hj05077t.039

No. 39

JOURNAL OF THE HOUSE

House Chamber, Lansing, Wednesday, May 7, 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--e/d/s

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--excused

Emerson--excused

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--present

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--present

Nye--e/d/s

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

Rep. Timothy Walberg, from the 57th District, offered the following invocation:

"Dear Heavenly Father, Too often we get caught up with our responsibilities, our cares, our plans, and even ourselves, at the expense of being aware of Your blessings and opportunities day by day. So, thank You for this gorgeous, beautiful day that we have. Thank You for the strength to do the job before us. Thank You for the love of those close to us. And, also, thank You for the certainty that You love each of us. With that certainty, may we receive the wisdom that You alone can give and do well in this session, obtaining Your favor. Amen."

______

Rep. Wallace moved that Reps. Emerson, Kilpatrick and Dobronski be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4307, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was read a second time, substitute (H-2) adopted, amended, amendments offered and postponed temporarily and bill postponed for the day on May 6, see House Journal No. 38, p. 756.)

Rep. Jaye moved to amend the bill as follows:

1. Amend page 60, following line 3, by inserting:

"Sec. 1112. Funds appropriated under section 101 shall not be expended to provide prisoners with access to or use of computerized law libraries or databases if it is more expensive than maintaining law books and references for use by prisoners.".

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,

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

Roll Call No. 268 Yeas--69

Alley Dobb Jelinek Oxender

Anthony Fitzgerald Jellema Palamara

Baade Frank Johnson Perricone

Bankes Galloway Kaza Price

Birkholz Geiger Kukuk Profit

Bobier Gernaat Law Raczkowski

Bodem Gilmer LeTarte Rhead

Bogardus Gire Llewellyn Richner

Brackenridge Godchaux London Rocca

Brewer Goschka Lowe Schermesser

Brown Green Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hammerstrom McManus Voorhees

Crissman Harder McNutt Walberg

Curtis Horton Middaugh Whyman

Dalman Jansen Middleton Willard

DeHart Jaye Olshove Wojno

DeVuyst

Nays--33

Agee Hanley Murphy Scott

Baird Hertel Owen Stallworth

Brater Hood Parks Tesanovich

Cherry Kelly Prusi Thomas

Ciaramitaro LaForge Quarles Varga

Gagliardi Leland Rison Vaughn

Griffin Mans Schauer Wallace

Gubow Martinez Schroer Wetters

Hale

In The Chair: Hertel

______

Rep. Cropsey entered the House Chambers.

Rep. Nye entered the House Chambers.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 60, following line 3, by inserting:

"Sec. 1112. It is a condition of expenditure on funds appropriated for the operation of correctional facilities that the department establish standards for prisoners' hair, including length. It is a further condition that the department require each prisoner arriving at a reception center to undergo any haircut necessary to meet those standards and to remove all objects piercing any part of the prisoner's body for the duration of the prisoner's incarceration.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

______

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 37, following line 7, following section 217, by inserting:

"Sec. 218. A prisoner who wins money in a lottery shall pay from those winnings the amount necessary to reimburse the state for the accrued cost of incarcerating that prisoner.".

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 269 Yeas--95

Agee Fitzgerald Kaza Price

Anthony Frank Kelly Profit

Baade Freeman Kukuk Prusi

Baird Gagliardi LaForge Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rison

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scranton

Callahan Gubow McBryde Sikkema

Cassis Gustafson McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Ciaramitaro Hanley Middaugh Varga

Crissman Harder Middleton Voorhees

Cropsey Horton Nye Walberg

Curtis Jansen Olshove Wetters

Dalman Jaye Owen Whyman

DeHart Jelinek Oxender Willard

DeVuyst Jellema Palamara Wojno

Dobb Johnson Perricone

Nays--6

Hale Scott Vaughn Wallace

Parks Stallworth

In The Chair: Gire

Rep. Owen moved to amend the bill as follows:

1. Amend page 32, line 5, by striking out all of section 213.

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

______

Rep. Wetters asked and obtained a temporary excuse from today's session.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 42, following line 17, following section 505, by inserting:

"Sec. 506. No funds appropriated in section 101 for parole board operations shall be distributed to boards which do not conduct their meetings and voting in an open and public manner, and which approve parole decisions by less than a unanimous vote.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

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. Goschka,

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

Roll Call No. 270 Yeas--47

Anthony Dobb Kukuk Profit

Bankes Fitzgerald Law Raczkowski

Birkholz Gernaat Llewellyn Rhead

Bodem Goschka London Richner

Brackenridge Green McBryde Rocca

Brown Gustafson McManus Scranton

Byl Hammerstrom Middaugh Sikkema

Cassis Horton Middleton Voorhees

Crissman Jansen Olshove Whyman

Cropsey Jaye Oxender Willard

Dalman Jelinek Palamara Wojno

DeVuyst Kaza Perricone

Nays--55

Agee Gagliardi Kelly Prusi

Baade Galloway LaForge Quarles

Baird Geiger Leland Rison

Bobier Gilmer LeTarte Schauer

Bogardus Gire Lowe Schermesser

Brater Godchaux Mans Schroer

Brewer Griffin Martinez Scott

Callahan Gubow Mathieu Stallworth

Cherry Hale McNutt Tesanovich

Ciaramitaro Hanley Murphy Thomas

Curtis Harder Nye Vaughn

DeHart Hertel Owen Walberg

Frank Hood Parks Wallace

Freeman Johnson Price

In The Chair: Gire

Rep. Goschka moved to amend the bill as follows:

1. Amend page 37, following line 7, following section 217, by inserting:

"Sec. 218. Notwithstanding any other provision of law, the department shall not reduce a prisoner's minimum sentence by good time, disciplinary credits, or any other form of sentence reduction.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

______

Point of Order

Rep. Owen requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Goschka. The Chair ruled that the amendment was not germane because it constituted an amendment by reference in violation of Art. 4, § 25 of the 1963 Constitution.

