horton Owen Wallace

DeHart Jansen Oxender Wetters

DeVuyst Jelinek Palamara Whyman

Dobb Jellema Perricone Willard

Dobronski Kaza Price Wojno

Emerson Kelly

Nays--3

Godchaux Kilpatrick Scranton

In The Chair: Hertel

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

______

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. Bankes, LaForge, Perricone, Gernaat, Crissman, Dobronski, Lowe, McBryde, Scranton, Kukuk, Kelly, Goschka, Brackenridge, Schauer, Martinez, Tesanovich, Johnson, Fitzgerald, Horton, Oxender, London, Hammerstrom, McNutt, Llewellyn, Middaugh, Cassis, Jellema, Galloway, Law, Walberg, Godchaux, Thomas, Baird, Voorhees, Richner, Rocca, Jelinek, Green, Middleton, Profit, Palamara, Rhead, Scott, Gilmer and Dobb offered the following resolution:

House Resolution No. 295.

A resolution of tribute to Lieutenant Governor Connie Binsfeld.

Whereas, It is a great pleasure to pay tribute to Lieutenant Governor Connie Binsfeld as she is honored by the Michigan Women's Commission for her 30 years of caring community service and her impressive role in Michigan legislative history. This special honor is being bestowed upon Lieutenant Governor Binsfeld as the Michigan Women's Commission celebrates its 30th Anniversary; and

Whereas, The goal of the Michigan Women's Commission is to serve as a valuable resource for women and to provide leadership in the areas of improving the economic independence and health and safety of women. A few of the objectives the commission is currently addressing include: improving child care options, identifying businesses with family friendly policies, educating the public about domestic violence laws, promoting awareness about women's health and safety concerns, increasing self-esteem of middle school age girls and encouraging the passage of child support enforcement; and

Whereas, A former social studies teacher, Lieutenant Governor Binsfeld was named Michigan Mother of the Year in 1977, and in 1978, became the first lawmaker to introduce legislation addressing domestic violence. Lieutenant Governor Connie Binsfeld has been Michigan's Lieutenant Governor for eight years and is the only woman in Michigan history to hold leadership positions in the House, Senate and Executive Office; and

Whereas, Kathy DeGrow stated: "Lieutenant Governor Binsfeld boldly opened new doors for others to follow her through by addressing often controversial or sensitive issues affecting women, children, and families"; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body commend Lieutenant Governor Connie Binsfeld as she is honored by the Michigan Women's Commission for her 30 years of caring community service. May she and her family know of our warmest wishes for health and happiness; and be it further

Resolved, That a copy of this resolution be transmitted to Lieutenant Governor Binsfeld as evidence of our heartfelt congratulations.

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

Reps. Bodem, LaForge, Perricone, Gernaat, Crissman, Dobronski, Lowe, McBryde, Kelly, Goschka, Brackenridge, Fitzgerald, Horton, Oxender, London, Hammerstrom, McNutt, Llewellyn, Middaugh, Cassis, Jellema, Galloway, Baird, Voorhees, Richner, Jelinek, Green, Bankes, Profit, Palamara, Rhead, Scott and Dobb offered the following resolution:

House Resolution No. 296.

A resolution honoring Mr. Robert Greenwood upon his retirement from the Northern Michigan Community Mental Health Board.

Whereas, With his retirement from his responsibilities as a member of the Northern Michigan Community Mental Health Board, Mr. Robert Greenwood is bringing to a close an important chapter in his life. With gratitude for his unselfish efforts in this capacity, we salute Robert Greenwood and thank him for his commitment to help those persons with special needs; and

Whereas, Robert Greenwood demonstrated his commitment to this country by serving in the United States Army, having been post sergeant major at Camp Grayling his last two tours. He is a lifelong resident of Cheboygan County and has been a mental health board member since March 1974 which included serving a term as chairman. The period of his service has been filled with many changes, challenges, and often controversy in how to serve those with mental, emotional, and other problems. Mr. Greenwood's expertise, combined with the unselfishness symbolized by his extensive participation in other volunteer endeavors, has proven invaluable; and

Whereas, Other examples of Robert Greenwood's value to northern Michigan include his service as a commissioner on the Cheboygan County Road Commission and as a trustee to the County Road Association of the Workers' Compensation Board. His civic leadership has been exemplified through services he has provided through his posts on the Cheboygan School Board, the Social Services Board, the Cheboygan County Board of Commissioners, and as chairman for both the Northeast Michigan Manpower Consortium, and the statewide Department of Labor CETA Plan Review and Monitoring Committee. Clearly, his work has had a major positive influence on life in Michigan; now, therefore, be it

Resolved by the House of Representatives, That tribute be hereby accorded to honor Robert Greenwood for this twenty-four years of dedication on the Northern Michigan Community Mental Health Board; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Greenwood as a token 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.

