No. 29
JOURNAL OF THE HOUSE
House Chamber, Lansing, Tuesday, April 15, 1997.
2:00 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--e/d/s
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jaye--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--excused
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
The Rev. Delano Bowman, Pastor, Bethel A.M.E. Church, Saginaw, and the uncle of Rep. Derrick Hale, offered the following invocation:
"God of our weary years, God of our silent tears, Thou who has granted unto this nation the democratic idea by which our destiny may be fashioned. We thank Thee that Thou has blessed our land to survive the infectious climate of confusion and uncertainty, helplessness and irresponsibility by preserving among us enlightened and concerned citizens who cherish their heritage and who have purpose in their hearts to extend it.
We thank Thee for like-minded leaders whom Thou has raised up to guide our Republic. Now, we pray that Thou would grant those whom we have entrusted with the authority of our government to be responsible, wise, courageous, and strong and to guide us--the people--to expect of them and to support them in all wise legislation and in a faithful administration. May we all prosper under equal law. Defend our liberties, God, and grant us a sense of our responsibility. Allow us to achieve unity of purpose among us and grant unto us a victory of faith and the ideals to which we are committed as a nation. Strengthen us with honor and grant us peace. Provide us, O God, with the strengthand spiritual substance for performance with might--a task with which our common life yet confronts us. Amen."
______
Rep. Dobronski moved that Rep. Mans be excused from today's session.
The motion prevailed.
Notices
April 15, 1997
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 25.
A concurrent resolution to disapprove Executive Order 1997-2 on executive reorganization.
(For text of resolution, see House Journal No. 23, p. 412.)
(For amendment, see House Journal No. 27, p. 519.)
(The concurrent resolution was reported by the Committee on Appropriations on April 9, with amendment, consideration of which was postponed until April 10 under the rules.)
The question being on the adoption of the proposed amendment recommended by the Committee,
The amendment was adopted.
The question being on the adoption of the concurrent resolution,
Rep. Mathieu demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the concurrent resolution,
After debate,
Rep. Griffin demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 159 Yeas--61
Agee Frank LaForge Rison
Alley Freeman Leland Schauer
Anthony Gagliardi Martinez Schermesser
Baade Gire Mathieu Schroer
Baird Goschka Middaugh Scott
Bogardus Griffin Murphy Stallworth
Brater Gubow Olshove Tesanovich
Brewer Hale Owen Thomas
Brown Hanley Palamara Varga
Callahan Harder Parks Vaughn
Cherry Hertel Price Wallace
Ciaramitaro Hood Profit Wetters
Curtis Jaye Prusi Whyman
DeHart Kelly Quarles Willard
Dobronski Kilpatrick Rhead Wojno
Emerson
Nays--44
Bankes Fitzgerald Johnson Middleton
Birkholz Galloway Kaza Nye
Bobier Geiger Kukuk Oxender
Bodem Gernaat Law Perricone
Brackenridge Godchaux LeTarte Raczkowski
Byl Green Llewellyn Richner
Cassis Gustafson London Rocca
Crissman Hammerstrom Lowe Scranton
Cropsey Horton McBryde Sikkema
Dalman Jansen McManus Voorhees
DeVuyst Jellema McNutt Walberg
In The Chair: Hertel
Third Reading of Bills
House Bill No. 4386, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 160 Yeas--105
Agee Emerson Johnson Price
Alley Fitzgerald Kaza Profit
Anthony Frank Kelly Prusi
Baade Freeman Kilpatrick Quarles
Baird Gagliardi Kukuk Raczkowski
Bankes Galloway LaForge Rhead
Birkholz Geiger Law Richner
Bobier Gernaat Leland Rison
Bodem Gire LeTarte Rocca
Bogardus Godchaux Llewellyn Schauer
Brackenridge Goschka London Schermesser
Brater Green Lowe Schroer
Brewer Griffin Martinez Scott
Brown Gubow Mathieu Scranton
Byl Gustafson McBryde Sikkema
Callahan Hale McManus Stallworth
Cassis Hammerstrom McNutt Tesanovich
Cherry Hanley Middaugh Thomas
Ciaramitaro Harder Middleton Varga
Crissman Hertel Murphy Vaughn
Cropsey Hood Nye Walberg
Curtis Horton Olshove Wallace
Dalman Jansen Oxender Wetters
DeHart Jaye Palamara Whyman
DeVuyst Jelinek Parks Willard
Dobb Jellema Perricone Wojno
Dobronski
Nays--1
Voorhees
In The Chair: Hertel
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 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 sections 3 and 8 (MCL 15.323 and 15.328), section 3 as amended by 1984 PA 184.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 161 Yeas--81
Agee Dobb Kaza Prusi
Alley Dobronski Kelly Quarles
Anthony Emerson Kilpatrick Raczkowski
Baade Frank LaForge Richner
Baird Freeman Law Rison
Bankes Gagliardi Leland Rocca
Birkholz Galloway LeTarte Schauer
Bobier Gire Martinez Schermesser
Bodem Godchaux Mathieu Schroer
Bogardus Griffin McBryde Scott
Brackenridge Gubow McManus Scranton
Brater Gustafson McNutt Stallworth
Brewer Hale Middaugh Tesanovich
Brown Hammerstrom Murphy Thomas
Callahan Hanley Olshove Varga
Cassis Harder Oxender Vaughn
Cherry Hertel Palamara Wallace
Ciaramitaro Hood Parks Wetters
Crissman Jelinek Price Willard
Curtis Johnson Profit Wojno
DeHart
Nays--26
Byl Goschka Llewellyn Perricone
Cropsey Green London Rhead
Dalman Horton Lowe Sikkema
DeVuyst Jansen Middleton Voorhees
Fitzgerald Jaye Nye Walberg
Geiger Jellema Owen Whyman
Gernaat Kukuk
In The Chair: Hertel
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.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas--105
Agee Fitzgerald Kaza Profit
Alley Frank Kelly Prusi
Anthony Freeman Kilpatrick Quarles
Baird Gagliardi Kukuk Raczkowski
Bankes Galloway LaForge Rhead
Birkholz Geiger Law Richner
Bobier Gernaat Leland Rison
Bodem Gire LeTarte Rocca
Bogardus Godchaux Llewellyn Schauer
Brackenridge Goschka London Schermesser
Brater Green Lowe Schroer
Brewer Griffin Martinez Scott
Brown Gubow Mathieu Scranton
Byl Gustafson McBryde Sikkema
Callahan Hale McManus Stallworth
Cassis Hammerstrom McNutt Tesanovich
Cherry Hanley Middaugh Thomas
Ciaramitaro Harder Middleton Varga
Crissman Hertel Murphy Vaughn
Cropsey Hood Nye Voorhees
Curtis Horton Olshove Walberg
Dalman Jansen Owen Wallace
DeHart Jaye Oxender Wetters
DeVuyst Jelinek Palamara Whyman
Dobb Jellema Perricone Willard
Dobronski Johnson Price Wojno
Emerson
Nays--0
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4066, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by amending the title, as amended by 1995 PA 289, and by adding part 28a; and to repeal acts and parts of acts.
