hj03117t.020

No. 20

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, March 11, 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--excused

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--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--excused

Kaza--present

Kelly--present

Kilpatrick--excused

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--excused

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

Mr. Andre Rison, nephew of Rep. Vera Rison, MSU alumnus and wide receiver for the Green Bay Packers, offered the following invocation:

"In God's name, may we all bow our heads and pray.

"Lord, Thank You, for blessing us and giving us one more opportunity to see daylight. In Jesus Christ, Amen."

______

Rep. Dobronski moved that Reps. Kilpatrick and Murphy be granted an excuse from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. Bankes and Johnson be granted an excuse from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 13.

A resolution to urge the United States Environmental Protection Agency to reaffirm certain standards of ozone and particulate levels.

(For text of resolution, see House Journal No. 11, p. 176.)

(The resolution was reported by the Committee on Conservation, Environment and Recreation on February 26, consideration of which was postponed until February 27 under the rules.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Baade, Birkholz, Bobier, Cassis, Cherry, Curtis, Dalman, DeVuyst, Dobb, Dobronski, Emerson, Gagliardi, Gernaat, Gilmer, Green, Gustafson, Hammerstrom, Harder, Horton, Jansen, Jelinek, Jellema, Kukuk, Law, Lowe, McBryde, McManus, Nye, Parks, Raczkowski, Richner, Rocca, Schermesser, Tesanovich, Thomas, Varga, Vaughn, Voorhees, Wallace and Wojno were named co-sponsors of the resolution.

The Speaker laid before the House

House Concurrent Resolution No. 11.

A concurrent resolution to urge the United States Environmental Protection Agency to reaffirm certain standards of ozone and particulate levels.

(For text of resolution, see House Journal No. 11, p. 177.)

(The concurrent resolution was reported by the Committee on Conservation, Environment and Recreation on February 26, consideration of which was postponed until February 27 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4042, entitled

A bill to provide for the deferment of property taxes for certain senior citizens; to provide for a property tax deferment revolving fund; to prescribe certain powers and duties of the department of treasury, county officials, and other local officials; and to provide for certain borrowing by counties.

(The bill was read a second time, substitute (H-4) adopted, amended, amendments offered and postponed temporarily and bill postponed temporarily on March 4, see House Journal No. 17, p. 254.)

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 73 Yeas--50

Birkholz Gernaat Kukuk Oxender

Bobier Gilmer Law Perricone

Bodem Godchaux LeTarte Raczkowski

Brackenridge Goschka Llewellyn Rhead

Byl Green London Richner

Cassis Gustafson Lowe Rocca

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McManus Sikkema

DeVuyst Jansen McNutt Voorhees

Dobb Jaye Middaugh Walberg

Fitzgerald Jelinek Middleton Whyman

Galloway Jellema Nye Willard

Geiger Kaza

Nays--53

Agee Dobronski LaForge Rison

Alley Frank Leland Schauer

Anthony Freeman Mans Schermesser

Baade Gagliardi Martinez Schroer

Baird Gire Mathieu Scott

Bogardus Griffin Olshove Stallworth

Brater Gubow Owen Tesanovich

Brewer Hale Palamara Thomas

Brown Hanley Parks Varga

Callahan Harder Price Vaughn

Cherry Hertel Profit Wallace

Ciaramitaro Hood Prusi Wetters

Curtis Kelly Quarles Wojno

DeHart

In The Chair: Hertel

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

Rep. Cassis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 74 Yeas--101

Agee Fitzgerald Jellema Perricone

Alley Frank Kaza Price

Anthony Freeman Kelly Profit

Baade Gagliardi Kukuk Prusi

Baird Galloway LaForge Quarles

Birkholz Geiger Law Raczkowski

Bobier Gernaat Leland Rhead

Bodem Gilmer LeTarte Richner

Bogardus Gire Llewellyn Rocca

Brackenridge Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brown Green Mans Schroer

Byl Griffin Martinez Scott

Callahan Gubow Mathieu Scranton

Cassis Gustafson McBryde Tesanovich

Cherry Hale McManus Thomas

Ciaramitaro Hammerstrom McNutt Varga

Crissman Hanley Middaugh Vaughn

Cropsey Harder Middleton Voorhees

Curtis Hertel Nye Walberg

Dalman Hood Olshove Wallace

DeHart Horton Owen Wetters

DeVuyst Jansen Oxender Whyman

Dobb Jaye Palamara Willard

Dobronski Jelinek Parks Wojno

Emerson

Nays--0

In The Chair: Hertel

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 75 Yeas--102

Agee Emerson Jellema Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Raczkowski

Baird Gagliardi Law Rhead

Birkholz Galloway Leland Richner

Bobier Geiger LeTarte Rison

Bodem Gernaat Llewellyn Rocca

Bogardus Gilmer London Schauer

Brackenridge Gire Lowe Schermesser

Brater Godchaux Mans Schroer

Brewer Goschka Martinez Scott

Brown Green Mathieu Scranton

Byl Griffin McBryde Sikkema

Callahan Gubow McManus Stallworth

Cassis Gustafson McNutt Tesanovich

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Nye Vaughn

Cropsey Harder Olshove Voorhees

Curtis Hertel Owen Walberg

Dalman Hood Oxender Wallace

DeHart Horton Palamara Wetters

DeVuyst Jansen Parks Whyman

Dobb Jaye Perricone Wojno

Dobronski Jelinek

Nays--1

Willard

In The Chair: Hertel

Rep. Gubow moved to amend the bill as follows:

1. Amend page 12, line 15, after "fund" by inserting "UNTIL THE INITIAL $3,000,000.00 SET FORTH IN SUBSECTION (1) IS REPAID TO THE MICHIGAN VETERANS' TRUST FUND".

