No. 26

JOURNAL OF THE HOUSE


House Chamber, Lansing, Tuesday, April 8, 1997.

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--present

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--e/d/s

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--e/d/s

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

Rep. Larry DeVuyst, from the 93rd District, offered the following invocation:

"Heavenly Father, we pause humbly before Thee today to invoke Your presence into these chambers and into our hearts. Help us to draw upon the knowledge and wisdom of the past to give us the convictions for the present, and the courage to stand for those convictions that we may have hope and vision for the future. We thank You for this life, especially for America, for this beautiful state, for this day, and even this very precious moment with Thee. We ask Your blessing upon us and the things that we are about to do and say. Thank you for being with us and comforting us in our coming and our going. All this we ask in the name of Your Son and our Savior, Jesus Christ. Amen."

______

Rep. Dobronski moved that Rep. Schermesser be excused from today's session.

The motion prevailed.

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

Rep. Harder asked and obtained an excuse from the balance of this week's sessions.

Rep. Gagliardi moved that Rep. Hertel be temporarily excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4221, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 799a and 803 (MCL 168.799a and 168.803), section 799a as amended by 1992 PA 8 and section 803 as amended by 1985 PA 160.

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

Roll Call No. 141 Yeas--94

Agee Emerson Kaza Perricone

Alley Fitzgerald Kukuk Profit

Anthony Frank LaForge Prusi

Baade Freeman Law Quarles

Baird Gagliardi Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Martinez Schroer

Brackenridge Goschka Mathieu Scott

Brater Green McBryde Scranton

Brown Griffin McManus Stallworth

Byl Gubow McNutt Tesanovich

Callahan Gustafson Middaugh Thomas

Cassis Hammerstrom Middleton Vaughn

Cherry Hanley Murphy Voorhees

Crissman Hood Nye Walberg

Cropsey Horton Olshove Wallace

Curtis Jansen Owen Wetters

Dalman Jaye Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Dobronski Johnson

Nays--4

Brewer DeHart Hale Kelly

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 1954 PA 116, entitled "Michigan election law," by amending sections 558, 799a, and 803 (MCL 168.558, 168.799a, and 168.803), section 558 as amended by 1996 PA 583, section 799a as amended by 1992 PA 8, and section 803 as amended by 1985 PA 160.

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.

______

Rep. Galloway entered the House Chambers.

Rep. Freeman moved that Rep. Emerson be temporarily excused from today's session.

The motion prevailed.

House Bill No. 4483, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80101, 80102, 80104, 80113, 80124, 80125, 80131, 80142, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80176, 80180, 80198a, and 80198b (MCL 324.80101, 324.80102, 324.80104, 324.80113, 324.80124, 324.80125, 324.80131, 324.80142, 324.80144, 324.80146, 324.80150, 324.80152, 324.80154, 324.80159, 324.80166, 324.80167, 324.80168, 324.80169, 324.80170, 324.80171, 324.80176, 324.80180, 324.80198a, and 324.80198b), sections 80101, 80102, 80104, 80113, 80124, 80125, 80131, 80144, 80146, 80150, 80152, 80154, 80159, 80166, 80167, 80168, 80169, 80170, 80171, 80198a, and 80198b as added by 1995 PA 58 and sections 80142, 80176, and 80180 as amended by 1996 PA 174, and by adding sections 80168a, 80193a, 80199a, 80199b, 80199c, 80199d, 80199e, 80199f, 80199g, and 80199h; and to repeal acts and parts of acts.

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

Roll Call No. 142 Yeas--102

Agee Dobronski Kaza Perricone

Alley Fitzgerald Kelly Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Scott

Brater Goschka Martinez Scranton

Brewer Green Mathieu Sikkema

Brown Griffin McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Voorhees

Crissman Hood Nye Walberg

Cropsey Horton Olshove Wallace

Curtis Jansen Owen Wetters

Dalman Jaye Oxender Whyman

DeHart Jelinek Palamara Willard

DeVuyst Jellema Parks Wojno

Dobb Johnson

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.

Reps. Alley, Anthony, Baade, Baird, Bodem, Brackenridge, Brater, Byl, Callahan, Crissman, Curtis, Dalman, DeHart, Dobb, Fitzgerald, Gilmer, Hale, Jellema, Law, Mans, McNutt, Middleton, Murphy, Scott, Stallworth, Vaughn, Voorhees and Wallace were named co-sponsors of the bill.

House Bill No. 4484, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1e of chapter IV (MCL 764.1e), as added by 1980 PA 506.

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

Roll Call No. 143 Yeas--102

Agee Fitzgerald Kelly Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schroer

Brackenridge Goschka Mathieu Scott

Brater Green McBryde Scranton

Brewer Griffin McManus Sikkema

Brown Gubow McNutt Stallworth

Byl Gustafson Middaugh Tesanovich

Callahan Hale Middleton Thomas

Cassis Hammerstrom Murphy Varga

Cherry Hanley Nye Vaughn

Ciaramitaro Hood Olshove Voorhees

Crissman Horton Owen Walberg

Cropsey Jansen Oxender Wallace

Curtis Jaye Palamara Wetters

Dalman Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Dobronski Kaza

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.

Reps. Alley, Baade, Baird, Brackenridge, Brater, Brewer, Callahan, Curtis, Dalman, DeVuyst, Dobb, Freeman, Jellema, Kaza, Mans, Middleton, Murphy, Owen, Rocca, Scott, Stallworth, Vaughn and Voorhees were named co-sponsors of the bill.

______

Rep. Kilpatrick entered the House Chambers.

House Bill No. 4485, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 113, 8313, 8375, 8391, 8511, and 8512, (MCL 600.113, 600.8313, 600.8375, 600.8391, 600.8511, and 600.8512), sections 113 and 8511 as amended by 1996 PA 79 and sections 8313, 8375, and 8512 as amended by 1995 PA 54.