Rep. Bobier moved to amend the bill as follows:

1. Amend page 2, line 19, by striking out all of line 19 through line 2, page 3 and inserting:

"Unclassified positions 1,216,800"

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

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

______

The Speaker Pro Tempore assumed the Chair.

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

The motion prevailed.

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

The motion prevailed.

Rep. Bodem moved to amend the bill as follows:

1. Amend page 31, following line 2, by inserting:

"Sec. 211a. If facilities and equipment are available, belts issued for use by corrections officers shall be manufactured by Michigan state industries or another prison industry operation.".

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

Rep. Bodem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 271 Yeas--96

Agee Fitzgerald Kelly Price

Anthony Frank Kukuk Profit

Baade Freeman LaForge Prusi

Baird Galloway Law Quarles

Bankes Geiger Leland Raczkowski

Birkholz Gernaat Llewellyn Rhead

Bobier Gilmer London Richner

Bodem Godchaux Lowe Rison

Bogardus Goschka Mans Rocca

Brackenridge Green Martinez Schauer

Brater Gubow Mathieu Schermesser

Brewer Gustafson McBryde Schroer

Brown Hale McManus Scott

Byl Hammerstrom McNutt Scranton

Callahan Hanley Middaugh Stallworth

Cassis Harder Middleton Tesanovich

Cherry Hood Murphy Thomas

Crissman Horton Nye Vaughn

Cropsey Jansen Olshove Voorhees

Curtis Jaye Owen Walberg

Dalman Jelinek Oxender Wallace

DeHart Jellema Palamara Whyman

DeVuyst Johnson Parks Willard

Dobb Kaza Perricone Wojno

Nays--1

LeTarte

In The Chair: Murphy

Reps. Gilmer and Bobier moved to amend the bill as follows:

1. Amend page 34, line 11, by striking out all of section 216.

The question being on the adoption of the amendment offered by Reps. Gilmer and Bobier,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Gilmer and Bobier,

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

Roll Call No. 272 Yeas--50

Bankes Galloway Johnson Middleton

Birkholz Geiger Kaza Nye

Bobier Gernaat Kukuk Oxender

Bodem Gilmer Law Perricone

Brackenridge Godchaux LeTarte Raczkowski

Byl Green Llewellyn Rhead

Cassis Gustafson London Richner

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Fitzgerald Jellema

Nays--49

Agee Freeman Mans Rison

Anthony Gagliardi Martinez Rocca

Baade Goschka Mathieu Schauer

Baird Griffin Murphy Schermesser

Bogardus Gubow Olshove Schroer

Brater Hale Owen Scott

Brewer Hanley Palamara Stallworth

Brown Harder Parks Tesanovich

Callahan Hood Price Thomas

Cherry Kelly Profit Vaughn

Curtis LaForge Prusi Willard

DeHart Leland Quarles Wojno

Frank

In The Chair: Murphy

______

Rep. Frank moved that Rep. Griffin be excused temporarily from today's session.

The motion prevailed.

Rep. Kukuk moved to amend the bill as follows:

1. Amend page 42, line 16, after "supported" by inserting "or government".

2. Amend page 42, line 17, after "period." by inserting ""Community service work" shall also include work repairing potholes and state trunklines performed by offenders convicted of nonviolent offenses. The department shall coordinate with the Michigan department of transportation in determining the state trunkline repairs to be performed by offenders under this act.".

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

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

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

Rep. Gagliardi moved that consideration of the amendments be postponed temporarily.

The motion prevailed.

______

The Speaker resumed the Chair.

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

1. Amend page 60, following line 3, following section 1112, by inserting:

"Sec. 1113. As a condition of expenditure of funds appropriated in section 101, the department shall prohibit prisoners from using interdepartmental mail.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 273 Yeas--92

Anthony Fitzgerald Jellema Oxender

Baade Frank Johnson Palamara

Baird Freeman Kaza Perricone

Bankes Gagliardi Kelly Profit

Birkholz Galloway Kukuk Prusi

Bobier Geiger LaForge Quarles

Bodem Gernaat Law Raczkowski

Bogardus Gilmer Leland Rhead

Brackenridge Gire LeTarte Richner

Brewer Godchaux Llewellyn Rocca

Brown Goschka London Schauer

Byl Green Lowe Schermesser

Callahan Griffin Mans Scranton

Cassis Gubow Martinez Sikkema

Cherry Gustafson Mathieu Stallworth

Ciaramitaro Hammerstrom McBryde Tesanovich

Crissman Harder McManus Thomas

Cropsey Hertel McNutt Varga

Curtis Hood Middaugh Voorhees

Dalman Horton Middleton Walberg

DeHart Jansen Nye Whyman

DeVuyst Jaye Olshove Willard

Dobb Jelinek Owen Wojno

Nays--5

Hale Schroer Scott Vaughn

Parks

In The Chair: Hertel

Rep. Richner moved to amend the bill as follows:

1. Amend page 60, following line 3, following section 1113, by inserting:

"Sec. 1114. (1) The department shall charge an electrical usage fee at a rate equivalent to $3.00 per month to all prisoners who use a television, VCR, or stereo in their personal housing area that requires the use of electricity, regardless of the number of days of electrical usage.