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

"(4) AFTER THE INITIAL $3,000,000.00 SET FORTH IN SUBSECTION (1) IS REPAID TO THE MICHIGAN VETERANS' TRUST FUND, THE DEPARTMENT SHALL CREDIT, ON A QUARTERLY BASIS, THE TOTAL AMOUNT RECEIVED TO THE SPECIAL REVOLVING FUND CREATED IN THIS SECTION." and renumbering the remaining subsections.

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

Rep. Profit moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"Sec. 1. As used in this act:

(a) "Department" means the department of treasury.

(B) "EQUITY" MEANS THE DIFFERENCE BETWEEN TWICE THE STATE EQUALIZED VALUATION OF A HOMESTEAD AND ANY OUTSTANDING MORTGAGE, LAND CONTRACT, LIEN, OR OTHER ENCUMBRANCE, INCLUDING A LIEN IMPOSED UNDER THIS ACT.

(C) ~~(b)~~ "Totally and permanently disabled" means a person ~~as defined~~ DESCRIBED in ~~42 U.S.C. section 416~~ SECTION 216(i) OF TITLE II OF THE SOCIAL SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 416.

(D) ~~(c)~~ "Homestead" means a dwelling or a unit in a multiple-unit dwelling, owned and occupied as a home by ~~the~~ AN owner, ~~thereof,~~ including all contiguous unoccupied real property owned by the ~~person~~ OWNER. Homestead includes a dwelling and an outbuilding used in connection with a dwelling, situated on the ~~lands~~ PROPERTY of another.

(E) ~~(d)~~ "Owner" includes a person eligible for the exemption specified in this act, who is purchasing a homestead under a mortgage or land contract, or who owns a dwelling situated on the leased lands of another, or WHO is a tenant-stockholder of a cooperative housing corporation.

(F) ~~(e)~~ "Special assessment" means an assessment against real property calculated on a benefit or ad valorem basis for curb and gutter, sidewalk, sewer, water, or street paving; a drain; a connection fee or similar charge for a sewer or water system; or the land contract on a parcel of property acquired under the circumstances set forth in section 3(2). Special assessment does not include charges for current service.".

2. Amend page 3, line 26, after "act" by inserting a comma and "IF THE EQUITY IN THAT OWNER'S HOMESTEAD IS NOT LESS THAN 25% OF TWICE THE STATE EQUALIZED VALUATION OF THAT HOMESTEAD".

3. Amend page 6, line 1, by striking out all of subsection (5).

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

Rep. Dobb moved to amend the bill as follows:

1. Amend page 7, following line 4, by inserting:

"SEC. 4A. THE APPLICATION PROVIDED FOR IN SECTION 4 SHALL CONTAIN BOTH OF THE FOLLOWING:

(A) A STATEMENT THAT THE OWNER APPLYING FOR THE DEFERMENT HAS PROPERTY AND CASUALTY INSURANCE ON THAT OWNER'S HOMESTEAD IN AN AMOUNT NOT LESS THAN THE AMOUNT OF ALL SPECIAL ASSESSMENTS AND PROPERTY TAXES DEFERRED.

(B) AN ASSIGNMENT TO THE STATE OF THE OWNER'S INTEREST IN THE PROPERTY AND CASUALTY INSURANCE ON THAT OWNER'S HOMESTEAD IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF ALL SPECIAL ASSESSMENTS AND PROPERTY TAXES DEFERRED.".

2. Amend page 8, following line 7, by inserting:

"(C) DETERMINE THAT THE PERSON ON WHOSE BEHALF PROPERTY TAXES ARE DEFERRED HAS PROPERTY AND CASUALTY INSURANCE ON HIS OR HER HOMESTEAD IN AN AMOUNT NOT LESS THAN THE AMOUNT OF ALL SPECIAL ASSESSMENTS AND PROPERTY TAXES DEFERRED AND THAT THE PERSON ON WHOSE BEHALF PROPERTY TAXES ARE DEFERRED HAS ASSIGNED TO THE STATE HIS OR HER INTEREST IN THAT PROPERTY AND CASUALTY INSURANCE IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF ALL SPECIAL ASSESSMENTS AND PROPERTY TAXES DEFERRED.".

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 76 Yeas--103

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Birkholz Geiger Leland Rison

Bobier Gernaat LeTarte Rocca

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Griffin Mathieu Sikkema

Byl Gubow McBryde Stallworth

Callahan Gustafson McManus Tesanovich

Cassis Hale McNutt Thomas

Cherry Hammerstrom Middaugh Varga

Ciaramitaro Hanley Middleton Vaughn

Crissman Harder Nye Voorhees

Cropsey Hertel Olshove Walberg

Curtis Hood Owen Wallace

Dalman Horton Oxender Wetters

DeHart Jansen Palamara Whyman

DeVuyst Jaye Parks Willard

Dobb Jelinek Perricone Wojno

Dobronski Jellema Price

Nays--0

In The Chair: Hertel

Rep. Profit moved to amend the bill as follows:

1. Amend page 5, line 16, after "assessment" by inserting "OR PROPERTY TAXES".

2. Amend page 5, line 20, after "assessment" by inserting "OR PROPERTY TAXES".

3. Amend page 5, line 25, after "deferred" by inserting "PROPERTY TAXES OR".

4. Amend page 6, line 19, after "assessments" by inserting "OR PROPERTY TAXES".

5. Amend page 11, line 9, after "assessment" by inserting "OR PROPERTY TAXES".

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

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

1. Amend page 3, line 20, after "disabled," by inserting "WHO CLAIMS A DEPENDENCY EXEMPTION UNDER SECTION 30(2) OF THE INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.30, FOR A CHILD WHO IS LESS THAN 18 YEARS OLD,".