(The bill was read a second time and postponed for the day on April 10, see House Journal No. 28, p. 527.)
The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Dalman moved to amend the bill as follows:
1. Amend page 3, line 3, after "(2)" by inserting "SUBJECT TO SUBSECTION (8),".
2. Amend page 4, following line 26, by inserting:
"(8) A PERSON WHO IS A LOBBYIST OR LOBBYIST AGENT, AS DEFINED UNDER 1978 PA 472, MCL 4.411 TO 4.431, IS INELIGIBLE TO BE APPOINTED TO OR TO SERVE ON THE COUNCIL.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 2, following line 13, by inserting:
"SEC. 1290. (1) IF A CHILD IS ENROLLED IN A NONPUBLIC SCHOOL OR IS BEING HOME SCHOOLED AND IF THE NONPUBLIC SCHOOL OR HOME SCHOOL DOES NOT OFFER A PARTICULAR INTERSCHOLASTIC ATHLETIC TEAM OR PROGRAM, OR A PARTICULAR VOCAL OR INSTRUMENTAL MUSIC PROGRAM, THAT IS OFFERED BY A SCHOOL OF THE SCHOOL DISTRICT IN WHICH THE CHILD RESIDES, THEN THAT SCHOOL DISTRICT SHALL ALLOW THE CHILD TO PARTICIPATE IN THAT INTERSCHOLASTIC ATHLETIC TEAM OR PROGRAM OR VOCAL OR INSTRUMENTAL MUSIC PROGRAM ON THE SAME BASIS AS PUPILS OF THE SCHOOL DISTRICT SCHOOL.
(2) A SCHOOL DISTRICT SHALL NOT BELONG TO, OR PERMIT A SCHOOL OPERATED BY THE SCHOOL DISTRICT TO BELONG TO, AN INTERSCHOLASTIC ATHLETIC ASSOCIATION OR LEAGUE, OR ANY KIND OF INTERSCHOLASTIC MUSICAL ASSOCIATION, THAT HAS A RULE PROHIBITING OR INTERFERING WITH THE ABILITY OF A CHILD WHO RESIDES IN THE SCHOOL DISTRICT TO PARTICIPATE IN AN INTERSCHOLASTIC ATHLETIC TEAM OR PROGRAM OR VOCAL OR INSTRUMENTAL MUSIC PROGRAM AS DESCRIBED IN SUBSECTION (1). THIS SUBSECTION DOES NOT APPLY TO A RULE ESTABLISHING AGE REQUIREMENTS FOR PARTICIPATION.
(3) IF A SCHOOL DISTRICT CHARGES A FEE FOR PUPILS OF THE SCHOOL DISTRICT TO PARTICIPATE IN AN INTERSCHOLASTIC ATHLETIC TEAM OR PROGRAM OR VOCAL OR INSTRUMENTAL MUSIC PROGRAM, THE SCHOOL DISTRICT MAY CHARGE THE SAME FEE TO A CHILD WHO PARTICIPATES IN THE TEAM OR PROGRAM AS DESCRIBED IN SUBSECTION (1).".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
After debate,
Rep. Griffin demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Rep Jaye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas--48
Birkholz Geiger Kaza Raczkowski
Bodem Gernaat Kukuk Rhead
Brater Goschka LaForge Richner
Brewer Green Llewellyn Rocca
Byl Gustafson London Schroer
Cassis Hammerstrom Lowe Scranton
Crissman Harder McBryde Sikkema
Cropsey Hertel McManus Voorhees
Curtis Horton McNutt Walberg
DeVuyst Jansen Middaugh Whyman
Fitzgerald Jaye Nye Willard
Frank Johnson Perricone Wojno
Nays--57
Agee Dobb Jellema Price
Alley Dobronski Kelly Profit
Anthony Emerson Kilpatrick Prusi
Baade Freeman Leland Quarles
Baird Gagliardi LeTarte Rison
Bankes Galloway Martinez Schauer
Bobier Gire Mathieu Schermesser
Bogardus Godchaux Middleton Scott
Brackenridge Griffin Murphy Stallworth
Brown Gubow Olshove Tesanovich
Callahan Hale Owen Thomas
Cherry Hanley Oxender Vaughn
Ciaramitaro Hood Palamara Wallace
Dalman Jelinek Parks Wetters
DeHart
In The Chair: Hertel
Rep. LeTarte moved to amend the bill as follows:
1. Amend page 4, following line 26, following subsection (8), by inserting:
"(9) THIS PART DOES NOT DIMINISH THE RESPONSIBILITY OR AUTHORITY OF ANY ELECTED BOARD.".