(2) The department shall collect a fee charged under this section from the prisoner's institutional account annually or at other intervals as determined by the department.

(3) The department may retain not more than 15% of the total fees collected annually under this section to pay for the cost of operation. The department shall forward the balance of the total fees collected annually to the state treasurer for deposit in the crime victims rights fund created under section 4 of 1989 PA 196, MCL 780.904.".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 274 Yeas--96

Anthony Frank Johnson Parks

Baade Freeman Kaza Perricone

Bankes Gagliardi Kelly Price

Birkholz Galloway Kukuk Profit

Bobier Geiger LaForge Prusi

Bodem Gernaat Law Quarles

Bogardus Gilmer Leland Raczkowski

Brackenridge Gire LeTarte Rhead

Brater Godchaux Llewellyn Richner

Brewer Goschka London Rocca

Brown Green Lowe Schauer

Byl Griffin Mans Schermesser

Callahan Gubow Martinez Schroer

Cassis Gustafson Mathieu Scranton

Cherry Hale McBryde Sikkema

Ciaramitaro Hammerstrom McManus Stallworth

Crissman Hanley McNutt Tesanovich

Cropsey Harder Middaugh Thomas

Curtis Hertel Middleton Vaughn

Dalman Hood Nye Voorhees

DeHart Horton Olshove Walberg

DeVuyst Jansen Owen Whyman

Dobb Jelinek Oxender Willard

Fitzgerald Jellema Palamara Wojno

Nays--0

In The Chair: Hertel

Rep. Richner moved to amend the bill as follows:

1. Amend page 60, following line 3, following section 1114, by inserting:

"Sec. 1115. It is a condition on the expenditure of funds appropriated for correctional facilities that the department restrict prisoner viewing of commercially available videocassette tapes to those that are educational in nature.".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Owen 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. Richner,

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

Roll Call No. 275 Yeas--52

Bankes Fitzgerald Jellema Palamara

Birkholz Galloway Kukuk Perricone

Bobier Geiger Law Raczkowski

Brackenridge Gernaat LeTarte Rhead

Brown Godchaux Llewellyn Richner

Byl Goschka London Rocca

Callahan Green Lowe Schauer

Cassis Gustafson McBryde Scranton

Crissman Hammerstrom McManus Sikkema

Cropsey Horton Middaugh Voorhees

Curtis Jansen Middleton Whyman

Dalman Jaye Olshove Willard

DeVuyst Jelinek Oxender Wojno

Nays--48

Agee Gilmer LaForge Prusi

Anthony Gire Leland Rison

Baade Griffin Mans Schermesser

Baird Gubow Martinez Schroer

Brater Hale Mathieu Scott

Brewer Hanley McNutt Stallworth

Cherry Harder Murphy Tesanovich

Ciaramitaro Hertel Nye Thomas

DeHart Hood Owen Varga

Dobb Johnson Parks Vaughn

Frank Kaza Price Walberg

Gagliardi Kelly Profit Wallace

In The Chair: Hertel

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 57, following line 13, following section 1002, by inserting:

"Sec. 1003. The department shall require prisoners to pay a co-payment of not less than $5.00 for nonemergency medical care.".

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

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 276 Yeas--89

Agee Dobb Jelinek Owen

Anthony Fitzgerald Jellema Oxender

Baade Frank Johnson Palamara

Bankes Freeman Kaza Perricone

Birkholz Gagliardi Kelly Profit

Bobier Galloway Kukuk Prusi

Bodem Geiger LaForge Raczkowski

Bogardus Gernaat Law Rhead

Brackenridge Gilmer Leland Richner

Brater Gire LeTarte Rocca

Brewer Godchaux Llewellyn Schauer

Brown Goschka London Schermesser

Byl Green Lowe Scranton

Callahan Griffin Mans Sikkema

Cassis Gustafson Mathieu Tesanovich

Cherry Hammerstrom McBryde Thomas

Ciaramitaro Hanley McManus Varga

Crissman Harder McNutt Voorhees

Cropsey Hertel Middaugh Walberg

Curtis Horton Middleton Whyman

Dalman Jansen Nye Willard

DeHart Jaye Olshove Wojno

DeVuyst

Nays--15

Baird Martinez Quarles Stallworth

Gubow Murphy Rison Vaughn

Hale Parks Schroer Wallace

Hood Price Scott

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 60, following line 3, following section 1114, by inserting:

"Sec. 1115. As a condition of the expenditure of funds appropriated under section 101, the department shall require a prisoner convicted of assaulting a department employee, including a corrections officer, or another prisoner or who is determined responsible for that misconduct through departmental proceedings, to be placed in solitary confinement for not less than 60 days or more than 300 days. The solitary confinement shall preclude contact with other prisoners and visitors and shall minimize contact with department employees. The prisoner shall be allowed 1hour per week out of his or her confinement for exercise or equivalent activity. The place of the prisoner's confinement area shall contain only prison-issued plumbing fixtures and bedding and the prisoner shall possess only prison-issued clothing.".