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 77 Yeas--105

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Raczkowski

Baird Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

Brater Goschka Mans Schroer

Brewer Green Martinez Scott

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Harder Nye Vaughn

Cropsey Hertel Olshove Voorhees

Curtis Hood Owen Walberg

Dalman Horton Oxender Wallace

DeHart Jansen Palamara Wetters

DeVuyst Jaye Parks Whyman

Dobb Jelinek Perricone Willard

Dobronski Jellema Price Wojno

Emerson

Nays--0

In The Chair: Hertel

Rep. Profit 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. 4042, entitled

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

Roll Call No. 78 Yeas--104

Agee Emerson Jellema Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Birkholz Galloway Law Rhead

Bobier Geiger Leland Richner

Bodem Gernaat LeTarte Rison

Bogardus Gilmer Llewellyn Rocca

Brackenridge Gire London Schauer

Brater Godchaux Lowe Schermesser

Brewer Goschka Mans Schroer

Brown Green Martinez Scott

Byl Griffin Mathieu Scranton

Callahan Gubow McBryde Sikkema

Cassis Gustafson McManus Stallworth

Cherry Hale McNutt Tesanovich

Ciaramitaro Hammerstrom Middaugh Thomas

Crissman Hanley Middleton Varga

Cropsey Harder Nye Vaughn

Curtis Hertel Olshove Walberg

Dalman Hood Owen Wallace

DeHart Horton Oxender Wetters

DeVuyst Jansen Palamara Whyman

Dobb Jaye Parks Willard

Dobronski Jelinek Perricone Wojno

Nays--0

In The Chair: Hertel

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1976 PA 225, entitled "An act to defer the collection of special assessments on homestead properties; to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 8a, 9, and 10 (MCL 211.761, 211.762, 211.763, 211.764, 211.765, 211.766, 211.767, 211.768, 211.768a, 211.769, and 211.770), the title and sections 2, 3, 4, and 10 as amended by 1980 PA 403 and section 8a as amended by 1981 PA 59, and by adding section 4a.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, two-thirds of the members serving voting therefor.

Reps. Anthony, Baade, Bodem, Bogardus, Brater, Brewer, Brown, Callahan, Cassis, Cherry, Crissman, DeHart, DeVuyst, Dobb, Dobronski, Frank, Freeman, Gagliardi, Geiger, Gernaat, Goschka, Hale, Hammerstrom, Hanley, Horton, Jaye, Jelinek, Kaza, Kelly, Kukuk, LaForge, Law, Llewellyn, London, Lowe, Mans, Mathieu, McBryde, McManus, Middleton, Olshove, Palamara, Parks, Perricone, Prusi, Raczkowski, Rhead, Richner, Rison, Rocca, Schauer, Schermesser, Scott, Scranton, Stallworth, Tesanovich, Varga, Vaughn, Voorhees, Wallace, Whyman and Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4214, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 520 and 522 (MCL 206.520 and 206.522), section 520 as amended by 1995 PA 245 and section 522 as amended by 1996 PA 55.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Profit 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. 4214, entitled

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

Roll Call No. 79 Yeas--95

Alley Freeman LaForge Raczkowski

Anthony Gagliardi Law Rhead

Baade Galloway Leland Richner

Baird Geiger Llewellyn Rison

Birkholz Gernaat London Rocca

Bodem Gire Lowe Schauer

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Ciaramitaro Hanley Middleton Thomas

Crissman Harder Nye Varga

Cropsey Hertel Olshove Vaughn

Curtis Hood Owen Voorhees

Dalman Horton Oxender Walberg

DeHart Jansen Palamara Wallace

DeVuyst Jaye Parks Wetters

Dobb Jelinek Perricone Whyman

Dobronski Kaza Price Willard

Fitzgerald Kelly Profit Wojno

Frank Kukuk Prusi

Nays--6

Bobier Gilmer Jellema LeTarte

Byl Godchaux

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:

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, two-thirds of the members serving voting therefor.

Reps. Anthony, Bodem, Bogardus, Brown, Callahan, Cassis, Cherry, Crissman, DeHart, DeVuyst, Dobb, Frank, Freeman, Gagliardi, Geiger, Gernaat, Goschka, Hammerstrom, Hanley, Horton, Jaye, Jelinek, Kaza, Kelly, Kukuk, Law, Llewellyn, London, Lowe, McBryde, McManus, Middleton, Olshove, Palamara, Perricone, Raczkowski, Rhead, Richner, Rocca, Schauer, Scott, Scranton, Stallworth, Tesanovich, Varga, Vaughn, Voorhees, Whyman and Wojno were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

Today, I voted 'no' on House Bill 4214 for the following reasons:

The estimated loss of GF/GP revenue is estimated to be $43 to 48 M.

Once again, the sponsors have failed to identify any of the spending cuts to pay for this promised cut.

This tax cut equals 20% of the entire GF/GP increase proposed for the FY '97-98 budget.

To promise a tax cut for senior citizens that is not funded is dishonest."

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

"Mr. Speaker and members of the House:

I have voted 'no' on this legislation because this chamber has failed to address a very important public policy issue in this state. Michigan's transportation and infrastructure funding is inadequate and has resulted in dangerous conditions for Michigan's citizens.

While tax cuts are politically popular and make for good campaign slogans, they do not fix and maintain our roads and highways.

I have supported sensible tax cuts in the past. However, our current transportation system in this state is in an abysmal condition. To vote 'yes' on this or any other tax reduction that comes before this chamber is to ignore the very real plight of our infrastructure and the need for good public policy to preempt good politics.

Therefore, I will be voting 'no' on this legislation until the House addresses the need for adequate transportation funding for Michigan's roads and bridges."

Second Reading of Bills

House Bill No. 4244, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278 (MCL 380.1278), as amended by 1995 PA 289.

The bill was read a second time.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 3, line 22, after "(2)" by inserting "OR ITS OWN MORE RIGOROUS CURRICULUM CONTENT STANDARDS".

