No. 41

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, May 13, 1997.

2:00 p.m.

The House was called to order by the Associate Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--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--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

Rep. Jack Horton, from the 73rd District, offered the following invocation:

"Almighty God, We come before You today with gratitude and in humility, grateful to be granted the opportunity to serve the citizens of this great state, but also humble as we acknowledge our own failures and limitations.

We ask today for Your wisdom, guidance and blessing. We pray that our deliberations will bring results that not only mirror our intentions but also reflect Your will.

We ask this in the name of Your precious son, Jesus Christ. Amen."

______

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

The motion prevailed.

Third Reading of Bills

House Bill No. 4595, entitled

A bill to amend 1909 PA 99, entitled "An act authorizing the county board of commissioners or the board of auditors in those counties having a board of county auditors, to designate a depository or depositories of public moneys received by county treasurers; prescribing the duties of certain officers; and prescribing penalties," by amending sections 1, 2, 3, 4, 6, 6a, and 10 (MCL 129.31, 129.32, 129.33, 129.34, 129.36, 129.36a, and 129.40).

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

Roll Call No. 297 Yeas--107

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 Murphy Vaughn

Cropsey Hertel Nye Voorhees

Curtis Hood Olshove Walberg

Dalman Horton Owen Wallace

DeHart Jansen Oxender Wetters

DeVuyst Jaye Palamara Whyman

Dobb Jelinek Parks Willard

Dobronski Jellema Perricone Wojno

Emerson Johnson Price

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4596, 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 sections 2 and 4 (MCL 129.12 and 129.14), by adding section 6; and to repeal acts and parts of acts.

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

Roll Call No. 298 Yeas--107

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

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 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 Murphy Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Jellema Perricone

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4597, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of surplus funds of political subdivisions of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1988 PA 239.

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

Roll Call No. 299 Yeas--107

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Galloway Law Rhead

Bankes 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

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Varga

Ciaramitaro Harder Murphy Vaughn

Crissman Hertel Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson Price

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4598, entitled

A bill to amend 1909 PA 321, entitled "An act to provide for the depositing and safeguarding of public moneys belonging to villages within the state of Michigan," by amending sections 1 and 3 (MCL 129.41 and 129.43) and by adding section 5.

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

Roll Call No. 300 Yeas--107

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

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 Murphy Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Jellema Perricone

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4599, entitled

A bill to amend 1934 (1st Ex Sess) PA 23, entitled "An act authorizing the investment in bonds of the home owners' loan corporation and bonds of federal home loan banks by the state and all its departments and political subdivisions, including municipal corporations, and instrumentalities, and by any insurance company, building and loan association or company, savings and loan association or company, bank, trust company or other financial institution, and by any executor, administrator, guardian, trustee or fiduciary; authorizing the use of such bonds as security by any depository of funds; and authorizing certain deposits with the state treasurer to be in such bonds," by amending section 1 (MCL 129.81).

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

Roll Call No. 301 Yeas--107

Agee Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire 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 Murphy Vaughn

Cropsey Hertel Nye Voorhees

Curtis Hood Olshove Walberg

Dalman Horton Owen Wallace

DeHart Jansen Oxender Wetters

DeVuyst Jaye Palamara Whyman

Dobb Jelinek Parks Willard

Dobronski Jellema Perricone Wojno

Emerson Johnson Price

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4601, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), section 3 as amended by 1990 PA 8 and section 7 as amended by 1994 PA 44; and to repeal acts and parts of acts.

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

Roll Call No. 302 Yeas--104

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kelly Profit

Baade Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Raczkowski

Birkholz Galloway 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 Murphy Vaughn

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jaye Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4602, entitled

A bill to amend 1982 PA 367, entitled "Surplus funds investment pool act," by amending section 2 (MCL 129.112).

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

Roll Call No. 303 Yeas--106

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bobier Gernaat Llewellyn Rocca

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4603, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," by amending sections 171 and 231 (MCL 487.471 and 487.531), section 171 as amended by 1996 PA 405 and section 231 as amended by 1991 PA 12.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 304 Yeas--107

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes 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 Murphy Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Jellema Perricone

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4604, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 508 (MCL 487.3508).