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

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

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

Roll Call No. 277 Yeas--82

Agee Dobb Johnson Oxender

Anthony Fitzgerald Kaza Palamara

Baade Frank Kelly Perricone

Baird Freeman Kukuk Prusi

Bankes Gagliardi Law Raczkowski

Birkholz Galloway Leland Rhead

Bobier Geiger LeTarte Richner

Bodem Gernaat Llewellyn Rocca

Bogardus Gilmer London Schauer

Brackenridge Gire Lowe Schermesser

Brewer Godchaux Mans Schroer

Brown Goschka Mathieu Scranton

Byl Green McBryde Sikkema

Callahan Griffin McManus Tesanovich

Cassis Gustafson McNutt Thomas

Ciaramitaro Hammerstrom Middaugh Voorhees

Crissman Harder Middleton Walberg

Curtis Horton Nye Whyman

Dalman Jansen Olshove Willard

DeHart Jelinek Owen Wojno

DeVuyst Jellema

Nays--13

Gubow Hood Parks Stallworth

Hale Martinez Price Vaughn

Hanley Murphy Scott Wallace

Hertel

In The Chair: Hertel

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

Rep. Bodem withdrew the amendment.

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

Rep. Galloway withdrew the amendment.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 37, following line 7, following section 218, by inserting:

"Sec. 219. From the funds appropriated in section 101, the department shall assure appropriate substance abuse evaluation and treatment to inmates regardless of length of sentence or time to be served prior to the earliest release date. The department shall monitor the effects on recidivism of the substance abuse treatment provided.".

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

Rep. Anthony moved to amend the bill as follows:

1. Amend page 37, following line 7, following section 219, by inserting:

"Sec. 220. The department shall not allow the use of gym facilities or weight lifting equipment by an inmate if the inmate has not obtained, or is not satisfactorily working towards the completion of, a high school diploma or its equivalent, unless the inmate has been exempted by the department because of health or lack of availability of programs. The department shall utilize athletic directors to monitor prison use of gym facilities and weight lifting equipment as prescribed by this section. This section does not apply at a facility when, because of absenteeism, the department lacks sufficient staff resources at the facility to enforce the restrictions.".

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

Rep. Freeman moved to amend the Anthony amendment as follows:

1. Amend the Anthony amendment, page 37, following line 7, section 220, after "because of health" by inserting a comma and "enrollment in a special education program,".

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

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

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

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

Rep. Kukuk demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 278 Yeas--55

Bankes Fitzgerald Jellema Perricone

Birkholz Galloway Johnson Profit

Bobier Geiger Kukuk Raczkowski

Bodem Gernaat Law Rhead

Brackenridge Gilmer LeTarte Richner

Brewer Godchaux Llewellyn Rocca

Brown Goschka Lowe Scranton

Byl Green McBryde Sikkema

Cassis Gustafson McManus Voorhees

Crissman Hammerstrom McNutt Walberg

Cropsey Horton Middaugh Whyman

Dalman Jansen Middleton Willard

DeVuyst Jaye Olshove Wojno

Dobb Jelinek Oxender

Nays--49

Agee Gagliardi Leland Rison

Anthony Gire London Schauer

Baade Griffin Mans Schermesser

Baird Gubow Martinez Schroer

Bogardus Hale Murphy Scott

Brater Hanley Nye Stallworth

Callahan Harder Owen Tesanovich

Cherry Hertel Palamara Thomas

Ciaramitaro Hood Parks Varga

Curtis Kaza Price Vaughn

DeHart Kelly Prusi Wallace

Frank LaForge Quarles Wetters

Freeman

In The Chair: Murphy

Rep. Scranton moved to amend the bill as follows:

1. Amend page 59, line 16, after "that" by striking out the balance of the section and inserting "each correctional facility is tobacco-free. Effective October 1, 1997, use of any tobacco product is prohibited within a building, on the grounds, and within 75 feet of the perimeter of a correctional facility.".

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 279 Yeas--27

Birkholz Goschka Kukuk Rocca

Bogardus Green McBryde Scranton

Byl Gustafson Middaugh Sikkema

Dalman Hammerstrom Perricone Voorhees

DeVuyst Horton Raczkowski Whyman

Gernaat Jansen Rhead Willard

Godchaux Jaye Richner

Nays--74

Agee Frank Law Price

Anthony Freeman Leland Profit

Baade Gagliardi LeTarte Prusi

Baird Galloway Llewellyn Quarles

Bankes Geiger London Rison

Bobier Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Brackenridge Griffin Martinez Schroer

Brater Gubow Mathieu Scott

Brewer Hale McManus Stallworth

Brown Hanley McNutt Tesanovich

Callahan Harder Middleton Thomas

Cassis Hertel Murphy Varga

Cherry Hood Nye Vaughn

Crissman Jelinek Owen Walberg

Cropsey Jellema Oxender Wallace

DeHart Johnson Palamara Wetters

Dobb Kaza Parks Wojno

Fitzgerald Kelly

In The Chair: Murphy

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 37, following line 7, following section 220, by inserting:

"Sec. 221. The department shall not expend funds appropriated under this act to coordinate, supervise, direct, or provide for leisure time activities or athletic activities by prisoners.".