2. Amend page 4, line 1, after "STANDARDS" by inserting "OR ITS OWN MORE RIGOROUS CURRICULUM CONTENT STANDARDS".

3. Amend page 4, line 2, after "LEVELS." by inserting "IF THE DEPARTMENT DETERMINES THAT A SCHOOL DISTRICT HAS ADOPTED ITS OWN CURRICULUM CONTENT STANDARDS THAT ARE MORE RIGOROUS THAN THE STATE BOARD RECOMMENDED MODEL CORE ACADEMIC CURRICULUM STANDARDS DEVELOPED UNDER SUBSECTION (2), THE AMOUNT OF THE INCENTIVE PAYMENTS TO THE SCHOOL DISTRICT SHALL BE GREATER THAN THOSE TO A SCHOOL DISTRICT THAT HAS ADOPTED THE STATE BOARD RECOMMENDED MODEL CORE ACADEMIC CURRICULUM CONTENT STANDARDS.".

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

Rep. Agee moved that amendment No. 3 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1 and 2 offered by Rep. Dalman,

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

Roll Call No. 80 Yeas--103

Agee Frank Kelly Prusi

Alley Freeman Kukuk Quarles

Anthony Gagliardi LaForge Raczkowski

Baade Galloway Law Rhead

Baird Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Harder Nye Vaughn

Cropsey Hertel Olshove Voorhees

Curtis Hood Owen Walberg

Dalman Horton Oxender Wallace

DeHart Jansen Palamara Wetters

DeVuyst Jaye Parks Whyman

Dobb Jelinek Perricone Willard

Dobronski Jellema Price Wojno

Fitzgerald Kaza Profit

Nays--0

In The Chair: Hertel

The question being on the adoption of amendment No. 3 offered by Rep. Dalman,

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

Roll Call No. 81 Yeas--46

Birkholz Gernaat Law Oxender

Bobier Gilmer LeTarte Perricone

Bodem Godchaux Llewellyn Raczkowski

Brackenridge Goschka London Rhead

Byl Green Lowe Richner

Cassis Gustafson McBryde Rocca

Crissman Hammerstrom McManus Scranton

Dalman Horton McNutt Sikkema

DeVuyst Jansen Middaugh Voorhees

Dobb Jaye Middleton Walberg

Fitzgerald Jelinek Nye Whyman

Galloway Kukuk

Nays--56

Agee DeHart Kaza Rison

Alley Dobronski Kelly Schauer

Anthony Frank LaForge Schermesser

Baade Freeman Leland Schroer

Baird Gagliardi Mans Scott

Bogardus Gire Martinez Stallworth

Brater Griffin Mathieu Tesanovich

Brewer Gubow Olshove Thomas

Brown Hale Owen Varga

Callahan Hanley Palamara Vaughn

Cherry Harder Parks Wallace

Ciaramitaro Hertel Profit Wetters

Cropsey Hood Prusi Willard

Curtis Jellema Quarles Wojno

In The Chair: Hertel

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

1. Amend page 3, line 20, after "THAT" by inserting "IS DETERMINED BY THE DEPARTMENT TO BE OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105 OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1705, AND THAT".

2. Amend page 3, line 25, after "DISTRICT" by inserting "THAT IS DETERMINED BY THE DEPARTMENT TO BE OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105 OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1705,".

The question being on the adoption of the amendments offered by Reps. Horton and Geiger,

Rep. Horton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Horton and Geiger,

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

Roll Call No. 82 Yeas--46

Birkholz Geiger Kaza Nye

Bobier Gernaat Kukuk Oxender

Bodem Gilmer LeTarte Perricone

Brackenridge Goschka Llewellyn Raczkowski

Byl Green London Rhead

Cassis Gustafson Lowe Rocca

Crissman Hammerstrom McBryde Scranton

Cropsey Horton McManus Sikkema

Dalman Jansen McNutt Voorhees

DeVuyst Jaye Middaugh Walberg

Fitzgerald Jelinek Middleton Whyman

Galloway Jellema

Nays--57

Agee Dobronski Kelly Rison

Alley Emerson LaForge Schauer

Anthony Frank Leland Schermesser

Baade Freeman Mans Schroer

Baird Gagliardi Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Godchaux Olshove Tesanovich

Brewer Griffin Owen Thomas

Brown Gubow Palamara Varga

Callahan Hale Parks Vaughn

Cherry Hanley Price Wallace

Ciaramitaro Harder Prusi Wetters

Curtis Hertel Quarles Willard

DeHart Hood Richner Wojno

Dobb

In The Chair: Hertel

Rep. McNutt moved to amend the bill as follows:

1. Amend page 3, line 22, after "STANDARDS" by inserting "AND THAT HAS SATISFACTORY PARTICIPATION IN THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM".

2. Amend page 4, line 2, after "LEVELS" by inserting "AND THAT AT LEAST 90% OF ITS PUPILS ELIGIBLE TO TAKE THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM TESTS ADMINISTERED IN THE IMMEDIATELY PRECEDING SCHOOL YEAR ACTUALLY COMPLETED THOSE TESTS".

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

Rep. McNutt demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 83 Yeas--47

Birkholz Galloway Jelinek Middleton

Bobier Geiger Jellema Nye

Bodem Gernaat Kaza Oxender

Brackenridge Gilmer Kukuk Perricone

Byl Godchaux Law Raczkowski

Cassis Goschka Llewellyn Rhead

Crissman Green London Richner

Cropsey Gustafson Lowe Rocca

Dalman Hammerstrom McBryde Scranton

DeVuyst Horton McManus Sikkema

Dobb Jansen McNutt Whyman

Fitzgerald Jaye Middaugh

Nays--57

Agee Frank LeTarte Schermesser

Alley Freeman Mans Schroer

Anthony Gagliardi Martinez Scott

Baade Gire Mathieu Stallworth

Baird Griffin Olshove Tesanovich

Bogardus Gubow Owen Thomas

Brater Hale Palamara Varga

Brewer Hanley Parks Vaughn

Brown Harder Price Voorhees

Callahan Hertel Profit Walberg

Cherry Hood Prusi Wallace

Ciaramitaro Kelly Quarles Wetters

Curtis LaForge Rison Willard

DeHart Leland Schauer Wojno

Dobronski

In The Chair: Hertel

Reps. Middleton and Crissman moved to amend the bill as follows:

1. Amend page 4, line 2, after "LEVELS" by inserting "AND THAT THE SCHOOL DISTRICT WILL USE THE MONEY FROM THE INCENTIVE PAYMENT FOR PROFESSIONAL DEVELOPMENT FOR TEACHERS, WHICH MAY INCLUDE PAYMENT TO ASSIST TEACHERS IN PAYING COSTS INCURRED IN OBTAINING CERTIFICATION FROM THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS".