The question being on the adoption of the amendment offered by Rep. LeTarte,
Rep. LeTarte demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. LeTarte,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas--107
Agee Emerson Kaza Profit
Alley Fitzgerald Kelly Prusi
Anthony Frank Kilpatrick Quarles
Baade Freeman Kukuk Raczkowski
Baird Gagliardi LaForge Rhead
Bankes Galloway Law Richner
Birkholz Geiger Leland Rison
Bobier Gernaat LeTarte Rocca
Bodem Gire Llewellyn Schauer
Bogardus Godchaux London Schermesser
Brackenridge Goschka Lowe Schroer
Brater Green Martinez Scott
Brewer Griffin Mathieu Scranton
Brown Gubow McBryde Sikkema
Byl Gustafson McManus Stallworth
Callahan Hale McNutt Tesanovich
Cassis Hammerstrom Middaugh Thomas
Cherry Hanley Middleton Varga
Ciaramitaro Harder Murphy Vaughn
Crissman Hertel Nye Voorhees
Cropsey Hood Olshove Walberg
Curtis Horton Owen Wallace
Dalman Jansen Oxender Wetters
DeHart Jaye Palamara Whyman
DeVuyst Jelinek Parks Willard
Dobb Jellema Perricone Wojno
Dobronski Johnson Price
Nays--0
In The Chair: Hertel
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 2, line 10, after "OF" by striking out "MICHIGAN JOBS COMMISSION" and inserting "EDUCATION".
2. Amend page 2, line 21, after "DEPARTMENT" by striking out "OF MICHIGAN JOBS COMMISSION".
3. Amend page 2, line 25, after "BOARD" by striking out the balance of the line through "DEPARTMENT" on line26.
4. Amend page 4, line 21, after "THE" by striking out the balance of the line through "BOARD," on line 22 and inserting "STATE BOARD".
The question being on the adoption of the amendments offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Voorhees,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas--96
Agee Dobronski Kaza Prusi
Anthony Emerson Kelly Raczkowski
Baade Fitzgerald Kilpatrick Rhead
Baird Frank Kukuk Richner
Bankes Freeman LaForge Rison
Birkholz Gagliardi Law Rocca
Bobier Galloway Leland Schauer
Bodem Geiger London Schermesser
Bogardus Gernaat Lowe Schroer
Brackenridge Gire Martinez Scott
Brater Goschka Mathieu Scranton
Brewer Green McBryde Sikkema
Brown Griffin McManus Stallworth
Byl Gubow McNutt Tesanovich
Callahan Hale Middaugh Thomas
Cassis Hammerstrom Middleton Varga
Cherry Hanley Murphy Vaughn
Ciaramitaro Harder Nye Voorhees
Crissman Hertel Olshove Walberg
Cropsey Hood Owen Wallace
Curtis Horton Parks Wetters
DeHart Jansen Perricone Whyman
DeVuyst Jaye Price Willard
Dobb Jelinek Profit Wojno
Nays--8
Dalman Gustafson Johnson Llewellyn
Godchaux Jellema LeTarte Oxender
In The Chair: Hertel
Rep. LaForge moved to amend the bill as follows:
1. Amend page 5, line 2, after "AND" by inserting a comma and "SUBJECT TO SUBSECTION (6),".
2. Amend page 8, following line 10, by inserting:
"(6) BEFORE IMPLEMENTING THE SYSTEM DEVELOPED UNDER SUBSECTION (1), THE COUNCIL SHALL SUBMIT THE PLAN FOR THE SYSTEM TO THE STATE BOARD FOR APPROVAL. THE COUNCIL SHALL NOT IMPLEMENT ANY PART OF THE SYSTEM THAT IS NOT APPROVED BY THE STATE BOARD.".
The question being on the adoption of the amendments offered by Rep. LaForge,
Rep. LaForge demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. LaForge,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas--105
Agee Frank Kelly Profit
Anthony Freeman Kilpatrick Prusi
Baade Gagliardi Kukuk Quarles
Baird Galloway LaForge Raczkowski
Bankes Geiger Law Rhead
Birkholz Gernaat Leland Richner
Bobier Gire LeTarte Rison
Bodem Godchaux Llewellyn Rocca
Bogardus Goschka London Schauer
Brackenridge Green Lowe Schermesser
Brater Griffin Martinez Schroer
Brewer Gubow Mathieu Scott
Brown Gustafson McBryde Scranton
Byl Hale McManus Sikkema
Callahan Hammerstrom McNutt Stallworth
Cassis Hanley Middaugh Tesanovich
Cherry Harder Middleton Thomas
Ciaramitaro Hertel Murphy Varga
Crissman Hood Nye Vaughn
Cropsey Horton Olshove Voorhees
Curtis Jansen Owen Walberg
Dalman Jaye Oxender Wallace
DeHart Jelinek Palamara Wetters
DeVuyst Jellema Parks Whyman
Dobb Johnson Perricone Willard
Dobronski Kaza Price Wojno
Fitzgerald
Nays--0
In The Chair: Hertel
Reps. Cropsey and Wetters moved to amend the bill as follows:
1. Amend page 10, line 26, after "PUPIL" by inserting "WHO IS IN AT LEAST GRADE 11".
2. Amend page 10, following line 27, by inserting:
"SEC. 1656. THIS PART DOES NOT APPLY TO PUPILS WHO ARE NOT IN AT LEAST GRADE 11.".