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

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 280 Yeas--18

Bogardus Green Middaugh Sikkema

Curtis Gustafson Perricone Voorhees

DeVuyst Jaye Raczkowski Whyman

Galloway Kukuk Richner Willard

Goschka Llewellyn

Nays--87

Agee Dobb Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Leland Rhead

Bankes Geiger LeTarte Rison

Birkholz Gernaat London Rocca

Bobier Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Griffin Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Hale McManus Stallworth

Byl Hammerstrom McNutt Tesanovich

Callahan Hanley Middleton Thomas

Cassis Harder Murphy Varga

Cherry Hertel Nye Vaughn

Ciaramitaro Hood Olshove Walberg

Crissman Horton Owen Wallace

Cropsey Jansen Oxender Wetters

Dalman Jelinek Palamara Wojno

DeHart Jellema Parks

In The Chair: Murphy

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 60, following line 3, following section 1116, by inserting:

"Sec. 1117. From the funds appropriated in section 101, the department shall implement a pilot project to determine whether more than 1 sleep shift for prisoners is feasible, with each shift of prisoners using beds at different times. The purpose of the project is to reduce or eliminate future need to add prison beds. The department shall examine existing uses of this technique, including those by the United States navy.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

Rep. Wallace moved to amend the Raczkowski amendment as follows:

1. Amend the Raczkowski amendment, page 60, following line 3, section 1117, after "the United States navy." by inserting "The pilot project shall be located at a correctional facility located in the 37th and 32nd legislative house district.".

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

Rep. Gagliardi demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 281 Yeas--65

Agee Cropsey LaForge Prusi

Anthony Curtis Law Quarles

Baade DeHart Leland Rison

Baird DeVuyst LeTarte Schauer

Bankes Dobb Mans Schermesser

Bobier Frank Martinez Schroer

Bodem Freeman Mathieu Scott

Bogardus Gagliardi Middleton Stallworth

Brackenridge Gire Murphy Tesanovich

Brater Gubow Nye Thomas

Brewer Hale Olshove Vaughn

Brown Hanley Owen Walberg

Byl Harder Palamara Wallace

Callahan Hertel Parks Wetters

Cherry Jaye Price Whyman

Ciaramitaro Kelly Profit Wojno

Crissman

Nays--39

Alley Goschka Kaza Perricone

Birkholz Griffin Kukuk Raczkowski

Cassis Gustafson Llewellyn Richner

Dalman Hammerstrom London Rocca

Fitzgerald Hood Lowe Scranton

Galloway Horton McBryde Sikkema

Geiger Jansen McManus Varga

Gernaat Jelinek McNutt Voorhees

Gilmer Jellema Middaugh Willard

Godchaux Johnson Oxender

In The Chair: Murphy

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

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

Roll Call No. 282 Yeas--25

Cropsey Jansen McBryde Rocca

Curtis Jaye Palamara Scranton

DeVuyst Jelinek Perricone Sikkema

Geiger Kaza Profit Voorhees

Goschka Kukuk Raczkowski Wallace

Gustafson LaForge Richner Whyman

Horton

Nays--81

Agee DeHart Jellema Oxender

Alley Dobb Johnson Parks

Anthony Fitzgerald Kelly Price

Baade Frank Law Prusi

Baird Freeman Leland Quarles

Bankes Gagliardi LeTarte Rhead

Birkholz Galloway Llewellyn Rison

Bobier Gernaat London Schauer

Bodem Gilmer Lowe Schermesser

Bogardus Gire Mans Schroer

Brackenridge Godchaux Martinez Scott

Brater Green Mathieu Stallworth

Brewer Griffin McManus Tesanovich

Brown Gubow McNutt Thomas

Byl Hale Middaugh Varga

Callahan Hammerstrom Middleton Vaughn

Cassis Hanley Murphy Walberg

Cherry Harder Nye Wetters

Ciaramitaro Hertel Olshove Willard

Crissman Hood Owen Wojno

Dalman

In The Chair: Murphy

Rep. Geiger 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. 4307, 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. 283 Yeas--100

Agee Dobb Jellema Perricone

Alley Fitzgerald Johnson Price

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Raczkowski

Baird Gagliardi LaForge Rhead

Bankes Galloway Law Richner

Birkholz Geiger Leland Rison

Bobier Gernaat LeTarte Rocca

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Scott

Brater Goschka Mans Scranton

Brewer Green Mathieu Sikkema

Brown Griffin McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hanley Middleton Vaughn

Ciaramitaro Harder Murphy Voorhees

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Oxender Whyman

DeHart Jaye Palamara Willard

DeVuyst Jelinek Parks Wojno

Nays--5

Hammerstrom Martinez Profit Schroer

Kaza

In The Chair: Murphy

The House agreed to the title of the bill.

______

Rep. Kaza, 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 Corrections Department appropriation includes public policy that is soft on violent, repeat offenders. Specifically, it does not provide for the double-bunking of violent criminals. Nor does it include a provision that would require chain gangs to force violent criminals to perform hard, manual labor. We need to send violent criminals a clear signal that we intend on punishing them during their incarceration."

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays as follows:

Roll Call No. 284 Yeas--52

Agee DeHart LaForge Schauer

Alley Frank Leland Schermesser

Anthony Freeman Mans Schroer

Baade Gagliardi Martinez Scott

Baird Gire Murphy Stallworth

Bogardus Griffin Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Wallace

Cherry Hertel Prusi Wetters

Ciaramitaro Hood Quarles Willard

Curtis Kelly Rison Wojno

Nays--49

Bankes Galloway Jelinek Middaugh

Birkholz Geiger Jellema Middleton

Bobier Gernaat Johnson Oxender

Bodem Gilmer Kaza Perricone

Brackenridge Godchaux Kukuk Raczkowski

Byl Goschka Law Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Scranton

Cropsey Hammerstrom Lowe Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Walberg

Dobb Jaye McNutt Whyman

Fitzgerald

In The Chair: Murphy

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. McManus, Wetters, Kukuk, Brackenridge, Bodem, McBryde, Cassis, Martinez, Llewellyn, Hammerstrom, Kelly, DeHart, Scranton, Parks, Harder, Horton, Dobb, Rocca, London, Profit, Middleton, Voorhees, Dalman, Gernaat, Vaughn, Gire, Scott, Lowe, Green, Perricone, Goschka, Richner, Raczkowski, Birkholz and Oxender offered the following resolution:

House Resolution No. 47.