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

Roll Call No. 144 Yeas--104

Agee Emerson Kelly Price

Alley Fitzgerald Kilpatrick Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Hood Murphy Vaughn

Cropsey Horton Nye Voorhees

Curtis Jansen Olshove Walberg

Dalman Jaye Owen Wallace

DeHart Jelinek Oxender Wetters

DeVuyst Jellema Palamara Whyman

Dobb Johnson Parks Willard

Dobronski Kaza Perricone Wojno

Nays--0

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 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 113, 8313, 8375, 8391, 8511, and 8512 (MCL 600.113, 600.8313, 600.8375, 600.8391, 600.8511, and 600.8512), sections 113 and 8511 as amended by 1996 PA 79 and sections 8313, 8375, and 8512 as amended by 1995 PA 54.

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. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4486, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34.

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

Roll Call No. 145 Yeas--105

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kilpatrick Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Owen Wallace

Dalman Jaye Oxender Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone 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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4487, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.

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

Roll Call No. 146 Yeas--102

Agee Fitzgerald Kelly Price

Alley Frank Kilpatrick Profit

Anthony Freeman Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Birkholz Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rison

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Owen Wallace

Dalman Jaye Oxender Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski Kaza

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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4488, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 of chapter VI (MCL 66.2), as amended by 1996 PA 41.

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

Roll Call No. 147 Yeas--105

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kilpatrick Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Owen Wallace

Dalman Jaye Oxender Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone 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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4489, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 25a (MCL 78.25a), as amended by 1996 PA 42.

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

Roll Call No. 148 Yeas--102

Agee Fitzgerald Kelly Perricone

Alley Frank Kilpatrick Price

Anthony Freeman Kukuk Profit

Baade Gagliardi LaForge Prusi

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale McNutt Thomas

Ciaramitaro Hammerstrom Middaugh Varga

Crissman Hanley Middleton Vaughn

Cropsey Hood Murphy Voorhees

Curtis Horton Nye Walberg

Dalman Jansen Olshove Wallace

DeHart Jaye Owen Wetters

DeVuyst Jelinek Oxender Whyman

Dobb Jellema Palamara Willard

Dobronski Johnson Parks Wojno

Emerson Kaza

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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4490, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 2 of chapter IX (MCL 89.2), as amended by 1996 PA 43.

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

Roll Call No. 149 Yeas--105

Agee Emerson Kelly Price

Alley Fitzgerald Kilpatrick Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Owen Wallace

Dalman Jelinek Oxender Wetters

DeHart Jellema Palamara Whyman

DeVuyst Johnson Parks Willard

Dobb Kaza Perricone 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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4491, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44.

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

Roll Call No. 150 Yeas--104

Agee Dobronski Kaza Perricone

Alley Emerson Kelly Price

Anthony Fitzgerald Kilpatrick Profit

Baade Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Raczkowski

Birkholz Galloway Leland Rhead

Bobier Geiger LeTarte Richner

Bodem Gernaat Llewellyn Rison

Bogardus Gilmer London Rocca

Brackenridge Gire Lowe Schauer

Brater Godchaux Mans Schroer

Brewer Goschka Martinez Scott

Brown Green Mathieu Scranton

Byl Griffin McBryde Sikkema

Callahan Gubow McManus Stallworth

Cassis Gustafson McNutt Tesanovich

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Cropsey Horton Nye Voorhees

Curtis Jansen Olshove Walberg

Dalman Jaye Owen Wetters

DeHart Jelinek Oxender Whyman

DeVuyst Jellema Palamara Willard

Dobb Johnson Parks Wojno

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.

Reps. Alley, Baade, Baird, Bobier, Bodem, Brackenridge, Byl, Callahan, DeHart, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gire, Hale, Jellema, Kaza, Kelly, Law, Mans, Middaugh, Middleton, Murphy, Nye, Olshove, Parks, Raczkowski, Rocca, Scott, Vaughn and Voorhees were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4235, entitled

A bill to amend 1974 PA 269, entitled "Franchise investment law," by amending section 27 (MCL 445.1527), as amended by 1984 PA 92.

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

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

Reps. Richner and Schroer moved to amend the bill as follows:

1. Amend page 10, line 12, after "(2)" by inserting "FOR DOCUMENTS RELATING TO A FRANCHISE EXECUTED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION,".

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

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.

House Bill No. 4239, entitled

A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, dog pounds and animal shelters," by amending the title and sections 1, 6, 7, 8, and 9 (MCL 287.331, 287.336, 287.337, 287.338, and 287.339), section 1 as amended by 1980 PA 214, and by adding sections 8a, 9a, and 9b.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Health Policy (for amendment, see House Journal No. 23, p. 402),

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

Rep. Law 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. 4034, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending section 3 (MCL 125.33), as amended by 1986 PA 5.

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

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

Rep. Middaugh 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. DeHart asked and obtained an excuse from tomorrow's session.

Rep. Gilmer asked and obtained an excuse from April 15th's session.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members, Monday, March 24:

House Bill Nos. 4510 4511 4512 4513 4514 4516 4517 4518 4519 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541

House Joint Resolutions O P

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, March 25:

Senate Bill Nos. 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322

The Clerk announced that the following Senate bills had been received on Tuesday, March 25:

Senate Bill Nos. 169 170 171 303

The Clerk announced that the following Senate bills had been received on Wednesday, March 26:

Senate Bill Nos. 166 167 168 172 173 277

The Clerk announced that the following Senate bills had been received on Thursday, March 27:

Senate Bill Nos. 4 21 229 230 233 234

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, March 26, for his approval of the following bill:

Enrolled Senate Bill No. 93 at 3:08 p.m.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4237, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 117 (MCL 55.117).