The question being on the adoption of the amendments offered by Reps. Cropsey and Wetters,
Rep. Wetters demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Cropsey and Wetters,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas--63
Anthony Geiger Llewellyn Raczkowski
Bankes Gernaat London Rhead
Birkholz Goschka Lowe Richner
Bodem Green Mathieu Rocca
Brackenridge Gustafson McBryde Schermesser
Brater Harder McManus Schroer
Brewer Hood Middaugh Scott
Brown Horton Middleton Sikkema
Cassis Jansen Nye Tesanovich
Crissman Jaye Olshove Varga
Cropsey Johnson Owen Vaughn
Curtis Kaza Palamara Voorhees
DeHart Kukuk Parks Wetters
Frank LaForge Perricone Whyman
Freeman Law Prusi Willard
Gagliardi Leland Quarles
Nays--37
Baird Dobronski Jelinek Price
Bobier Fitzgerald Jellema Rison
Bogardus Galloway Kelly Schauer
Byl Gire Kilpatrick Scranton
Callahan Godchaux LeTarte Stallworth
Cherry Gubow Martinez Thomas
Ciaramitaro Hale McNutt Walberg
Dalman Hammerstrom Murphy Wallace
DeVuyst Hanley Oxender Wojno
Dobb
In The Chair: Hertel
Rep. McNutt moved to amend the bill as follows:
1. Amend page 3, line 3, after "OF" by striking out "21" and inserting "23".
2. Amend page 4, following line 2, by inserting:
"(D) THE GOVERNOR SHALL APPOINT 2 PARENTS WHO ARE ADVOCATES FOR THE INTERESTS OF PARENTS OF PUBLIC SCHOOL PUPILS." and relettering the remaining subdivision.
3. Amend page 4, line 11, after "(B)," by striking out "AND (C)" and inserting "(C), AND (D)".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 6, line 24, after "PLAN." by inserting "BEFORE A REGIONAL CAREER PREPARATION PLAN IS IMPLEMENTED WITHIN A SCHOOL DISTRICT, THE BOARD OF THE SCHOOL DISTRICT SHALL APPROVE THE PLAN BY BOARD-ADOPTED RESOLUTION.".
The question being on the adoption of the amendment offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Voorhees,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas--103
Agee Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Galloway Law Rhead
Bankes Geiger Leland Richner
Birkholz Gernaat LeTarte Rison
Bobier Gire Llewellyn Rocca
Bodem Godchaux London Schauer
Bogardus Goschka Lowe Schermesser
Brackenridge Green Martinez Schroer
Brater Gubow Mathieu Scott
Brewer Gustafson McBryde Scranton
Brown Hale McManus Sikkema
Byl Hammerstrom McNutt Stallworth
Callahan Hanley Middaugh Tesanovich
Cassis Harder Middleton Thomas
Cherry Hertel Murphy Varga
Ciaramitaro Hood Nye Vaughn
Crissman Horton Olshove Voorhees
Cropsey Jansen Owen Walberg
Curtis Jaye Oxender Wallace
Dalman Jelinek Palamara Wetters
DeHart Jellema Parks Whyman
DeVuyst Johnson Perricone Willard
Dobb Kaza Price Wojno
Dobronski Kelly Profit
Nays--0
In The Chair: Hertel
Rep. Oxender moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4066, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by amending the title, as amended by 1995 PA 289, and by adding part 28a; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Oxender moved that consideration of the bill be postponed until the next legislative session day.
The motion prevailed.
Second Reading of Bills
House Bill No. 4436, entitled
A bill to co-designate a part of Michigan state highway M-85 as Matt McNeely boulevard; and to prescribe the duties of the state transportation department.
The bill was read a second time.
Rep. Varga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Harder moved that Rep. Leland be excused temporarily from today's session.
The motion prevailed.
Rep. Wallace moved that Rep. Dobronski be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4436, entitled
A bill to co-designate a part of Michigan state highway M-85 as Matt McNeely boulevard; and to prescribe the duties of the state transportation department.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 169 Yeas--98
Agee Dobb Kilpatrick Quarles
Alley Emerson Kukuk Raczkowski
Anthony Fitzgerald LaForge Rhead
Baade Frank Law Richner
Baird Freeman LeTarte Rison
Bankes Gagliardi Llewellyn Rocca
Birkholz Galloway London Schauer
Bobier Geiger Lowe Schermesser
Bodem Gernaat Martinez Schroer
Bogardus Gire Mathieu Scott
Brackenridge Godchaux McBryde Scranton
Brater Green McManus Sikkema
Brewer Griffin Middaugh Stallworth
Brown Gubow Middleton Tesanovich
Byl Hale Murphy Thomas
Callahan Hammerstrom Olshove Varga
Cassis Hanley Owen Vaughn
Cherry Harder Oxender Voorhees
Ciaramitaro Hertel Palamara Walberg
Crissman Hood Parks Wallace
Cropsey Jansen Perricone Wetters
Curtis Jelinek Price Whyman
Dalman Jellema Profit Willard
DeHart Johnson Prusi Wojno
DeVuyst Kelly
Nays--7
Goschka Horton Kaza Nye
Gustafson Jaye McNutt
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Notices
Rep. Jaye moved that the Committee on Tax Policy be discharged from further consideration of House Joint Resolution E.
(For first notice see House Journal No. 28, p. 533.)
The question being on the motion by Rep. Jaye,
Rep. Jaye moved that consideration of the motion be postponed until the next legislative session day.
The motion prevailed.
______
Rep. Gilmer entered the House Chambers.
The Speaker called Acting Speaker DeHart to the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Alley, Baade, Gire, Wetters, Freeman, Kaza, McBryde, Dalman, Baird, Richner, Mans, DeHart, Kelly, Anthony, Green, Brater, Tesanovich, Cherry, Bodem, LaForge, Raczkowski and Bogardus offered the following resolution:
House Resolution No. 31.
A resolution to memorialize the Congress of the United States to enact the McCain-Feingold Bipartisan Campaign Reform Act.