The question being on the adoption of the amendment offered by Reps. Middleton and Crissman,

Rep. Crissman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Middleton and Crissman,

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

Roll Call No. 84 Yeas--97

Agee Dobronski Jellema Price

Alley Fitzgerald Kaza Prusi

Anthony Frank Kelly Raczkowski

Baade Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Birkholz Galloway Law Rocca

Bobier Geiger LeTarte Schauer

Bodem Gernaat Llewellyn Schermesser

Bogardus Gilmer London Schroer

Brackenridge Gire Lowe Scott

Brater Godchaux Mans Scranton

Brewer Goschka Mathieu Sikkema

Brown Green McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Nye Voorhees

Crissman Harder Olshove Walberg

Cropsey Hertel Owen Wallace

Curtis Horton Oxender Wetters

Dalman Jansen Palamara Whyman

DeHart Jaye Parks Willard

DeVuyst Jelinek Perricone Wojno

Dobb

Nays--1

Martinez

In The Chair: Hertel

Rep. Dalman moved to amend the bill as follows:

1. Amend page 1, line 9, after "(2)." by striking out the balance of the page through "(4)." on line 3, of page 2.

2. Amend page 3, line 11, after "objectives." by striking out the balance of the line and inserting "The".

3. Amend page 4, following line 2, by inserting:

"(5) NOT LATER THAN AUGUST 1 OF EACH YEAR, THE DEPARTMENT SHALL PROVIDE TO EACH SCHOOL DISTRICT AND PUBLIC SCHOOL ACADEMY SUFFICIENT COPIES OF THE STATE BOARD MODEL CORE ACADEMIC CURRICULUM CONTENT STANDARDS FOR A COPY TO BE DISTRIBUTED TO EACH CLASSROOM TEACHER AND TO EACH ADMINISTRATOR INVOLVED IN CURRICULUM DEVELOPMENT. A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL NOTIFY THE DEPARTMENT NOT LATER THAN JUNE 1 OF EACH YEAR OF THE NUMBER OF CLASSROOM TEACHERS AND ADMINISTRATORS INVOLVED IN CURRICULUM DEVELOPMENT EXPECTED TO BE EMPLOYED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN THE NEXT SCHOOL YEAR. UPON RECEIPT OF THE COPIES FROM THE DEPARTMENT, A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL DISTRIBUTE A COPY TO EACH CLASSROOM TEACHER AND TO EACH ADMINISTRATOR INVOLVED IN CURRICULUM DEVELOPMENT. THE FUNDING FOR THIS SUBSECTION SHALL BE TAKEN FROM MONEY APPROPRIATED FOR PROFESSIONAL DEVELOPMENT UNDER SECTION 95 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1695, OR A SUCCESSOR SECTION." and renumbering the remaining subsections.

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 85 Yeas--47

Birkholz Galloway Jellema Oxender

Bobier Geiger Kukuk Perricone

Bodem Gernaat LeTarte Raczkowski

Brackenridge Gilmer Llewellyn Rhead

Byl Godchaux London Richner

Cassis Goschka Lowe Rocca

Crissman Green McBryde Scranton

Cropsey Gustafson McManus Sikkema

Dalman Hammerstrom McNutt Voorhees

DeVuyst Horton Middaugh Walberg

Dobb Jansen Middleton Whyman

Fitzgerald Jaye Nye

Nays--54

Agee Frank Leland Schauer

Alley Freeman Mans Schermesser

Anthony Gagliardi Martinez Schroer

Baade Gire Mathieu Scott

Baird Griffin Olshove Stallworth

Bogardus Gubow Owen Tesanovich

Brater Hale Palamara Thomas

Brewer Hanley Parks Varga

Brown Harder Price Vaughn

Callahan Hertel Profit Wallace

Cherry Hood Prusi Wetters

Curtis Kaza Quarles Willard

DeHart Kelly Rison Wojno

Dobronski LaForge

In The Chair: Hertel

Rep. Agee 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. 4244, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278 (MCL 380.1278), as amended by 1995 PA 289.

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

Roll Call No. 86 Yeas--78

Agee Dobb Jelinek Profit

Alley Dobronski Jellema Prusi

Anthony Emerson Kaza Quarles

Baade Fitzgerald Kelly Rison

Baird Frank LaForge Rocca

Birkholz Freeman Law Schauer

Bobier Gagliardi Leland Schermesser

Bodem Galloway LeTarte Schroer

Bogardus Gilmer Mans Scott

Brater Gire Martinez Scranton

Brewer Godchaux Mathieu Stallworth

Brown Goschka Middaugh Tesanovich

Byl Griffin Middleton Thomas

Callahan Gubow Olshove Varga

Cassis Hale Owen Vaughn

Cherry Hammerstrom Oxender Wallace

Ciaramitaro Hanley Palamara Wetters

Crissman Harder Parks Willard

Curtis Hertel Price Wojno

DeHart Hood

Nays--26

Brackenridge Gustafson Lowe Rhead

Cropsey Horton McBryde Richner

Dalman Jansen McNutt Sikkema

DeVuyst Jaye Nye Voorhees

Geiger Kukuk Perricone Walberg

Gernaat Llewellyn Raczkowski Whyman

Green London

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, two-thirds of the members serving voting therefor.

