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.

______

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.