Whereas, In recent years, the dramatic rise in the costs of political campaigns has raised serious concerns across this country. The need to raise staggering amounts of money to run for public office comes with risks to public belief in our system of self-government. When candidates spend millions of dollars on election campaigns, the integrity of the process is threatened. It is now commonplace for congressional campaigns to be so expensive that fund raising becomes, in effect, another full-time job; and
Whereas, The citizens of this country have the right to know that the men and women they elect to office are making policy decisions based on information and beliefs and not financial considerations. Without faith in the system, citizen participation will fall to levels that cannot sustain our democracy; and
Whereas, In the face of growing concerns, the 104th Congress considered, but did not enact, legislation to bring new standards to campaign finance. The McCain-Feingold Bipartisan Campaign Reform Act is under consideration again. It seeks to limit spending in return for free prime-time television, to ban unregulated "soft money," to encourage candidates to raise the majority of campaign money from the candidate's home state, and to minimize the influence of money at the expense of the influence of the people; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the McCain-Feingold Bipartisan Campaign Reform Act; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Ethics.
Reps. Lowe, Llewellyn, Hammerstrom, Whyman, Kaza, Walberg, Cropsey, Green, Horton, McManus, Goschka, McBryde, Dalman, Bodem, Raczkowski, Jaye, Middleton, McNutt, Tesanovich, London, Prusi, Voorhees, Gernaat, Kukuk and Jansen offered the following resolution:
House Resolution No. 32.
A resolution to affirm support of individual property rights in Stupak-Thrall v. United States.
Whereas, Recognition of the rights of property owners is found throughout our legal system. These rights are central to the operation of free enterprise as well as the actions of individual citizens. Under our federal system, states are charged with the responsibility to regulate activities as a power entrusted to them by the United States Constitution; and
Whereas, A recent court case, Stupak-Thrall v. United States, has raised serious questions concerning the ability of the federal government to ignore the rights of states to regulate the uses of privately owned property within a state's borders. In this case, the federal government has exercised control, which has upset the balance of state-federal authority. This has the potential to limit severely Michigan's ability to regulate the activities and monitor the rights of the Michigan residents living adjacent to the 3.5 million acres of federal land within Michigan's borders; and
Whereas, In 1987, with the enactment by Congress of the Michigan Wilderness Act, an area of land that surrounds tracts of privately owned property became part of the Sylvania Wilderness Area. For property owners living on the shores of Crooked Lake in Gogebic County, the United States Forest Service began enforcement of restrictions that took away the rights of the private owners. The Forest Service prohibited certain activities altogether and required permits for other activities. The effect of the restrictions was to abolish many specific property rights for owners; and
Whereas, Pursuit of judicial relief in this matter has proven elusive. Actions in federal court have not reversed Forest Service authority that ignores all riparian rights granted in state law, including fishing and swimming. The result of the United States Supreme Court's actions in declining to review the case is a serious threat to all property rights; now, therefore, be it
Resolved by the House of Representatives, That we affirm support of individual property rights in Stupak-Thrall v. United States; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Forestry and Mineral Rights.
Reps. Mans, Gire, Callahan, Brown, Wojno, Thomas, Schauer, Bogardus, Rison, Quarles, Frank, Agee, Emerson, Parks, Mathieu, Brater, Price, Prusi, Goschka, Baade, DeHart, Kelly, Anthony, Freeman, Green, Tesanovich, Cherry, Bodem, Harder, Wetters, LaForge, Kaza, Kukuk, Raczkowski and Bogardus offered the following concurrent resolution:
House Concurrent Resolution No. 34.
A concurrent resolution to create a special committee to study and make recommendations regarding Michigan's campaign finance laws.
Whereas, Trust and integrity are the cornerstone of democracy. The people must believe that the men and women they elect to represent them will be acting on the basis of information, knowledge, and commitment to the common good of society and fairness. This trust and integrity should not be compromised by financial obligations; and
Whereas, In recent years, dramatic escalations in the costs of campaigns has caused great concern. It has become routine for the costs of certain campaigns to exceed by many times the salary paid for the elective offices. The need for more and more money brings a host of problems and results in people becoming increasingly cynical about elections; and
Whereas, The issue of campaign finance reform is difficult to resolve. Attempts at public financing, controlling levels of certain contributions, and requirements for reporting have proven to be of only limited effectiveness. Any effective solution will have to come from a truly bipartisan effort and discussions outside of the standing committee process; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That there be created a special committee to study and make recommendations regarding Michigan's campaign finance laws. The special committee will consist of eight members, two from each caucus in each house, with the members for each of the respective caucuses selected by the Speaker and by the Minority Leader of the House of Representatives and by the Majority Leader and by the Minority Leader of the Senate. The committee will report its recommendations to the legislature by September 30, 1997.
The concurrent resolution was referred to the Committee on House Oversight and Ethics.
Reps. Lowe, Whyman, Hammerstrom, Llewellyn, Kaza, Walberg, Cropsey, Green, Horton, McManus, Goschka, Gernaat, McBryde, Dalman, Bodem, Raczkowski, Jaye, Middleton, McNutt, Tesanovich, Prusi, London, Voorhees, Kukuk and Jansen offered the following concurrent resolution:
House Concurrent Resolution No. 35.
A concurrent resolution to affirm support of individual property rights in Stupak-Thrall v. United States.
Whereas, Recognition of the rights of property owners is found throughout our legal system. These rights are central to the operation of free enterprise as well as the actions of individual citizens. Under our federal system, states are charged with the responsibility to regulate activities as a power entrusted to them by the United States Constitution; and
Whereas, A recent court case, Stupak-Thrall v. United States, has raised serious questions concerning the ability of the federal government to ignore the rights of states to regulate the uses of privately owned property within a state's borders. In this case, the federal government has exercised control, which has upset the balance of state-federal authority. This has the potential to limit severely Michigan's ability to regulate the activities and monitor the rights of the Michigan residents living adjacent to the 3.5 million acres of federal land within Michigan's borders; and
Whereas, In 1987, with the enactment by Congress of the Michigan Wilderness Act, an area of land that surrounds tracts of privately owned property became part of the Sylvania Wilderness Area. For property owners living on the shores of Crooked Lake in Gogebic County, the United States Forest Service began enforcement of restrictions that took away the rights of the private owners. The Forest Service prohibited certain activities altogether and required permits for other activities. The effect of the restrictions was to abolish many specific property rights for owners; and
Whereas, Pursuit of judicial relief in this matter has proven elusive. Actions in federal court have not reversed Forest Service authority that ignores all riparian rights granted in state law, including fishing and swimming. The result of the United States Supreme Court's actions in declining to review the case is a serious threat to all property rights; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we affirm support of individual property rights in Stupak-Thrall v. United States; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Forestry and Mineral Rights.