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 305 Yeas--107

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes 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 Murphy Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Jellema Perricone

Nays--0

In The Chair: Gire

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 1996 PA 354, entitled "Savings bank act," by amending section 508 (MCL 487.3508) and by adding section 302a.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4605, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 606 (MCL 491.606), as amended by 1987 PA 106.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 306 Yeas--104

Alley Emerson Johnson Perricone

Anthony Fitzgerald Kaza Profit

Baade Frank Kelly Prusi

Baird Freeman Kukuk Quarles

Bankes Gagliardi LaForge Raczkowski

Birkholz Galloway Law Richner

Bobier Geiger Leland Rison

Bodem Gernaat LeTarte Rocca

Bogardus Gilmer Llewellyn Schauer

Brackenridge Gire London Schermesser

Brater Godchaux Lowe Schroer

Brewer Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale McNutt Thomas

Ciaramitaro Hanley Middaugh Varga

Crissman Harder Middleton Vaughn

Cropsey Hertel Murphy Voorhees

Curtis Hood Nye Walberg

Dalman Horton Olshove Wallace

DeHart Jansen Owen Wetters

DeVuyst Jaye Oxender Whyman

Dobb Jelinek Palamara Willard

Dobronski Jellema Parks Wojno

Nays--0

In The Chair: Gire

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 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 606 (MCL 491.606), as amended by 1987 PA 106, and by adding section 300a.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, 2/3 of the members serving voting therefor.

______

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

The motion prevailed.

Senate Bill No. 229, entitled

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

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

Roll Call No. 307 Yeas--105

Agee Emerson Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes 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

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Varga

Ciaramitaro Harder Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Owen Wallace

Dalman Jaye Oxender Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski

Nays--0

In The Chair: Gire

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act relating to the marketing of agricultural commodities; to provide for marketing programs, agreements, referendums by producers, assessments on producers, and commodity committees; and to prescribe the functions of the department of agriculture relative thereto including powers of enforcement of this act; and to prescribe penalties,"

The House agreed to the full title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 230, entitled

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

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

Roll Call No. 308 Yeas--106

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson

Nays--0

In The Chair: Gire

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to provide for the incorporation of municipal authorities to acquire, own and operate water supply and transmission systems; to provide a municipal charter therefor; and to prescribe the powers and functions thereof,"

The House agreed to the full title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 233, entitled

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

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

Roll Call No. 309 Yeas--105

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Oxender Wallace

DeHart Jaye Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 234, entitled

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

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

Roll Call No. 310 Yeas--106

Agee Fitzgerald Kelly Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Curtis Jansen Oxender Wallace

Dalman Jaye Palamara Wetters

DeHart Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Dobronski Kaza

Nays--0

In The Chair: Gire

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; and to repeal certain acts and parts of acts,"

The House agreed to the full title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 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).

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

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

Rep. Nye 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. 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).

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

Roll Call No. 311 Yeas--104

Agee Dobronski Jellema Perricone

Alley Emerson Johnson Price

Anthony Fitzgerald Kaza Profit

Baade Frank Kelly Prusi

Baird Freeman Kukuk Quarles

Bankes 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 Tesanovich

Cassis Gustafson McManus Thomas

Cherry Hale McNutt Varga

Ciaramitaro Hammerstrom Middaugh Vaughn

Crissman Hanley Middleton Voorhees

Cropsey Harder Murphy Walberg

Curtis Hood Nye Wallace

Dalman Horton Olshove Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Nays--0

In The Chair: Gire

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 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 sections 2 and 4 (MCL 129.12 and 129.14) and by adding section 6.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4600, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 622, 1221, and 1223 (MCL 380.622, 380.1221, and 380.1223), sections 622 and 1223 as amended by 1986 PA 132 and section 1221 as amended by 1986 PA 416.