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

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

Favorable Roll Call

HB 4237 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Vaughn, Fitzgerald, Richner, Rocca, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4520, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 17h (MCL 436.17h), as amended by 1996 PA 379.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4520 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Scott, Vaughn, Richner, Rocca, Scranton,

Nays: Rep. Fitzgerald.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, March 20, 1997, at 8:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Scott, Vaughn, Fitzgerald, Jaye, Richner, Rocca, Scranton, Voorhees,

Absent: Rep. Quarles.

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

House Bill No. 4117, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1988 PA 372.

With the recommendation that the substitute (H-3) 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 4117 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 8, 1997, at 9:00 a.m.,

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

Absent: Rep. McManus,

Excused: Rep. McManus.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Murphy, Chair of the Committee on Labor and Occupational Safety, was received and read:

Meeting held on: Tuesday, April 8, 1997, at 9:00 a.m.,

Present: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Byl, Llewellyn, Raczkowski, Rhead,

Absent: Reps. Freeman, Schermesser,

Excused: Reps. Freeman, Schermesser.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, April 8, 1997, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Brater, Middleton, DeVuyst, Gernaat,

Absent: Reps. Bogardus, Lowe,

Excused: Reps. Bogardus, Lowe.

Messages from the Senate

House Concurrent Resolution No. 31.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see House Journal No. 25, p. 473.)

The Senate has adopted the concurrent resolution and named Senators Young and Koivisto as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 4, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11514a.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Senate Bill No. 21, entitled

A bill to define certain crimes against pregnant women; to define and allow certain practices; and to prescribe certain penalties.

The Senate has passed the bill.

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

Senate Bill No. 166, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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. 167, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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. 168, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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. 169, 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, 1998; 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.

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. 170, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch 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, 1998; 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 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. 171, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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. 172, entitled

A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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. 173, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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. 229, entitled

A bill to amend 1965 PA 232, entitled "Agricultural commodities marketing act," by amending section 8 (MCL 290.658), as amended by 1996 PA 216.

The Senate has passed the bill.

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

Senate Bill No. 230, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending section 17 (MCL 121.17).

The Senate has passed the bill.

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

Senate Bill No. 233, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the elections and duties of township officers, and the division of townships," by amending section 77 (MCL 41.77), as amended by 1989 PA 77.

The Senate has passed the bill.

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

Senate Bill No. 234, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 142 (MCL 389.142), as amended by 1984 PA 299.

The Senate has passed the bill.

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

Senate Bill No. 277, entitled

A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending section 8 (MCL 830.418), as amended by 1994 PA 252.

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. 303, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending sections 10, 11, 11c, 12, 13, and 15 (MCL 247.660, 247.661, 247.661c, 247.662, 247.663, and 247.665), sections 10, 11, 11c, 12, and 13 as amended by 1993 PA 294 and section 15 as amended by 1982 PA 438, and by adding sections 1g, 1h, and 1i.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 13.

A concurrent resolution approving a general form of lease between the State of Michigan and the State Building Authority, relative to furnishings and equipment to be leased to the State of Michigan.

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease between the State and the State Building Authority (the "Authority") that is only for furnishings or equipment is executed, the general form of the lease shall be approved by concurrent resolution of the Legislature concurred in by a majority of the members elected to and serving in each house. The description of the property to be leased and the rental to be paid by the State shall be approved by the State Administrative Board; and

Whereas, Providing furnishings and equipment to be used by the State pursuant to a lease with the Authority is a recognized public purpose; and

Whereas, A general form of lease between the Authority and the State has been prepared providing for the leasing of furnishings and equipment by the Authority to the State; and

Whereas, The Executive Director of the Authority has, by communication dated December 4, 1996, which communication has been filed with the Secretary of the Senate, furnished the Joint Capital Outlay Subcommittee of the Legislature with the general form of lease to be entered into between the State and the Authority for the leasing of furnishings and equipment and other information relative to the lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the general form of lease to be entered into between the State and the Authority for the leasing of furnishings and equipment is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute one or more leases in substantially the form of the lease hereby approved for and on behalf of the State at any time or times not later than two years after the adoption of this concurrent resolution with such changes therein as the State Administrative Board may approve; and be it further

Resolved, That a lease may be entered into by the State in the form approved by this concurrent resolution only if the furnishings and equipment to be leased by the State are for use by a state agency as determined under the Management and Budget Act, 1984 PA 431, as amended, being MCL §§ 18.1101 to 18.1594; and be it further

Resolved, That the total cost of furnishings and equipment to be leased to the State pursuant to the form of lease approved by this concurrent resolution during the two years succeeding final adoption of this concurrent resolution shall not exceed $75,000,000, which shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonacquisition costs; and be it further

Resolved, That, before execution of a lease by the Governor and the Secretary of State in the form approved by this concurrent resolution, the final form of the lease, the description of the furnishings and equipment to be leased to the State, and the rental to be paid by the State shall be approved by the State Administrative Board as provided in Section 7 of 1964 PA 183 and a copy of the final form of lease, including the description of the furnishings and equipment to be leased to the State and the rental to be paid by the State as approved by the State Administrative Board, shall be provided to the Joint Capital Outlay Subcommittee of the Legislature; and be it further

Resolved, That, by hereby approving the form of lease between the State and the Authority, the Legislature agrees to appropriate sufficient amounts annually to pay the rentals and satisfy other obligations imposed on the State pursuant to any lease entered into by the State as authorized by this concurrent resolution; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor, the Secretary of State, the Authority, and the Director of the Department of Management and Budget of the State.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Reps. Prusi, Oxender, Wetters, Tesanovich, Brackenridge, Llewellyn and Dalman were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 14.

A concurrent resolution to express support for the American Forest and Paper Association's Sustainable Forestry Initiative.