Reports of Standing Committees

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 5717, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 82126a, 82126b, and 82126c.

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

1. Amend page 2, line 15, after "MOBILE" by striking out "AT AN IMMODERATE RATE OF SPEED OR".

2. Amend page 3, following line 2, by inserting:

"(3) UPON A PERSON'S CONVICTION OF A VIOLATION UNDER THIS SECTION, THE COURT MAY ISSUE AN ORDER PROHIBITING THE PERSON FROM OPERATING A SNOWMOBILE IN THIS STATE FOR A PERIOD OF 2 OR MORE YEARS IN THE DISCRETION OF THE COURT. AN ORDER ISSUED UNDER THIS SECTION IS AN ADDITION TO ANY OTHER PENALTY AUTHORIZED UNDER THIS PART.".

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

Favorable Roll Call

HB 5717 To Report Out:

Yeas: Reps. Alley, Callahan, Brater, Brown, LaForge, Mans, Schermesser, Basham, Middaugh, 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, May 13, 1998, at 10:30 a.m.,

Present: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Absent: Reps. Kilpatrick, Birkholz,

Excused: Reps. Kilpatrick, Birkholz.

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 5786, entitled

A bill to amend 1996 PA 195, entitled "Police officer's and fire fighter's survivor tuition act," by amending the title and sections 1, 2, and 3 (MCL 390.1241, 390.1242, and 390.1243).

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 5786 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Scranton, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, May 13, 1998, at 10:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Scranton, Walberg,

Absent: Rep. Dalman,

Excused: Rep. Dalman.

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, May 13, 1998, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Absent: Rep. Freeman,

Excused: Rep. Freeman.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 13, 1998, at 12:00 Noon,

Present: Reps. Gire, Agee, Brown, Schauer, Scott, Crissman, LeTarte, McNutt, Middleton,

Absent: Reps. Bogardus, Cherry, Curtis, Kilpatrick, LaForge, Dalman, Cropsey, Jelinek,

Excused: Reps. Bogardus, Cherry, Curtis, Kilpatrick, LaForge, Dalman, Cropsey, Jelinek.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 13, 1998, at 12:00 Noon,

Present: Reps. Baird, Brater, Gubow, LaForge, Wallace, Scranton, Cassis, Green, Hammerstrom.

Messages from the Senate

House Bill No. 5250, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending

section 217 (MCL 38.2217), as amended by 1996 PA 525.

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

The House agreed to the full title.

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

House Bill No. 5251, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 821a.

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

The House agreed to the full title.

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

Senate Bill No. 610, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.

The Senate has passed the bill.

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

Senate Bill No. 615, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 202 and 203 (MCL 37.2202 and 37.2203), section 202 as amended by 1991 PA 11.

The Senate has passed the bill.

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

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, Thursday, May 7:

Senate Bill Nos. 1100 1101 1102 1103 1104 1109 1110 1111 1112

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 8:

Senate Bill Nos. 1106 1107 1108 1113 1114 1115 1116 1117

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 11:

Senate Bill Nos. 1121 1122 1124 1125 1126

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 4, 1998

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 1:15 P.M. this date, administrative rule (98-05-1) for the Department of State Police, Forensic Science Division, entitled "DNA Profiling", effective 15 days hereafter.

May 5, 1998

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 1:15 P.M. this date, administrative rule (98-05-2) for the Department of Treasury, Revenue Division, entitled "Income Tax", 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 Central Area Partnership Consortium was received and read:

April 22, 1998

The Job Training Partnership Act and the Michigan Jobs Commission require that job training plans and modifications be sent to specific individuals and agencies. These plans are also available to the public in general. To that end, I have enclosed the following documents:

Title IIA Job Training Plan #98-00

Title IIA 5% Job Training Plan #98-00

Title IIB Job Training Plan #98-01

Title IIC Job Training Plan #98-00

Title III Job Training Plan #98-00

Sincerely,

Ralph F. Loeschner

President

The communication was referred to the Clerk.