A resolution to memorialize the Congress of the United States and the United States Department of Veterans Affairs to extend eligibility for grave markers to all deceased veterans.

Whereas, Under the provisions of 38 USC, Chapter 23, Section 2306, a deceased veteran of the Armed Forces is eligible to receive a marker for the grave. This program, which is extended to veterans not dishonorably discharged, is for veterans whose graves are not designated by another marker; and

Whereas, The program to provide markers for the graves of deceased veterans provides appropriate recognition to the men and women who have made personal sacrifices for our nation and its ideals. In addition to the obvious pride this fosters in family members of deceased veterans, the markers show everyone who sees them that the greatest strength of our country is the dedication of individual citizens willing to defend their fellow citizens; and

Whereas, As the program currently operates, the marker is only available for graves that do not have any other type of marker at the site. This policy does a disservice to veterans with other headstones. This is inconsistent with the gratitude the nation feels toward all its veterans and the respect that we hold for them; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the United States Department of Veterans Affairs to extend eligibility for grave markers to all deceased veterans. We support a change in federal law to authorize the United States Secretary of Veterans Affairs to furnish appropriate headstones or markers at government expense for the graves of all veterans interred in public or private cemeteries regardless of the presence of other markers at the grave site; 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, the members of the Michigan congressional delegation, and the United States Secretary of Veterans Affairs.

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

Reps. Martinez, Wetters, Bodem, McBryde, Cassis, Llewellyn, Murphy, Kelly, DeHart, Scranton, Parks, Harder, Hale, Dobb, Rocca, London, Profit, Voorhees, Gubow, Dalman, Vaughn, Baird, Gire, Scott, Hanley, Brater, Goschka, Richner, Cherry and Leland offered the following resolution:

House Resolution No. 48.

A resolution honoring the 25th Anniversary of the Montessori Children's House of Lansing.

Whereas, On May 10, 1997, Montessori Children's House of Lansing is celebrating its 25th Anniversary; and

Whereas, In 1972, Montessori Children's House of Lansing, then known as Holy Cross Montessori, received its license from the Michigan Department of Social Services and began operation in Holy Cross School in Lansing, Michigan; and

Whereas, In 1978, a Lower Elementary class was added to begin the growth that led to today's institution under the wonderful and inspiring leadership of Sue Husband. In 1981, with the assistance of Jim Anderton, negotiations were initiated to purchase the present building at 2100 West St. Joseph and in 1982, the move was completed. School that year began with three Pre-School and one Lower Elementary classrooms. In 1983, Montessori Children's House was certified by the Michigan State Board of Education as an educational facility. In 1984, a second Lower Elementary class was added. The year 1985 signaled a building addition of four new classrooms, the establishment of the Upper Elementary class under beloved director Wayne Blackburn, and an additional Pre-School class; and

Whereas, The talent, dedication, and devotion of the teachers of Montessori Children's House of Lansing is legend among those who have had the opportunity to come in contact with this school: Claud Agnello, Patty Bachmeier, Mindy Banks, Wayne Blackburn, Patty Blackburn, Vicki Cassidy, Sharon Dhanak, Maggie Hunt, Laura Littleford, Dan Stead, Pat Taylor, Candy Voigt, and the many assistants/specialists who have served at least three years including Olga Briseno, Penny Collins, Sandy Dargatz, Barb DeRose, Ann Haglund, Sara Hiner, Jean Kitchen, Jim McGrath, Pat Madden-Roth, Mo Newton, Becky Schwarz, Mary-Jo Stacks, Lori Trout, and Peggy Wydo, all who have served with great distinction; and

Whereas, This wonderful institution was founded, organized, and operated with but one purpose -- the welfare of the child. Maria Montessori said that, "Within the child lies the fate of the future." Those words are truly the hallmark of this school. If anyone should wonder about this school and how it functions, they need merely to read the sign on the front lawn -- Montessori Children's House. Add one word that is not on the sign -- that word is love; now, therefore, be it

Resolved by the House of Representatives, That the highest praise and admiration be accorded on this 25th Anniversary celebration of the Montessori Children's House of Lansing; and be it further

Resolved, That a copy of this resolution be presented to the school as a token of the high esteem in which it is held.

Pending the reference of the resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

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

Reports of Select Committees

Joint Committee on Administrative Rules

Certificates of Approval

Date: May 7, 1997

Subject: Trans. No. 97-20

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the State Department, Board of State Canvassers, pertaining to Procedures, dated August 30, 1996.

Date: May 7, 1997

Subject: Trans. No. 97-23

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the State Police Department, Michigan Justice Training Commission, pertaining to General Rules, dated March 6, 1997.

Date: May 7, 1997

Subject: Trans. No. 97-26

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to Air Pollution Control, dated January 16, 1997.