Whereas, Michigan's forests have always been very important to our state's economy. Because of our abundant woodland resources, among the most extensive in the entire country, at least 150,000 of our citizens work in a variety of forest-related jobs at more than 4,000 establishments; and

Whereas, In spite of the bounty represented in Michigan's 18.6 million acres, as well as our national leadership as the state with the most surplus growth stock, it is estimated that Michigan's forests have the potential for even greater growth. With proper management, Michigan forests can increase annual wood growth by 50 percent on a sustainable basis; and

Whereas, The Michigan forest products industry, through the American Forest and Paper Association, has developed a program to advance our timberland resources. This program is called the Sustainable Forestry Initiative. It promotes, educates, and monitors adherence to safeguard the state's resources for future generations. In order to be most effective, this initiative needs the cooperation and support of all entities with responsibilities for management or ownership of woodlands in Michigan. This self-regulatory program offers an opportunity to strengthen our state; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we express support for the American Forest and Paper Association's Sustainable Forestry Initiative.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Forestry and Mineral Rights.

Reps. Green, Bodem, Prusi, Oxender, Wetters, Middleton, Middaugh, McBryde, Tesanovich, Perricone, Goschka, Llewellyn, Dalman, Horton, Lowe, Anthony and Kukuk were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 28.

A concurrent resolution to dissolve the K.I. Sawyer Base Conversion Authority.

Whereas, The K.I. Sawyer Base Conversion Authority was created on September 10, 1993, as authorized by 1993 PA 159, to assist in the transition of K.I. Sawyer Air Force Base in Marquette County from military to civilian use due to closure of the base on September 30, 1995; and

Whereas, Executive Order No. 1994-26, issued on December 10, 1994, vested all authority, powers, duties, functions, and responsibilities of the authority in the Michigan Jobs Commission; and

Whereas, The function of the authority is to serve as a holding and maintenance agency for the property and assets until dissolution of the authority, at which time the property, books, records, files, and funds of the authority become the property of Marquette County; and

Whereas, The authority has served as caretaker for the base since its closure and worked closely on economic development initiatives with the county to develop the base as a thriving community with over 1,100 new jobs created or to be created by new businesses being attracted to the base; to establish a new county airport; and to secure significant federal support to aid in the conversion process; and

Whereas, The conversion effort is well underway with all interested persons and the county demonstrating the desire and skills necessary to complete the redevelopment of the base for civilian use; and

Whereas, The Chief Executive Officer of the Michigan Jobs Commission has recommended that the authority be dissolved to eliminate what has become a redundant layer of government in the reuse process. The authority has served its purpose as a transition agency, and it is now appropriate to dissolve the authority; and

Whereas, Marquette County fully concurs in the recommendation to dissolve the authority and is prepared to provide leadership and governance of the reuse program established by the authority; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That, pursuant to Section 10 of 1993 PA 159, being MCL § 3.580, the legislature does hereby dissolve the K.I. Sawyer Base Conversion Authority effective April 19, 1997; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Jobs Commission and to Marquette County officials.

The Senate has adopted the concurrent resolution.

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

Reps. Jaye, Prusi, Middleton, Middaugh, Tesanovich, Anthony, Hale and Kukuk were named co-sponsors of the concurrent resolution.

Notices

March 18, 1997

Ms. Mary Kay Scullion

Clerk of the House

State Capitol

Lansing, MI 48933

Dear Ms. Scullion:

This letter is to inform you that I have appointed Representative Andrew Richner to serve on the Commission on Uniform State Laws in the Legislative Council.

If you have any questions regarding this appointment, please contact Cindy Peruchietti, 3-5766, in my office.

I thank you in advance for your time and consideration in this matter.

Sincerely,

Curtis Hertel

Speaker of the House

March 31, 1997

Ms. Mary Kay Scullion

Clerk of the House

State Capitol

Lansing, MI 48909

Dear Ms. Scullion:

This is to inform you that I have appointed Representative Michael Prusi to the State Emergency Medical Services Coordinating Committee (EMSCC) in the Department of Consumer and Industry Services. The EMSCC was created by Section 20915 of the Public Health Code (MCL 333.20915). The statute requires one member of the committee be appointed by the Speaker of the House.

If you have any questions concerning this appointment, please contact Cindy Peruchietti, 3-5766, in my office.

I thank you for your time and consideration in this matter.

Sincerely,

Curtis Hertel

Speaker of the House

March 19, 1997

Mary Kay Scullion, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Madam Clerk:

Please be advised that the House Appropriations Subcommittee on Consumers and Industry Services will now be known as the Consumers and Industry Services/Regulatory Subcommittee.

If you have any questions, feel free to contact my office.

Sincerely,

Curtis Hertel

Speaker of the House

Public Hearing

House Appropriations Subcommittee on Family Independence Agency

Date: Tuesday, April 15, 1997

Time: 8:00 - 10:00 am

Place: Room 351 - Cap. Bldg.