______

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

"Mr. Speaker and members of the House:

This bill's extra $8.5 million in tax dollars should go to road repairs, not higher salaries for teachers and school burecrats. The school teachers are never satisfied with thier salary and benefits. Taxpayer can never give them enough money, even though Michigan spends over $11 billion a year on K-12 schools.

We should not spend a penny more above the current $5,500 state minimum school grant until teacher merit pay, compentency tests for teachers and students and charter schools are adopted. Detroit schools spend almost $8,000 per year per student, yet more than 65% of their students drop out of school and over 85% of Detroit students fail to pass, which is score at least a D-, their academic competency standards.

Throwing money at K-12 education will never improve student performance until the public school monopoly is broken with charter school and vouchers to allow parents to select any public, private or at home school in Michigan."

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

"Mr. Speaker and members of the House:

This bill is to non-descriptive. The Bill would increase state expenditure while not specifying the amount of incentives or how many school districts would participate, therefore this Bill is inately "wrong" for Michigan, its students and taxpayers."

Reps. Rhead and Gernaat, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Rep.'s Rhead and Gernaat voted against final passage for HB 4244 because we feel that curriculum decisions should be made by the locally elected school board and not a state department head.

We also feel that the funding proposal in HB 4244 hurts the school districts in our areas because it goes completely against the concept and current practice of funding equity."

Reps. McBryde, Llewellyn, Cropsey, London, Green and Perricone, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This legislation is discriminatory against the majority of school children in our districts. In the 61st, 81st, 84th, 86th, 99th and 100th districts, the majority of school children have been under the base grant in the process of catching up to the grant. Since there is a finite number of dollars raised by the variety of state taxes that Proposal A earmarked for schools, any incentive pay would proceed from that total pool of dollars.

Since our school children who have been below the grant have been recieving double the increase that those children at the grant have received, an across-the-board incentive will hurt our children.

This is a new categorical which sounds good at first, but it actually SLOWS DOWN the movement toward equity for poor rural schools. Schools districts like Harrison, Farwell, Chippewa Hills, Shepherd, Beal City, Fremont, Big Rapids, Morley-Stanwood, Grant, Ionia, Belding, Portland, and Port Huron as well as others will be harmed by this bill, because the incentive will slow down the progress toward equity we have made under Proposal A."

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

"Mr. Speaker and members of the House:

I voted against House Bill 4244 because the bill will redistribute monies in the school aid formula by giving some districts $5 additional per student. I think it is a dilution of the commitment to equalize the funding for students irrespective of the district they live in.

I believe that some school districts in the 33rd House District that I represent would be adversely affected."

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

"Mr. Speaker and members of the House:

My "no" vote reflects my concern about opening the door to categorical grants which we eliminated in Proposal A except for those required by Federal law. Also, the incentive payment will come from the foundation grant appropriation so that small rural county school districts will receive less and slow down the closing of the appropriations gap we have been working on. Finally, I believe in local control and this pressures local districts to conform whether or not they have the resources to provide all the elements in the model core curriculum. The issue is money and the fight is over the "haves" and the "have nots.""

______

The Speaker called the Associate Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4025, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," (MCL 55.107 to 55.117) by adding section 112a.

The bill was read a second time.

Rep. Ciaramitaro moved that the bill be placed on the order of Third Reading of Bills.

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

House Bill No. 4329, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284 (MCL 380.1284), as amended by 1995 PA 289.

Was read a second time, and 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. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

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

House Bill No. 4093, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 65a (MCL 791.265a), as amended by 1994 PA 217.

The bill was read a second time.

Rep. Curtis moved that the bill be placed on the order of Third Reading of Bills.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Reps. Lowe, Anthony, Baade, Willard, Voorhees, Cropsey, Walberg, Green, Kukuk, McBryde, McManus, Horton, Middleton, Goschka, Gernaat, Raczkowski and Brackenridge offered the following resolution:

House Resolution No. 25.

A resolution to memorialize the Congress of the United States to make changes in the Ready Reserve Mobilization Income Insurance Program.

Whereas, The men and women who served our country in the Persian Gulf War suffered significant economic losses when they were mobilized into active duty from reserve status. Many of these individuals, especially the self-employed, faced great personal difficulties upon their return to civilian life. Some lost businesses, which caused others to lose jobs and wages as well; and

Whereas, In recognition of the economic hardship to reservists called to active duty, the Congress included in the 1996 Defense Authorization Act provisions for the Ready Reserve Mobilization Income Insurance Program (RRMIIP). This initiative allows members of the ready reserve not already on active duty the option of buying insurance to provide coverage for income lost when and if they are called to leave their jobs to serve the country; and

Whereas, Since its establishment, the RRMIIP has been a frustrating experience. The reservists have been faced with confusion in signing up for the coverage. For those administering the program, administrative requirements have created a nightmare of paperwork, especially those mandating verification that those declining the program were indeed offered the opportunity to participate; and

Whereas, A glaring example of the problems with the RRMIIP is the question of when a person can sign up and if coverage can be changed. A sixty-day window for enrollment was opened October 1, 1996. Due to administrative complications, another window for enrollment was opened later. However, reservists from the initial sign-up period were not allowed to enhance their coverage; and

Whereas, It is unfair to prevent those who signed up for coverage during the initial enrollment period the option of increasing coverage when this opportunity is presented to others. This is certainly not the practice when enrollments for insurance are opened for employees in other governmental agencies or institutions. This worthwhile program needs to be improved to better serve our reservists and their families. Failure to provide these needed improvements is an affront to those who have put themselves in peril for our nation, as well as to everyone who values the sacrifices our military reservists make on behalf of every American; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to make changes in the Ready Reserve Mobilization Income Insurance Program; 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 Senior Citizens and Veterans Affairs.

Reps. Lowe, Willard, Baade, Anthony, Voorhees, Cropsey, Walberg, Green, Kukuk, McBryde, McManus, Horton, Middleton, Goschka, Gernaat, Raczkowski and Brackenridge offered the following concurrent resolution:

House Concurrent Resolution No. 21.