Date: May 7, 1997

Subject: Trans. No. 97-17

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the State Police Department, Fire Safety Board, pertaining to Radioactive Material Transportation, dated May 21, 1996.

Date: May 7, 1997

Subject: Trans. No. 97-21

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Consumer and Industry Services Department, Director's Office, pertaining to Securities, dated August 27, 1996.

Date: May 7, 1997

Subject: Trans. No. 97-24

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to General Rules, dated January 16, 1997.

Date: May 7, 1997

Subject: Trans. No. 97-25

Sincerely,

Representative Candace A. Curtis

Chair

Joint Committee on Administrative Rules

May 7, 1997

Russell J. Harding, Director

Department of Environmental Quality

Dear Mr. Harding:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-27, submitted by the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control (Parts 1, 2, 6, and 7), to June 30, 1997.

May 7, 1997

Dear Mr. Harding:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-28, submitted by the Department of Environmental Quality, Water Resources Protection, pertaining to (Parts 4 and 8), to July 3, 1997.

May 7, 1997

Dear Mr. Harding:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-29, submitted by the Department of Environmental Quality, Surface Water Quality Division, pertaining to Wastewater Reporting, to July 9, 1997.

Sincerely,

Representative Candace A. Curtis

Chair

May 7, 1997

Catherine L. Virskus

Regulatory Affairs Officer

Department of Community Health

Dear Ms. Virskus:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-30, submitted by the Department of Community Health, Health Legislation and Policy Development, pertaining to General Rules, to July 24, 1997.

Sincerely,

Representative Candace A. Curtis

Chair

May 7, 1997

Michael D. Robinson

Director

Department of State Police

Dear Mr. Robinson:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-31, submitted by the Department of State Police, Automated Fingerprint Identification System Policy Council, pertaining to Automated Fingerprint Identification System (Rescission), to July 30, 1997.

Sincerely,

Representative Candace A. Curtis

Chair

May 7, 1997

Robert T. Sacco

Deputy Secretary of State

Department of State

Dear Mr. Sacco:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-32, submitted by the Department of State, Bureau of Elections, pertaining to Campaign Financing--Committees (Part 2), to August 1, 1997.

Sincerely,

Representative Candace A. Curtis

Chair

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4199, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 30a (MCL 205.30a), as amended by 1995 PA 116.

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

1. Amend page 3, line 4, after "(3)" by inserting "AFTER DECEMBER 31, 1997,".

2. Amend page 3, line 4, after "REFUND" by striking out "AMOUNT THAT IS EQUAL TO" and inserting "BASED ON".

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

Favorable Roll Call

HB 4199 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 7, 1997, at 9:00 a.m.,

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

Absent: Rep. Goschka,

Excused: Rep. Goschka.

The Committee on Senior Citizens and Veterans Affairs, by Rep. Willard, Chair, reported

House Bill No. 4646, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).

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

1. Amend page 3, line 16, after "beginning" by striking out "FEBRUARY 28, 1961" and inserting "OCTOBER 25, 1956".

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

Favorable Roll Call

HB 4646 To Report Out:

Yeas: Reps. Willard, Schermesser, Anthony, Baade, DeHart, Lowe, Kaza, Rocca,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Willard, Chair of the Committee on Senior Citizens and Veterans Affairs, was received and read:

Meeting held on: Wednesday, May 7, 1997, at 12:00 Noon,

Present: Reps. Willard, Schermesser, Anthony, Baade, DeHart, Lowe, Kaza, Rocca,

Absent: Rep. Goschka,

Excused: Rep. Goschka.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4606, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending sections 102, 103, 201, 202, 203, 204, 206, 207, 213, 301, 302, 303, 304, 305, 307, 308, 401, 402, 403, 404, 405, 501, 502, 503, 506, 509, 701, 702, 703, 704, 705, 706, 801, 808, 901, 902, 903, 909, 910, 1002, and 1101 (MCL 450.4102, 450.4103, 450.4201, 450.4202, 450.4203, 450.4204, 450.4206, 450.4207, 450.4213, 450.4301, 450.4302, 450.4303, 450.4304, 450.4305, 450.4307, 450.4308, 450.4401, 450.4402, 450.4403, 450.4404, 450.4405, 450.4501, 450.4502, 450.4503, 450.4506, 450.4509, 450.4701, 450.4702, 450.4703, 450.4704, 450.4705, 450.4706, 450.4801, 450.4808, 450.4901, 450.4902, 450.4903, 450.4909, 450.4910, 450.5002, and 450.5101), sections 701, 702, 703, 705, and 706 as amended by 1994 PA 410, and by adding sections 515, 705a, and 707.

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 4606 To Report Out:

Yeas: Reps. Griffin, Thomas, Callahan, Mans, Murphy, Palamara, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4610, entitled

A bill to amend 1932 (1st Ex Sess) PA 40, entitled "An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 129.12).

With the recommendation that the substitute (H-3)* be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4610 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4635 To Report Out:

Yeas: Reps. Griffin, Thomas, Callahan, Mans, Gernaat, Kaza, Kukuk, Rhead, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4728, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 263 and 264 (MCL 750.263 and 750.264); and to repeal acts and parts of acts.

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

1. Amend page 5, following line 20, by inserting:

"Enacting section 2. This amendatory act takes effect September 1, 1997." and renumbering the remaining enacting section.

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

Favorable Roll Call

HB 4728 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Schermesser, Varga, Gernaat, Kukuk, Rhead, Richner, Walberg,

Nays: Reps. Jaye, Kaza.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4729, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.