Agenda: Regarding the 1998 proposed executive budget and any/or all bills properly before this subcommittee

Messages from the Governor

The following message from the Governor was received Friday, March 21, 1997 and read:

EXECUTIVE ORDER

No.1997 - 5

Michigan Department of Management and Budget

Michigan Family Independence Agency

Michigan Department of Community Health

Executive Office of the Governor

Executive Reorganization

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

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

WHEREAS, Article V, Section 8, of the Constitution of the State of Michigan of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and

WHEREAS, Article IV, Section 51, states that the public health and general welfare of the people of the state are matters of public concern; and

WHEREAS, the welfare of Michigan's senior citizens is of primary concern to the State; and

WHEREAS, the Department of Community Health is currently allocated over $850 million for services pertaining to aging and long term care, and it is important to directly involve the aging network in the planning of the future long term care delivery system; and

WHEREAS, the future in state-funded and administered health, behavioral and support services lies in integrating administrative systems and pooling state purchasing power for more efficient use of resources; and

WHEREAS, the administration of services dedicated to older Michiganians can be enhanced by integration with similar services in state government; and

WHEREAS, Executive Order 1996-1 provided for a foundation of integrated administration of health related programs; and

WHEREAS, the protection of the health and safety of the citizens of Michigan can more effectively and efficiently be carried out by continuing the alignment of health-related administrative functions in state government; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

I. Department of Management and Budget

1. All of the statutory powers, duties, functions and responsibilities of the Office of Services to the Aging, including but not limited to its statutory authority, powers, duties, functions and responsibilities set forth in Act No.180 of the Public Acts of 1981, as amended, being Section 400.581 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of Management and Budget to the Department of Community Health by a Type I transfer, as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Director of the Department of Community Health shall administer the budget, procurement and management related functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

3. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of the transfers.The budgeting, procurement, and related management functions of the Office of Services to the Aging shall be performed under the direction and supervision of the Director of the Department of Community Health.

4. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Department of Management and Budget for the activities, powers, duties, functions, and responsibilities transferred by this Order are hereby transferred to the Department of Community Health.

5. The Directors of the Department of Community Health, the Department of Management and Budget,and the Director of the Office of Services to the Aging shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Community Health.

6. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

7. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

II. Executive Office of the Governor

1. All the authority, powers, duties, functions and responsibilities of the Commission on Services to the Aging,including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Act No.180 of the Public Acts of 1981, as amended, being Section 400.583, Section 400.584, Section 400.588(1), Section 400.589, Section 400.591 and Section 400.592 of the Michigan Compiled Laws, are hereby transferred from the Executive Office of the Governor to the Department of Community Health by a Type I transfer as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Director of the Department of Community Health shall administer the assigned functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

3. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of the transfer. The budgeting, procurement and related management functions of the Commission on Services to the Aging will be performed under the direction and supervision of the director of the Department of Community Health.

4. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Executive Office of the Governor for the activities, powers, duties, functions, and responsibilities transferred by this Order are hereby transferred to the Department of Community Health.

5. The Director of the Department of Community Health and a designated representative of the Executive Office of the Governor shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Community Health.

6. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

7. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

III. Family Independence Agency

1. All the statutory authority, powers, duties, functions and responsibilities of the Home Help Program and the Physical Disabilities Program, as set forth in Act 280 of the Public Acts of 1939, as amended, being Section 400.106, Section 400.109 and Section 400.109c of the Michigan Compiled Laws, and Title XIX of the Social Security Act, are hereby transferred from the Family Independence Agency to the Director of the Department of Community Health by a Type II transfer, as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Director of the Department of Community Health, in cooperation with the Director of the Family Independence Agency, shall provide executive direction and supervision for the implementation of the transfer. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Community Health.

3. The Director of the Department of Community Health shall administer the assigned functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

4. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Family Independence Agency for the activities, powers, duties, functions, and responsibilities transferred by this Order are hereby transferred to the Department of Community Health.

5. The Directors of the Department of Community Health and the Family Independence Agency shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Community Health.

6. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

7. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

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

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 21st day of March, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received Wednesday, April 2, 1997 and read:

EXECUTIVE ORDER

No. 1997 - 6

Transportation Needs Study Committee

Citizens Advisory Committee

State Transportation Commission

Michigan Department of Transportation

Executive Reorganization

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

WHEREAS, the transportation needs study committee was created by Section 9a of Act No. 234 of the Public Acts of 1987, being Section 247.659a of the Michigan Compiled Laws; and

WHEREAS, the transportation needs study committee was to report to the Governor, the state transportation commission and the legislature on various transportation needs of the state; and

WHEREAS, no Governor has appointed members to the transportation needs study committee since its inception in 1987; and

WHEREAS, the state transportation commission was created by Article V, Section 28, of the Constitution of the State of Michigan of 1963 to "establish policy for the state transportation department transportation programs and facilities, and such other public works of the state, as provided by law;" and

WHEREAS, the functions, duties and responsibilities assigned to the transportation needs study committee can be more effectively and appropriately organized and carried out by the state transportation commission; and

WHEREAS, a citizens advisory committee was created by Section 9a of Act No. 234 of the Public Acts of 1987, being Section 247.659a of the Michigan Compiled Laws; and

WHEREAS, the functions, duties and responsibilities assigned to the citizens advisory committee can be more effectively organized and carried out by the Director of the Department of Transportation; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

1. All the statutory authority, powers, duties, functions and responsibilities of the transportation needs study committee, as set forth in Section 247.659a of the Michigan Compiled Laws, are hereby transferred to the state transportation commission, by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Director of the Department of Transportation shall provide executive direction and supervision for the implementation of the transfer. The assigned functions shall be administered by the state transportation commission.

3. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the transportation needs study committee are hereby transferred to the state transportation commission.

4. All the statutory authority, powers, duties, functions and responsibilities of the citizens advisory committee, as set forth in Section 247.659a of the Michigan Compiled Laws, are hereby transferred to the Director to the Department of Transportation, by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

5. The Director of the Department of Transportation shall provide executive direction and supervision for the implementation of the transfer. The assigned functions shall be administered by the Director of the Department of Transportation.

6. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the citizens advisory committee are hereby transferred to the Director of the Department of Transportation.

7. The Director of the Department of Transportation shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

8. The Director of the Department of Transportation shall immediately initiate coordination to facilitate the transfers and develop a memorandum of record identifying any pending business before the transportation needs study committee and the citizens advisory committee.

9. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

10. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

11. The transportation needs study committee and the citizens advisory committee are hereby abolished.

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

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of April, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

Communications from State Officers

The following communication from the Department of Civil Service was received and read:

March 20, 1997

Enclosed is the Appropriation/Fiscal Analysis Report for the Department of Civil Service for fiscal year 1995-96.

This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Sincerely,

John F. Lopez

State Personnel Director

The communication was referred to the Clerk.

The following communications from the Auditor General were received and read:

March 18, 1997

Enclosed is a copy of the financial statements, together with Auditors' Report, for the Bureau of State Lottery for the year ended September 30, 1996.

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.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

March 25, 1997

Enclosed is a copy of the Michigan Legislature's audited Schedule of the Sources and Dispositions of General Fund Authorizations with Supplemental Schedules for the two-year period ended September 30, 1996. This audit was performed by the public accounting firm, Plante & Moran, LLP, under a contract with my office.

This report includes independent auditor's report letters on the financial schedule, internal control structure, and compliance with laws and regulations of the Michigan Legislature.

The Independent Auditor's Report letter on the financial schedule contains a clean opinion on the financial schedule with the exception that the schedule does not include the Library of Michigan. The Library of Michigan was excluded from this schedule because it is audited separately by my office under provisions of the Federal Single Audit Act.

The Report Letter on Internal Control Structure reports that the auditors noted no matters involving the internal control structure and its operation considered by the auditors to be a material weakness.

The Report Letter on Compliance with Laws and Regulations reports that with respect to the items tested, nothing came to the auditor's attention that caused the auditor to believe that the Michigan Legislature had not complied, in all material respects, with those provisions of laws, regulations, and contracts tested for.

Also enclosed is a copy of the management letter. If you have any questions regarding this report, please call me.

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 communication from the Department of Management and Budget was received and read:

March 25, 1997

Pursuant to section 38(1) of Act No. 240 of the Public Acts of 1943, there is hereby submitted to the legislature the actuarial valuation for the State Employees' Retirement System for the fiscal year ended September 30, 1996. This transmittal conforms to the requirement of section 38(1).

Sincerely,

Mark A. Murray

Director

The communication was referred to the Clerk.

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

March 25, 1997

Notices of Filing

Administrative Rules

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:47 a.m. this date, administrative rule (97-3-1) for the Department of Education, State Board of Education, entitled "Special Education Programs and Services", effective 15 days hereafter.

March 28, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:00 a.m. this date, administrative rule (97-3-2E) for the Family Independence Agency, Family Services Administration, entitled "Family Independence Program Emergency Rules", effective immediately.

March 28, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:02 a.m. this date, administrative rule (97-3-3E) for the Family Independence Agency, Family Services Administration, entitled "Food Stamp Program Emergency Rules", effective immediately.

March 28, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:04 a.m. this date, administrative rule (97-3-4E) for the Family Independence Agency, Family Services Administration, entitled "Employment and Training Program Emergency Rules", effective immediately.

March 28, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:06 a.m. this date, administrative rule (97-3-5E) for the Family Independence Agency, Family Services Administration, entitled "Child Day-Care Program Emergency Rules", effective immediately.

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 Department of State Police was received and read:

April 1, 1997

Enclosed is a copy of the FY96 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.

This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor's Office, Clerk of the House, Secretary of the Senate, Chair of the House of Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs Association, and the Deputy Sheriffs Association of Michigan.

Should you have any questions about this report, please contact me at (517) 334-5301.

Sincerely,

BETTY J. MERCER

Division Director

Office of Highway Safety Planning

The communication was referred to the Clerk.

The following communication from the Livingston Jobs Center was received and read:

April 1, 1997

Enclosed are the summaries of the PY 1997 and 1998 JTPA Titles IIA, IIB, IIC, and III Local Biennial Job Training Plans for the Livingston County Michigan Works! Agency (MWA).

These summaries are being forwarded in accordance with the provisions of the Job Training Partnership Act requiring that a copy of the plan, or plan summary be submitted to the appropriate persons in the State Legislature.

The summaries identify the proposed activities, budget and planned number to be served. Copies of the complete plans are available for review and may be requested.

In accordance with the Americans with Disabilities Act (ADA) of 1990 (Public Law 101-336), the final plan summaries will be available in large print or audio tape upon request.

You are invited to submit comments of the plan summaries to:

Livingston County Job Training Services

828 East Grand River Avenue

Howell, MI 48843

Sincerely,

William S Sleight

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Baird, Wallace, Cherry, Mans, Profit, Dobronski, Wetters, McBryde, Johnson, Gire, McManus, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony, Hale and Gilmer introduced

House Bill No. 4542, entitled

A bill to require certain institutions of higher education to establish and implement a campus sexual assault information policy; to encourage those institutions of higher education to adopt certain procedures; and for related purposes.

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

Reps. Baird, Wallace, Cherry, Mans, Dobronski, Wetters, Profit, McBryde, Johnson, McManus, Gire, Gilmer, Anthony, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater and Hale introduced

House Bill No. 4543, entitled

A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending sections 2 and 4a (MCL 390.1152 and 390.1154a), section 2 as amended by 1987 PA 206 and section 4 as added by 1989 PA 96.

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

Reps. Cherry, Wallace, Baird, Mans, Dobronski, Wetters, Profit, McBryde, Johnson, McManus, Gire, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony, Hale and Gilmer introduced

House Bill No. 4544, entitled

A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 7 (MCL 390.977), as amended by 1980 PA 500.

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

Reps. McBryde, Wallace, Baird, Cherry, Mans, Profit, Dobronski, Wetters, Johnson, Gilmer, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater and Hale introduced

House Bill No. 4545, entitled

A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1373).