A concurrent resolution to memorialize the Congress of the United States to make changes in the Ready Reserve Mobilization Income Insurance Program.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to make changes in the Ready Reserve Mobilization Income Insurance Program; and be it further

The concurrent resolution was referred to the Committee on Senior Citizens and Veterans Affairs.

Reports of Standing Committees

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

House Bill No. 4101, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171).

The committee recommended that the bill be referred to the Committee on Regulatory Affairs.

Favorable Roll Call

HB 4101 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Regulatory Affairs.

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, March 11, 1997, at 9:00 a.m.,

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

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4277, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.

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

1. Amend page 7, line 18, after "DEPOSITION." by inserting "THE PARTIES MAY PROVIDE IN THE ARBITRATION AGREEMENT THAT A RECORD SHALL BE MADE OF THOSE PORTIONS OF A HEARING RELATED TO 1 OR MORE ISSUES SUBJECT TO THE ARBITRATION.".

2. Amend page 7, line 22, after the second "OF" by inserting "PROPOSED".

3. Amend page 8, line 9, after "WITHIN" by striking out "14" and inserting "21".

4. Amend page 8, line 10, after "WITHIN" by striking out "7" and inserting "14".

5. Amend page 8, line 12, after "WITHIN" by striking out "7" and inserting "14".

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

Favorable Roll Call

HB 4277 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Willard, Wojno, Nye, Cropsey, Dalman, McNutt, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 11, 1997, at 9:00 a.m.,

Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Willard, Wojno, Nye, Cropsey, Dalman, Law, McNutt, Richner,

Absent: Reps. Kilpatrick, Fitzgerald,

Excused: Reps. Kilpatrick, Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Resolution No. 10.

A resolution to memorialize the Congress of the United States to preserve Medicaid.

(For text of resolution, see House Journal No. 7, p. 118.)

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 10 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Wojno, Gustafson, DeVuyst, Perricone, Richner,

Nays: None.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Resolution No. 19.

A resolution to memorialize the Congress of the United States to protect Medicaid during considerations of the federal budget.

(For text of resolution, see House Journal No. 16, p. 246.)

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 19 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Wojno, Gustafson, DeVuyst, Perricone, Richner,

Nays: None.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Concurrent Resolution No. 9.

A concurrent resolution to memorialize the Congress of the United States to preserve Medicaid.

(For text of resolution, see House Journal No. 8, p. 125.)

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 9 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Wojno, Gustafson, DeVuyst, Perricone, Richner,

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, March 10, 1997, at 2:00 p.m.,

Present: Reps. Gagliardi, Cherry, Brewer, DeHart, Kilpatrick, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner,

Absent: Reps. Agee, Hanley, Voorhees,

Excused: Reps. Agee, Hanley, Voorhees.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Concurrent Resolution No. 15.

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

(For text of resolution, see House Journal No. 15, p. 234.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 15 To Report Out:

Yeas: Reps. Anthony, Callahan, Middleton, DeVuyst, Gernaat, Lowe,

Nays: Rep. Bogardus.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 11, 1997, at 10:30 a.m.,

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

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, March 11, 1997, at 9:00 a.m.,

Present: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom.

Messages from the Senate

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 Senate has passed the bill.

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

Senate Bill No. 126, entitled

A bill to repeal 1965 PA 280, entitled "An act to provide for licensing and regulating of slaughterhouses, edible rendering establishments and wholesale fabricating, processing or storage establishments of meat; to provide for the antemortem and postmortem inspection and reinspection of slaughtered meat animals; to prescribe the duties and powers of the department of agriculture; to prescribe license fees; to provide for the transfer of personnel and the rights of employees affected by this act; to provide for inspection of large wild game animals; and to provide penalties for violation of the provisions of this act," (MCL 287.571 to 287.582).

The Senate has passed the bill.

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

Senate Bill No. 140, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101) and by adding sections 3131, 3132, and 3133.

The Senate has passed the bill.

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

Notices

To: Mary Kay Scullion, Clerk of the House

From: Speaker Curtis Hertel

Subject: Appointment to the Guardianship Task Force within the State Court Administrative Office

Date: March 10, 1997

This is a letter to inform you that I am appointing Representative Karen Willard as the member to represent the House Democratic Caucus on the Guardianship Task Force within the State Court Administrative Office. The task force will review past efforts to improve the state's guardianship and conservatorship system and will recommend changes in court rules, management policies, statutes, and other areas to protect those in the system while maximizing their independence.

I thank you for the opportunity to participate in this extremely important task force effort.

To: Mary Kay Scullion, Clerk of the House

From: Speaker Curtis Hertel

Subject: Appointment to the Library of Michigan Board of Trustees

Date: March 10, 1997

This is to inform you that I am appointing Representative Tom Kelly to the Library of Michigan Board of Trustees.

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

To: Mary Kay Scullion, Clerk of the House

From: Speaker Curtis Hertel

Subject: Appointment to the Michigan Commission on Uniform Laws

Date: March 10, 1997

This letter is to inform you that I am appointing Representative Laura Baird to serve on the Michigan Commission on Uniform State Laws for the 1997-98 legislative session. This position was formerly held by Representative Joe Palamara.

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

To: Mary Kay Scullion, Clerk of the House

From: Speaker Curtis Hertel

Subject: Appointment to Michigan Energy Resource Research Association MERRA

Date: March 10, 1997

This letter is to inform you that I am appointing Representative Lingg Brewer to serve on the Michigan Energy Resource Research Association Board. I am the current appointee to this Board.

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

Public Hearing

Committee on Human Services and Children

Place: County Commission Chambers, 2nd Floor County Administration Building,

201 W. Kalamazoo Ave, Kalamazoo, Michigan

Time: 11:00 a.m.