Reports of Standing Committees
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
House Bill No. 4454, entitled
A bill to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4454 To Report Out:
Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Nays: None.
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, April 10, 1997, at 8:30 a.m.,
Present: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Absent: Reps. Anthony, Profit, Scranton,
Excused: Reps. Anthony, Profit, Scranton.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Resolution No. 30.
A resolution to urge the Civil Service Commission to reject the proposed change to Civil Service rules that would exempt from review personal service contracts of less than $500,000.
(For text of resolution, see House Journal No. 27, p. 517.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 30 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno,
Nays: Reps. Richner, Voorhees.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Concurrent Resolution No. 32.
A concurrent resolution to urge the Civil Service Commission to reject the proposed change to Civil Service rules that would exempt from review personal service contracts of less than $500,000.
(For text of resolution, see House Journal No. 27, p. 518.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HCR 32 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno,
Nays: Reps. Perricone, Richner.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
Senate Concurrent Resolution No. 28.
A concurrent resolution to dissolve the K. I. Sawyer Base Conversion Authority.
(For text of resolution, see House Journal No. 26, p. 496.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
SCR 28 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Perricone, Richner, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:
Meeting held on: Monday, April 14, 1997, at 2:00 p.m.,
Present: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Perricone, Richner, Voorhees,
Absent: Reps. Brewer, Goschka,
Excused: Reps. Brewer, Goschka.
The Committee on Human Services and Children, by Rep. LaForge, Chair, reported
Senate Bill No. 33, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 3 and 6a (MCL 722.23 and 722.26a), section 3 as amended by 1993 PA 259 and section 6a as added by 1980 PA 434, and by adding sections 11 and 12.
The committee recommended that the bill be referred to the Committee on Judiciary.
Favorable Roll Call
SB 33 To Report Out:
Yeas: Reps. LaForge, Scott, Gire, London, McManus,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Judiciary.
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 15, 1997, at 9:00 a.m.,
Present: Reps. LaForge, Scott, Bogardus, Gire, Horton, Jaye, London, McManus,
Absent: Rep. Schauer,
Excused: Rep. Schauer.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4403, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4403 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Kilpatrick, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4404, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 33, 35, and 39 (MCL 552.633, 552.635, and 552.639), sections 33 and 35 as amended by 1996 PA 336.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4404 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Kilpatrick, Schauer, Willard, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4474, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending the title and sections 1a, 7, 7b, and 7c (MCL 480.11a, 480.17, 480.17b, and 480.17c), the title and sections 1a and 7 as amended and section 7c as added by 1995 PA 265 and section 7b as amended by 1990 PA 339.
The committee recommended that the bill be referred to the Committee on Transportation.
Favorable Roll Call
HB 4474 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Kilpatrick, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Transportation.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 9:00 a.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,
Absent: Reps. Vaughn, Wojno,
Excused: Reps. Vaughn, Wojno.
The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported
House Bill No. 4501, entitled
A bill to amend 1939 PA 176, entitled "An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act," by amending section 16 (MCL 423.16).
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 20, after "INDIVIDUAL" by striking out "FOR PERFORMING" and inserting "WHO HAS PERFORMED".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4501 To Report Out:
Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser,
Nays: Reps. Byl, Llewellyn, Raczkowski, Rhead.
The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported
House Resolution No. 26.
A resolution to memorialize the Congress of the United States to enact legislation to prohibit the hiring of replacement workers as an alternative to negotiations and settlements of labor disputes.
(For text of resolution, see House Journal No. 21, p. 361.)
With the recommendation that the following amendments be adopted and that the resolution then be adopted.
1. Amend the title, line 2, after "of" by inserting "permanent".
2. Amend the third Whereas clause, line 2, after "Hiring" by inserting "permanent".
3. Amend the first Resolving clause, line 3, after "of" by inserting "permanent".
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 26 To Report Out:
Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser,
Nays: Reps. Byl, Llewellyn, Raczkowski, Rhead.
The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported
House Resolution No. 28.
A resolution to express support for the Detroit newspaper strikers in their attempt to return to work to end the strike and to urge Gannett and Knight-Ridder to accept their unconditional offer to return.
(For text of resolution, see House Journal No. 22, p. 382.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 28 To Report Out:
Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn, Raczkowski, Rhead,
Nays: None.
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 15, 1997, at 9:00 a.m.,
Present: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn, Raczkowski, Rhead.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Dobronski, Chair of the Committee on Local Government, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 9:00 a.m.,
Present: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman,
Absent: Reps. Mans, Hammerstrom,
Excused: Reps. Mans, Hammerstrom.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kilpatrick, Chair of the Committee on Marine Affairs and Port Development, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 12:00 Noon,
Present: Reps. Kilpatrick, Anthony, Olshove, Varga, Schermesser, Kukuk, Bodem, Galloway,
Absent: Rep. Rhead.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 12:30 p.m.,
Present: Reps. Brewer, Brown, Anthony, Baird, Quarles, Kaza, Hammerstrom, Whyman,
Absent: Rep. Walberg,
Excused: Rep. Walberg.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Friday, April 11:
House Bill Nos. 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585
House Joint Resolution Q
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, April 14:
House Bill Nos. 4586 4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, April 15:
House Bill Nos. 4610 4611 4612 4613 4614 4615
Communications from State Officers
The following communication from the West Central Michigan Employment & Training Consortium was received and read:
March 31, 1997
On behalf of the West Central Michigan Workforce Development Board (WDB) and Local Elected Officials (LEO), it is my pleasure to share this initial summary of Job training Plans with you. This summary updates funding expected to be available from the federal Job Training Partnership Act for a range of programs operated in the West Central area.