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

Reps. Gagliardi, Wallace, Baird, Cherry, Mans, Profit, Dobronski, Wetters, Johnson, McBryde, Gilmer, Gire, Gubow, Martinez, Freeman, Prusi, Wojno, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony and Hale introduced

House Bill No. 4546, entitled

A bill to amend 1960 PA 77, entitled "An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students' loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority," by amending section 7 (MCL 390.957), as amended by 1990 PA 117.

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

Reps. LaForge, Wallace, Baird, Cherry, Mans, Profit, Dobronski, Wetters, McBryde, Johnson, McManus, Gire, Gubow, Martinez, Freeman, Prusi, Wojno, Bogardus, DeHart, Goschka, Scott, Varga, Willard, Brater, Anthony, Hale and Gilmer introduced

House Bill No. 4547, entitled

A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 2 (MCL 390.1272), as amended by 1980 PA 502.

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

Reps. Hanley, Wallace, Baird, Cherry, Mans, Profit, Dobronski, Wetters, Johnson, McBryde, Gilmer, Gire, Martinez, Freeman, Gubow, Prusi, Wojno, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony and Hale introduced

House Bill No. 4548, entitled

A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1403).

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

Reps. Schroer, Wallace, Baird, Cherry, Profit, Mans, Dobronski, Wetters, McBryde, Johnson, McManus, Gire, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony, Hale and Gilmer introduced

House Bill No. 4549, entitled

A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 3 (MCL 390.1323).

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

Reps. Martinez, Wallace, Baird, Cherry, Mans, Dobronski, Wetters, McBryde, Johnson, McManus, Gire, Gilmer, Gubow, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, Brater, LaForge, Willard, Anthony and Hale introduced

House Bill No. 4550, entitled

A bill to amend 1974 PA 75, entitled "An act to provide for payment to approved independent nonprofit institutions of higher education, located within the state, for all earned degrees conferred upon Michigan residents; and to provide for appropriations," by amending section 2 (MCL 390.1022), as amended by 1984 PA 9.

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

Reps. Murphy, Wallace, Baird, Cherry, Profit, Mans, Dobronski, Wetters, Johnson, McBryde, Gilmer, Martinez, Freeman, Gubow, Prusi, Wojno, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony and Hale introduced

House Bill No. 4551, entitled

A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283).

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

Reps. Brewer, Freeman, Baird, Mans, Profit, Dobronski, Wetters, McBryde, Johnson, McManus, Gire, Gubow, Martinez, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony, Hale and Gilmer introduced

House Bill No. 4552, entitled

A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 1 (MCL 390.991), as amended by 1980 PA 503.

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

Reps. Johnson, Wallace, Baird, Cherry, Profit, Mans, Dobronski, Wetters, McBryde, Gilmer, Gubow, Martinez, Freeman, Wojno, Prusi, Bogardus, DeHart, Goschka, Scott, Varga, LaForge, Willard, Brater, Anthony and Hale introduced

House Bill No. 4553, entitled

A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 1980 PA 386.

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

Reps. Baird, Wallace, Anthony, Martinez, DeHart, Schroer, Hale, Schauer, Brater and Green introduced

House Bill No. 4554, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 3 (MCL 28.243), as amended by 1989 PA 97.

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

Reps. Cropsey and Harder introduced

House Bill No. 4555, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 10 and 71a (MCL 559.110 and 559.171a), section 10 as amended by 1982 PA 538 and section 71a as added by 1983 PA 113.

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

Reps. Callahan, Tesanovich, Prusi, Hale, Anthony, Harder, Curtis, Lowe, Gagliardi, Goschka, Mans, Jaye and McManus introduced

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

Reps. Brewer, Brown and Parks introduced

House Bill No. 4557, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 5830.

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

Reps. Brater, Freeman, LaForge, Kaza, Martinez, Schauer, Hanley, Varga, Bogardus, Brewer, Baird, DeHart, Schroer, Mans, Gubow, Jellema, Cherry, Gire, Bobier, Willard, Hale, Parks, Scott, Emerson, Rison, Thomas, Curtis and Dobronski introduced

House Bill No. 4558, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 503b.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Brater, Freeman, Kaza, LaForge, Varga, Martinez, Schauer, Hanley, Bogardus, Brewer, Baird, DeHart, Schroer, Mans, Gubow, Jellema, Cherry, Willard, Gire, Ciaramitaro, Hale, Parks, Scott, Emerson, Rison, Thomas, Curtis and Dobronski introduced

House Bill No. 4559, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 6.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Brater, Freeman, LaForge, Kaza, Schauer, Varga, Hanley, Brewer, Baird, DeHart, Schroer, Mans, Cherry, Bobier, Willard, Gire, Hale, Parks, Scott, Emerson, Rison, Thomas, Curtis and Dobronski introduced

House Bill No. 4560, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20107 (MCL 324.20107), as amended by 1995 PA 71, and by adding sections 3108a and 5503a.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Brown, Gire, Varga, Mans, Palamara, Parks, Richner, Hanley, Callahan, Schermesser, Willard, Goschka, Kelly, Bogardus, Rison, Quarles, Griffin, Brewer, Hale, Harder, Curtis, Dobronski, Olshove, Baird, DeHart, Law, Gagliardi, Murphy, Wojno and Price introduced

House Bill No. 4561, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

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

Rep. Scranton introduced

House Bill No. 4562, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding sections 502 and 602.

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

Reps. McNutt, Cherry, Goschka, Hammerstrom and Voorhees introduced

House Bill No. 4563, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456.

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

Reps. McNutt, Hammerstrom and Voorhees introduced

House Bill No. 4564, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287, and by adding section 520a.

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

Rep. Profit introduced

House Bill No. 4565, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9f.

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

Reps. Llewellyn, Hammerstrom, Kaza and Johnson introduced

House Bill No. 4566, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 301 (MCL 450.2301) and by adding section 301a.