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

1. Amend page 4, following line 6, by inserting:

"Enacting section 1. This amendatory act takes effect September 1, 1997." and renumbering the remaining enacting section.

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

Favorable Roll Call

HB 4729 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Schermesser, Varga, Gernaat, Kukuk, Rhead, Richner, Walberg,

Nays: Reps. Jaye, Kaza.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 7, 1997, at 9:00 a.m.,

Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Palamara, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Absent: Rep. Olshove,

Excused: Rep. Olshove.

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 4305, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1998; to make appropriations for state building authority rent and insurance; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

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 4305 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Schroer, Stallworth, Tesanovich, Bobier, McBryde, Oxender,

Nays: Reps. Gilmer, Geiger, Godchaux, Jansen, Jellema, Johnson.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 7, 1997, at 1:00 p.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Absent: Reps. Emerson, Rison, Bankes,

Excused: Reps. Emerson, Rison, Bankes.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:

Meeting held on: Tuesday, May 6, 1997, at 4:15 p.m.,

Present: Reps. Olshove, Thomas, Baade, Dobronski, Hanley, Leland, Wetters, Dobb, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,

Absent: Reps. Alley, Griffin, Gubow, Murphy, Profit,

Excused: Reps. Alley, Griffin, Gubow, Murphy, Profit.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, May 7, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Birkholz, Cropsey,

Absent: Rep. Law.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 7, 1997, at 9:00 a.m.,

Present: Reps. Baade, Brewer, Vaughn, Wetters, Bodem, Brackenridge, Lowe,

Absent: Reps. Willard, Horton,

Excused: Reps. Willard, Horton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 7, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt,

Absent: Reps. Kilpatrick, Middleton,

Excused: Reps. Kilpatrick, Middleton.

Messages from the Senate

Senate Bill No. 199, entitled

The Senate has passed the bill.

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

Senate Bill No. 289, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending sections 15, 16, and 17 (MCL 552.15, 552.16, and 552.17), as amended by 1996 PA 9; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 290, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 7 (MCL 722.27), as amended by 1996 PA 19; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 291, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 7, 10, and 11 (MCL 722.717, 722.720, and 722.721), section 7 as amended by 1996 PA 308, section 10 as amended by 1996 PA 18, and section 11 as amended by 1990 PA 244; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 292, entitled

A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 3 (MCL 722.3), as amended by 1996 PA 17; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 293, entitled

A bill to amend 1966 PA 138, entitled "The family support act," by amending section 2 (MCL 552.452), as amended by 1996 PA 5; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Notices

May 7, 1997

This is to inform you that Representative Shirley Johnson will be replaced by Representative Terry Geiger on the Subcommittee on Judiciary of the House Appropriations Committee.

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

Thank you in advance for your time and consideration in this matter.

Speaker Curtis Hertel

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 1:

Senate Bill Nos. 452 480

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 2:

Senate Bill Nos. 465 466 467

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 5:

Senate Bill Nos. 468 469 470

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, May 7:

House Bill No. 4753

The Clerk announced that the following Senate bills had been received on Wednesday, May 7:

Senate Bill Nos. 74 75 76 262 288 298 329 330 331 434 436

Introduction of Bills

Rep. Griffin introduced

House Bill No. 4754, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16433, 16602, 16914, 17089, 17243, 17434, 17557, 17771, 17823, 18034, 18118, 18238, 18312, 18423, and 18836.

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

Reps. Hood, Cherry, Hanley and Kilpatrick introduced

House Bill No. 4755, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section2 (MCL 432.202).

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

Reps. Griffin, Gustafson, Horton and Kelly introduced

House Bill No. 4756, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding section 6q.

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

Reps. Leland, Freeman, Murphy, Rison, Scott, Wetters, DeHart, Vaughn, Baade, Dobronski, Schauer, Baird, Varga, Martinez, Thomas, Kilpatrick, Hale, Brater, Cherry, Schermesser, Prusi, Agee, Willard, Mathieu, Law, Green, Harder, Wallace, Kelly, Brown, Callahan, Palamara, Profit, Galloway, LaForge, Jaye, Mans, Hanley, Quarles, Olshove and Ciaramitaro introduced

House Bill No. 4757, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.

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

Rep. Kaza introduced

House Bill No. 4758, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 2 (MCL 15.162).

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

Rep. Profit introduced

House Bill No. 4759, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 1996 PA 476.

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

Rep. Profit introduced

House Bill No. 4760, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 27a and 34d (MCL 211.27a and 211.34d), as amended by 1996 PA 476.

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

Rep. Profit introduced

House Bill No. 4761, entitled

A bill to create a grant program in the department of state; to prescribe the powers and duties of certain state officials; to provide for an appropriation; and to provide for the expenditure of the appropriation.

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

Rep. Profit introduced

House Bill No. 4762, entitled

A bill to make an appropriation for the department of state police and certain other state purposes for the fiscal year ending September 30, 1997; and to provide for the expenditure of the appropriation.

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

Reps. Oxender, Griffin, Kukuk, Baade, Godchaux, McBryde, Johnson, LaForge, Leland, Bodem, Goschka, Middleton, Rison, Byl, Jellema, Dalman and Llewellyn introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 54 of article IV and section 30 of article V, to increase the maximum number of terms of certain state officers.

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

______

Rep. Baade moved that the House adjourn.

The motion prevailed, the time being 5:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 8, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.