As you know, local Workforce Development Boards (WDB) and Local Elected Officials (LEO) are working with a variety of partners on the development of an Integrated "No Wrong Door" delivery system to be operated under the statewide Michigan Works! name. Michigan Works! West Central covers the five county area which includes Lake, Mason, Mecosta, Newaygo, and Osceola counties.
All programs will be operated from July 1, 1997 through June 30, 1998, with the exception of the JTPA Title IIB Summer Youth Employment & Training Program with operational dates from when school is out for the summer until September 30, 1997. Work in preparation for this program has already begun.
The Title II activities serve economically disadvantaged youth and adults with a variety of training activities, from basic training, to skill training in a school and training with a private business. Title III activities serve dislocated workers, those who have lost their jobs due to a permanent layoff or the closing of a business.
As part of the ongoing development of the Michigan Works! system, Request for Proposals (RFP) have been issued soliciting bidders for these programs and activities. The WDB/LEO have determined all adult activities will be operated together, and all youth activities will be operated together on not less than a county basis. This will keep services unified in operation and easily identified by job seeking and employer customers of the system in each county.
If you wish to make comments, or desire additional information on the planned activities, please contact Michigan Works! West Central at (616) 796-4891.
Thank you for your continued interest and support of Job Training activities in this area.
Paul J. Griffith
Executive Director
The communication was referred to the Clerk.
The following communication from the Oakland County Employment and Training Division was received and read:
April 7, 1997
In accordance with Section 105(a)(1) of the Job Training Partnership Act (JTPA), the Balance of Oakland County Michigan Works! Agency's Workforce Development Board and Chief Elected Official are submitting for your review and comment the enclosed summaries of the following documents:
1. the JTPA Title IIA Biennial Job Training Plan, which covers the period of July 1, 1997 through June 30, 1998;
2. the JTPA Title IIC Biennial Job Training Plan, which covers the period of July 1, 1997 through June 30, 1998;
3. the JTPA Title III Biennial Job Training Plan, which covers the period of July 1, 1997 through June 30, 1998;
4. the JTPA Title IIA 5% Job Training Plan, which covers the period of July 1, 1997 through June 30, 1998; and
5. the JTPA Title IIB Job Training Plan, which covers the period of October 1, 1996 through September 30, 1997.
Thank you for your consideration of these summaries. If you have any comments, please address them, in writing, to the following name and address:
Mr. John Almstadt, Manager
Employment and Training Division
1200 N. Telegraph Road, Dept. #437
Pontiac, Michigan 48341-0437.
Sincerely,
John Almstadt, Manager
Employment & Training Division
The communication was referred to the Clerk.
The following communication from the Central Area Partnership Consortium was received and read:
April 9, 1997
The Job Training Partnership Act and the Michigan Jobs Commission require that job training plans and modifications be sent to specific individuals and agencies. These plans are also available to the public in general. To that end, I have enclosed the following documents:
* Title IIA Job Training Plan #97-00
* Title IIA 5% Job Training Plan #97-00
* Title IIB Job Training Plan #97-00
* Title IIC Job Training Plan #97-00
* Title III Job Training Plan #97-00
In accordance with the Americans with Disabilities Act (ADA), this information will be made available in alternative format (large type, audio tape, etc.) upon special request.
Please feel free to direct your questions to Tim Vanaman.
Ralph F. Loeschner
President
The communication was referred to the Clerk.
The following communication from the South Central Michigan Works! was received and read:
April 11, 1997
In accordance with sections 105(a)(1) and (a)(2) of the Job Training Partnership Act (JTPA), enclosed please find South Central Michigan Works! Title IIA, Title IIC and Title III plans for review and comment.
If you have any questions, please contact me at our toll free number 1-888-MI WORKS extension 108. Thank you.
Sincerely,
Scott A. Menzel
Executive Director
The communication was referred to the Clerk.
The following communication from the Thumb Area Employment Training Consortium was received and read:
Pursuant to Job Training Partnership Act (JTPA) Regulations, Section 105(a) (1), (a) (2) of the Act, the Thumb Area- Michigan Works! Agency posts the following for public knowledge:
I. Summary of current JTPA Title IIA Biennial Job Training Plan for Program Year 1997 (07/01/97 to 06/30/98):
Administration $ 100,000
Direct Training 500,000
Training Support 100,000
TOTAL$ 700,000
II. Summary of current Economic Dislocation and Worker Adjustment Assistance Act (EDWAAA) Title III Local Job Training Plan for Program Year 1997 (07/01/97 to 06/30/98):
Administration $ 100,000
Basic Readjustment Services 40,000
Retraining Services 500,000
Supportive Support 60,000
TOTAL$ 700,000
III. Summary of current JTPA Title IIC Job Training Plan for Program Year 1997 (07/01/97 to 06/30/98):
Administration $ 21,458
Direct Training 100,000
Training Support 10,000
TOTAL $ 131,458
IV. Summary of current JTPA Title IIB Job Training Plan for Program Year 1997 (10/01/96 to 09/30/97):
Administration $ 112,753
Direct Training 660,000
Training Support N/A
TOTAL $ 772,753
The plans may be viewed between 9:00a.m. and 4:00p.m. Monday through Friday at:
THUMB AREA - MICHIGAN WORKS!
Employment Training Consortium
Community Alliance
3270 Wilson Street
Marlette, MI 48453.
Should alternative formats of the plan be required (e.g. large print, computer disk, or audio tape) please call (517) 635-3561 at least one week in advance of the need. The facility is accessible to mobility impaired individuals by using the grounds level entrance. Accessible parking is also available.
Copies of complete plans are available by written request.
The communication was referred to the Clerk.