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

Reps. McManus, Horton, Goschka, Green, Cropsey, Whyman, Gernaat, Rocca, Jansen, Walberg, Oxender, Raczkowski, Dobb, McBryde, Richner and Perricone introduced

House Bill No. 4567, entitled

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

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

Rep. Varga introduced

House Bill No. 4568, entitled

A bill to amend 1965 PA 233, entitled "An act to regulate the production, transportation, handling, processing, delivery, and sale of grade A milk and milk products; to define grade A milk and milk products and to establish standards and requirements for grade A milk and milk products; to provide for licenses and producer permits and revocation of licenses and producer permits; to impose certain fees; to require certain security arrangements of milk plants to ensure the prompt payment of producers; to prescribe the powers and duties of certain state departments and officers; to provide for certain milk containers and set standards for certain milk containers; to provide for uniform standards and uniform inspection; to provide for certain remedies and penalties; to provide for the transfer of personnel and the rights of transferred personnel; and to repeal certain acts and parts of acts," (MCL 288.21 to 288.29a) by amending the title, as amended by 1993 PA 5, and by adding section 1b.

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

Rep. Varga introduced

House Bill No. 4569, entitled

A bill to amend 1913 PA 222, entitled "Manufacturing milk act," (MCL 288.101 to 288.117) by adding section 2g.

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

Rep. Varga introduced

House Bill No. 4570, entitled

A bill to amend 1955 PA 211, entitled "An act to define butter; to provide for grades of butter; to provide for grade labeling of butter; to provide for grading of butter by licensed graders; and to provide penalties for violations of the provisions of this act," by amending the title and sections 1 and 2 (MCL 288.211 and 288.212).

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

Rep. Varga introduced

House Bill No. 4571, entitled

A bill to amend 1923 PA 30, entitled "An act to define cheese and to regulate the manufacture and sale of same within the limits of the state of Michigan; to provide for labeling and to prescribe a penalty," (MCL 288.281 to 288.284) by adding section 1a.

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

Rep. Varga introduced

House Bill No. 4572, entitled

A bill to amend 1968 PA 298, entitled "Frozen desserts act of 1968," by amending the title and section 2 (MCL 288.322), section 2 as amended by 1982 PA 323, and by adding section 4a.

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

Reps. Gagliardi, McBryde, Brater, Baade, Martinez, Schauer, Brewer, Hale, Baird, DeHart, Prusi, Cherry, Leland, Mans, Gire, Raczkowski, Byl, Richner, Vaughn, Hanley and Perricone introduced

House Bill No. 4573, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.

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

Reps. Hanley, Dobb, Harder, Schermesser, Goschka, Callahan, Tesanovich, Prusi, Kelly, Parks and Anthony introduced

House Bill No. 4574, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.

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

Reps. Hanley, Dobb, Schermesser, Harder, Callahan, Goschka, Cherry, Tesanovich, DeHart, Prusi, Kelly, Bogardus, Schauer, Mans, Parks, Willard, Brater and McBryde introduced

House Bill No. 4575, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 520n.

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

Reps. Hanley, Prusi, Profit, Hale, Kaza, Cherry, Callahan, Geiger and Goschka introduced

House Bill No. 4576, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 303 (MCL 257.303), as amended by 1996 PA 587.

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

Reps. Lowe, Bodem, Cropsey, Gilmer, Cherry, DeVuyst, Oxender, Goschka, McBryde, Brackenridge, Horton, Nye, Jellema, Perricone and Voorhees introduced

House Bill No. 4577, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1995 PA 93.

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

Reps. Lowe, Voorhees, Bodem, Cropsey, Gilmer, Cherry, DeVuyst, Oxender, Goschka, McBryde, Brackenridge, Horton, Nye, Jellema and Perricone introduced

House Bill No. 4578, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1995 PA 92.

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

Reps. Lowe, Gernaat, McBryde, Cropsey, Brackenridge, Hammerstrom, Gire, Richner, DeVuyst, Goschka, Horton, Nye, Geiger, Jellema and Perricone introduced

House Bill No. 4579, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as added by 1995 PA 58.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Rep. Profit introduced

House Bill No. 4580, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," (MCL 450.2101 to 450.3192) by adding section 301a.

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

Rep. Brackenridge introduced

House Bill No. 4581, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending sections 4, 5, 6, 8, 11, 20, and 22 (MCL 328.214, 328.215, 328.216, 328.218, 328.221, 328.230, and 328.232).

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

Reps. Gire, Law, Freeman, DeHart, Brown, Crissman and Cropsey introduced

House Bill No. 4582, entitled

A bill to prescribe the powers and duties of certain state and local officials relating to the regulation of certain prizes and sweepstakes.

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

Reps. Law, Freeman, Gire, DeHart, Brown, Crissman and Cropsey introduced

House Bill No. 4583, entitled

A bill to prohibit the payment of money or other consideration as a condition of awarding a prize under certain circumstances; to prescribe the disclosure of certain information to certain persons; and to prescribe penalties and provide remedies.

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

Rep. Brackenridge introduced

House Bill No. 4584, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 29 (MCL 421.29), as amended by 1995 PA 25.

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

Reps. Hanley, Mans, Hale, Wojno, Scott, Schermesser, LaForge, Kilpatrick, Schauer and Thomas introduced

House Bill No. 4585, entitled

A bill to amend 1968 PA 317, entitled "An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts," by amending section 3 (MCL 15.323), as amended by 1984 PA 184; and to repeal acts and parts of acts.

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

Rep. Griffin introduced

House Joint Resolution Q, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article VI and sections 3 and 5 of article VIII, to provide for the appointment of certain currently elected officials.

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

______

Rep. Kukuk moved that the House adjourn.

The motion prevailed, the time being 4:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 9, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.