The following communication from the South Central Michigan Works! was received and read:

May 8, 1998

In accordance with 20 CFR 628.425 of the Job Training Partnership Act (JTPA), enclosed please find South Central Michigan Works! Title III proposed plan for review and comment.

If you have any questions, please contact me at our toll free number 1-888-MI WORKS or (517) 437-0090 extension 108. Thank you.

Sincerely,

Scott A. Menzel

Executive Director

The communication was referred to the Clerk.

The following communication from the Northeast Michigan Consortium was received and read:

May 8, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final IIA plan for program year 1998.

The following is a summary of the planned activities for the target groups that are eligible under the Job Training Partnership Act:

Total IIA Program Funds Planned for PY98: $537,988

Direct Training..................$359,587

Training/Related................$215,752

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

Sincerely,

Terry L. Basel

Program Coordinator

The communication was referred to the Clerk.

The following communication from the Ottawa County Michigan Works! was received and read:

May 12, 1998

Copies of the following information regarding the proposed JTPA services for the Ottawa County Michigan Works! Agency are available for your review and comment by contacting the MWA office:

1) IIA Plan, Period 07/01/98 - 06/30/99

Narrative, Budget Information, Participant Plan Summary

2) IIC Plan, Period 07/01/98 - 06/30/99

Narrative, Budget Information, Participant Plan Summary

3) EDWAAA Plan, Period 07/01/98 - 06/30/99

Narrative, Budget Information, Participant Plan Summary

4) IIB SYET Plan, Period 10/01/97 - 09/30/98

Narrative, Budget Information, Participant Plan Summary

5) 5% Older Worker Plan, Period 07/01/98 - 06/30/99

Narrative, Budget Information, Participant Plan Summary

6) 8% Plan, Period 07/01/98 - 06/30/99

Narrative, Budget Information

Sincerely,

Cathy Simons

Director

The communication was referred to the Clerk.

Introduction of Bills

Rep. Law introduced

House Bill No. 5852, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 10A.

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

Rep. Law introduced

House Bill No. 5853, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending the title and sections 13a, 18a, 19, 20, 20a, 35, 36, 41a, 46, 48, 66, 78, 78a, 78b, and 79 (MCL 780.763a, 780.768a, 780.769, 780.770, 780.770a, 780.785, 780.786, 780.791a, 780.796, 780.798, 780.816, 780.828, 780.828a, 780.828b, and 780.829), sections 13a, 20a, 41a, and 78b as added and sections 18a, 35, 36, 46, 66, and 78 as amended by 1993 PA 341, sections 19, 48, and 78a as amended by 1996 PA 105, and section 79 as added by 1988 PA 21, and by adding section 12a.

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

Reps. Schermesser, DeHart, Kelly, Brewer, Hale, Wojno, Hood, Brown, Callahan and Parks introduced

House Bill No. 5854, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending the title and section 10 (MCL 565.960).

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

Reps. McManus, Sanborn, Horton, London, Whyman, Llewellyn, Goschka, Law, Gustafson, Johnson, Jansen and Perricone introduced

House Bill No. 5855, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57b (MCL 400.57b), as added by 1995 PA 223.

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

Rep. Martinez introduced

House Bill No. 5856, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 14h.

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

Reps. Ciaramitaro and DeHart introduced

House Bill No. 5857, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 104, 110a, 217, 401a, 504, 701, 702, 705, 706, and 711 (MCL 38.2104, 38.2110a, 38.2217, 38.2401a, 38.2504, 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), section 104 as amended by 1995 PA 193, sections 110a, 401a, 705, 706, and 711 as added by 1996 PA 523, section 217 as amended by 1996 PA 525, and sections 701 and 702 as amended by 1998 PA 66, and by adding sections 701a, 707a, and 718a.

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

Rep. Hammerstrom introduced

House Bill No. 5858, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2012 and 2014 (MCL 339.2012 and 339.2014), as amended by 1992 PA 103.

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

Reps. Hanley, Thomas, Hale, Wojno, Mans and Cassis introduced

House Bill No. 5859, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 18.

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

Reps. Bogardus, Gire, LeTarte, Jelinek, Brown, LaForge, Schauer and Agee introduced

House Bill No. 5860, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 175.

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

______

Rep. Hood moved that the House adjourn.

The motion prevailed, the time being 5:15 p.m.

The Speaker declared the House adjourned until Thursday, May 14, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.