Date: Friday, March 14, 1997

Rep. LaForge

Chair

Agenda: Public input on Welfare Reform and Administrative Rules
any and/or all business properly before this committee.

Public Hearing

Committee on Judiciary

Place: Wayne State University's McGregor Conference Center Room J

Time: 1:00 p.m.

Date: Friday, March 14, 1997

Rep. Wallace

Chair

Agenda: HB 4267 - Scott - Civil procedure; expedited evictions drug traffickers act; create

HB 4268 - Scott - Crimes; controlled substances; persons convicted of drug-related crimes enter area in which crime was committed; prohibit

HB 4269 - Scott - Civil procedure; evictions; drug nuisance abatement act; create

any and/or all business properly before this committee.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 7:

House Bill Nos. 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413

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

House Bill Nos. 4414 4415 4416 4417 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 4448 4449 4450

The Clerk announced that the following Senate bills had been received on Tuesday, March 11:

Senate Bill Nos. 33 126 140

Communications from State Officers

The following communication from the Family Independence Agency was received and read:

February 25, 1997

In accordance with Section 606 of Act 368 of the Public Acts of 1996, the Family Independence Agency Appropriations Act for Fiscal Year 1997, I am requesting your support and assistance in establishing volunteer opportunities in your office for Family Independence Agency Social Contract participants. The statute states:

In operating the family independence program from funds appropriated in section 101, the family independence agency shall permit a recipient to perform non-campaign-related volunteer work in the offices of the executive, judicial and legislative branches of state government to meet his or her social contract obligation. The family independence agency shall compile and maintain a list of legislative and executive branch offices willing to accept volunteers. This list shall be made available to public assistance clients to assist them in selecting their social contract activity.

Individuals receiving State Family Assistance (SFA) or Family Independence Program (FIP) [formerly Aid to Families with Dependent Children or AFDC] benefits have a social contract with the State. The majority of those individuals must participate in work activities through the Work First Program or must be working a minimum of 20 hours per week (one adult in a two parent family must work a minimum of 35 hours per week). At any point in time, however, some adults will be deferred temporarily from those work requirements. Deferred clients are expected to fulfill their social contract obligations, primarily through community service.

As a result of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, many recipients of Food Stamps must meet work or community service requirements as a condition of receiving benefits. Able-bodied adults without dependents who are 18 through 49 years of age must work 20 hours per week or perform community service for 25 hours per month. We will refer these individuals to volunteer opportunities also. Food stamp volunteers will need a signed statement from you or your staff to document their hours of community service.

If you are willing to provide volunteer opportunities to Agency clients, please provide the following information to John Muenzer, MFIA, Grand Tower Building, Suite 504, 235 South Grand Avenue, Lansing, Michigan 48909:

1. Type and number of volunteer opportunities

2. Volunteer location (county)

3. Contact person and telephone number

This information does not need to be provided if it has been furnished to FIA in the past. You only need to provide information on new volunteer opportunities or changes to information previously provided to FIA.

When this information is received, it will be shared with the appropriate local offices to assist clients in selecting their social contract activity. Please note: clients select their own social contract activity, so we will not be "assigning" them to work in your office. Any client who is referred to you will have personally selected your volunteer opportunity.

If you have questions or would like additional information, please contact John Muenzer at 335-5863.

Your assistance in developing volunteer opportunities is appreciated.

Sincerely,

Marva Livingston Hammons

The communication was referred to the Clerk.

The following communication from the Central Area Partnership Consortium was received and read:

Date: March 7, 1997

To: Interested Persons

From: Ralph F. Loeschner, President

Subject: Job Training Plans

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:

* JTPA Title IIA Plan Modification #96-02 (07/01/96 to 06/30/98)

* JTPA Title IIC Plan Modification #96-02 (07/01/96 to 06/30/98)

* JTPA Title III Plan Modification #96-02 (07/01/96 to 06/30/98)

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.

The communication was referred to the Clerk.

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

March 6, 1997

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of Hiring, Training,

and Staff Development Programs

Department of Corrections

March 1997

March 10, 1997

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the Real Estate Division

Bureau of Highway Technical Services

Michigan Department of Transportation

March 1997

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. Schermesser, Wallace, Palamara, Thomas, Cherry, Kelly, Brown, Callahan, Hanley, Mans, Harder, LaForge, Ciaramitaro, DeHart, Goschka, Freeman, Lowe, Baade, Jaye, Anthony, Leland, Bogardus, Prusi, Kilpatrick, Hale, Dobronski, Griffin, Brewer, Frank, Curtis, Rison, Quarles, Schauer, Tesanovich, Varga, Raczkowski, Wojno, Vaughn, Scott and Parks introduced

House Bill No. 4467, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353d.

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

Reps. Crissman, Galloway, Dobb, Bodem, Voorhees, Hammerstrom, McBryde and Goschka introduced

House Bill No. 4468, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 4 (MCL 28.424), as added by 1992 PA 219.

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

Reps. Crissman, Galloway, Dobb, Bodem, Voorhees, Hammerstrom, McBryde and Goschka introduced

House Bill No. 4469, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224f (MCL 750.224f), as added by 1992 PA 217.

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

Reps. Curtis, Profit, Cropsey, Baade, DeHart, Lowe, Harder, Wetters, McNutt, Dalman, Leland, Jaye and Callahan introduced

House Bill No. 4470, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950 (MCL 600.2950), as amended by 1996 PA 10.

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

Reps. McNutt, Baade, Green and Rhead introduced

House Bill No. 4471, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).

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

Rep. Profit introduced

House Bill No. 4472, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 47 (MCL 211.47), as amended by 1994 PA 253.

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

Rep. Profit introduced

House Bill No. 4473, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40115 (MCL 324.40115), as added by 1995 PA 57.

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

Rep. Palamara moved that the House adjourn.

The motion prevailed, the time being 5:20 p.m.

The Associate Speaker Pro Tempore declared the House adjourned until Wednesday, March 12, at 2:00p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.