The following communication from the Department of Transportation was received and read:
April 4, 1997
I am pleased to provide the Michigan Department of Transportation's report on transportation accessibility for senior and handicapper citizens for Fiscal Year 1996.
The report is being forwarded to the Legislature for their information pursuant to Section 10e(21) of Act 51 of Public Acts of 1951, as amended.
Sincerely,
Robert A. Welke
Director
The communication was referred to the Clerk.
The following communications from the Auditor General were received and read:
April 11, 1997
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of Schoolcraft College
April 1997
April 11, 1997
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the Single Business Tax Division
Department of Treasury
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.
Introduction of Bills
Reps. Griffin and Perricone introduced
House Bill No. 4616, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27 (MCL 211.27), as amended by 1994 PA 415.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stallworth, Parks and Hale introduced
House Bill No. 4617, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 1995 PA 285.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Stallworth, Bogardus, Schauer, DeHart, Hale and Parks introduced
House Bill No. 4618, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21525.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Gire, Law, Freeman, Hanley, Martinez, Bobier, Bogardus and Dobronski introduced
House Bill No. 4619, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17745 (MCL 333.17745), as amended by 1996 PA 355.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Martinez introduced
House Bill No. 4620, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Schauer, LaForge, Thomas, Rison, Bogardus, Hale, Vaughn, Kilpatrick, Stallworth, Scott, Brater, Price, Parks, Murphy, Martinez, Scranton and Birkholz introduced
House Bill No. 4621, entitled
A bill to make supplemental appropriations for certain departments for the fiscal year ending September 30, 1997; to provide for the expenditure of the appropriations; and to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Bogardus introduced
House Bill No. 4622, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 112f.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Kaza, Perricone, Whyman, Lowe, Cropsey, Raczkowski, Goschka, Jaye, Middaugh, Kukuk, Brewer and Walberg introduced
House Bill No. 4623, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Freeman, Leland, Bogardus, Hale, Schermesser, Wojno, Brown, Cherry, Gubow, Goschka and Schauer introduced
House Bill No. 4624, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21714.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Reps. Freeman, Leland, Bogardus, Hale, Schermesser, Wojno, Brown, Cherry, Gubow, Goschka and Schauer introduced
House Bill No. 4625, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21714a.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Reps. Anthony, Prusi, Martinez, Kelly, Wetters, McManus and Griffin introduced
House Bill No. 4626, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending sections 2aa, 31, and 31b (MCL 436.2aa, 436.31, and 436.31b), as amended by 1996 PA 440.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Brater, Baird, Varga, Hanley, Dobronski, Mans, Martinez, Brewer, Schauer, Murphy, Parks, Freeman, Gubow, Profit, Ciaramitaro and Price introduced
House Bill No. 4627, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding section 85 to chapter VII.
The bill was read a first time by its title and referred to the Committee on Mental Health.
Reps. Brater, Baird, Varga, Dobronski, Mans, Hanley, Martinez, Brewer, Schauer, Murphy, Parks, Freeman, Gubow, Profit, Ciaramitaro and Price introduced
House Bill No. 4628, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 208 (MCL 330.1208), as amended by 1995 PA 290.
The bill was read a first time by its title and referred to the Committee on Mental Health.
Reps. Cropsey, Brewer, Kaza, Hammerstrom, Brackenridge, Hanley, Fitzgerald, Llewellyn, Freeman, Lowe, McBryde, Schroer, Oxender, McManus, Dalman, Goschka, Willard, Raczkowski, Baird, Martinez and Perricone introduced
House Bill No. 4629, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Fitzgerald, Martinez, Freeman, Willard, Gire, Schauer, McBryde, Schroer, Bobier, Dalman, LaForge, Baade, Byl, Gubow, Brater and Jellema introduced
House Bill No. 4630, entitled
A bill to repeal section 14 of 1993 PA 327, entitled "Tobacco products tax act," (MCL 205.434).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Dalman, Nye, McBryde, Cropsey, Jelinek, Curtis, McNutt, Gernaat, Goschka, Horton, Jansen, Olshove, Varga, Kukuk and Gustafson introduced
House Bill No. 4631, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages, for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," by amending sections 3 and 3a (MCL 551.103 and 551.103a), section 3 as amended by 1984 PA 346 and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lowe, Gernaat, McManus, Cropsey, McBryde, Whyman, Goschka, Raczkowski and Perricone introduced
House Bill No. 4632, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 5 (MCL 691.1405).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. LeTarte, Middleton, Middaugh, Hammerstrom, McManus, Rhead, Fitzgerald, Cassis, Brackenridge, McNutt, Gilmer, Geiger, Goschka, Crissman, London, Gernaat, Griffin, Baade, McBryde, Oxender, Jelinek, Walberg, Emerson, Martinez, Prusi, Mans, Schauer, Cherry, Baird, Agee, Gagliardi, Raczkowski, Richner, DeVuyst, Scranton, Sikkema, Dalman, Lowe, Jellema, Godchaux, Galloway, Bobier, Llewellyn, Tesanovich, Perricone and Bodem introduced
House Bill No. 4633, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21106 (MCL 324.21106) and by adding section 21308b and part 216; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Reps. McManus, Goschka, Jelinek, Law, Horton and Gernaat introduced
House Bill No. 4634, entitled
A bill to authorize an award of damages for harm caused by a false or misleading statement of fact relating to a food product.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Reps. Bankes, Brackenridge, Dobb, Hammerstrom, Bodem, Baade, Lowe, McBryde, Martinez, McManus, Dalman, Oxender, Goschka, Bogardus, Richner and Perricone introduced
House Bill No. 4635, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending sections 2 and 3 (MCL 28.292 and 28.293), section 2 as amended by 1996 PA 204.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Middaugh introduced
House Bill No. 4636, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as added by 1995 PA 71.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
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Rep. Callahan moved that the House adjourn.
The motion prevailed, the time being 5:30 p.m.
Acting Speaker DeHart declared the House adjourned until Wednesday, April 16, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.