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

Roll Call No. 312 Yeas--107

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Law Rhead

Bankes Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bobier Gernaat Llewellyn Rocca

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson Price

Nays--0

In The Chair: Gire

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 451, entitled "The revised school code," by amending sections 622, 1221, and 1223 (MCL 380.622, 380.1221, and 380.1223), sections 622 and 1223 as amended by 1986 PA 132 and section 1221 as amended by 1994 PA 416.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4593, entitled

A bill to amend 1954 PA 70, entitled "An act relative to agreements providing for the final disposition of a dead human body; and to prescribe penalties for violations of the provisions of this act," by amending section 1 (MCL 328.201), as amended by 1982 PA 366.

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

Roll Call No. 313 Yeas--106

Agee Frank Kelly Profit

Anthony Freeman Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Birkholz Gernaat LeTarte Richner

Bobier Gilmer Llewellyn Rison

Bodem Gire London Rocca

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brater Green Martinez Schroer

Brewer Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Callahan Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Oxender Wallace

DeHart Jaye Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Fitzgerald Kaza

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4594, entitled

A bill to amend 1965 PA 314, entitled "An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers," by amending section 20c (MCL 38.1140c), as amended by 1996 PA 485.

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

Roll Call No. 314 Yeas--106

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy 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 Johnson

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4589, entitled

A bill to amend 1915 PA 59, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by amending section 25 (MCL 247.425).

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

Roll Call No. 315 Yeas--105

Agee Frank Kaza Price

Alley Freeman Kelly Profit

Anthony Gagliardi Kukuk Prusi

Baird Galloway LaForge Quarles

Bankes Geiger Law Raczkowski

Birkholz Gernaat Leland Rhead

Bobier Gilmer LeTarte Richner

Bodem Gire Llewellyn Rison

Bogardus Godchaux London Rocca

Brackenridge Goschka Lowe Schauer

Brater Green Mans Schermesser

Brewer Griffin Martinez Schroer

Brown Gubow Mathieu Scott

Callahan Gustafson McBryde Scranton

Cassis Hale McManus Sikkema

Cherry Hammerstrom McNutt Stallworth

Ciaramitaro Hanley Middaugh Tesanovich

Crissman Harder Middleton Thomas

Cropsey Hertel Murphy Varga

Curtis Hood Nye Vaughn

Dalman Horton Olshove Voorhees

DeHart Jansen Owen Walberg

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4590, entitled

A bill to amend 1925 PA 381, entitled "An act to authorize certain counties to combine for the purpose of planning systems of inter-county highways, super-highways and limited access highways; to define the terms "super-highways" and "limited access highways"; to authorize the establishment of inter-county highway commissions; to prescribe their powers and duties; to provide for the appropriation of funds therefor; and to empower counties to legislate with respect thereto," by amending section 6 (MCL 252.6).

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

Roll Call No. 316 Yeas--106

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Raczkowski

Baird Galloway Law Rhead

Bankes Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Curtis Horton Oxender Wallace

Dalman Jansen Palamara Wetters

DeHart Jaye Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski Johnson

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

The motion prevailed, 2/3 of the members serving voting therefor.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4202, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803e and 803i (MCL 257.803e and 257.803i), as amended by 1994 PA 104.

(The bill was received from the Senate on May 6, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 7.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 317 Yeas--106

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson

Nays--0

In The Chair: Gire

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Reps. Birkholz, Bodem, Emerson, Jansen, Jellema, Lowe, Mathieu, Rhead, Richner and Willard were named co-sponsors of the bill.

The Speaker laid before the House

House Bill No. 4219, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a, 1203b, and 1210a; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 6, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 7.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

Reps. Varga, Hale and Quarles moved to amend the substitute (S-1) as follows:

1. Amend page 2, following line 18, by inserting:

"(v) NATURAL HAIR CULTIVATION.".

2. Amend page 3, line 24, after "WAVING," by inserting "WEAVING, PLAITING, CRIMPING, BRAIDING,".

3. Amend page 4, line 22, after "HAIR" by striking out the balance of the subdivision and inserting a period and:

"(N) "NATURAL HAIR CULTURIST" MEANS A PERSON ENGAGED IN NATURAL HAIR CULTIVATION." and relettering the remaining subdivisions.

4. Amend page 6, line 5, after the second "SERVICES," by inserting "NATURAL HAIR CULTIVATION,".

5. Amend page 6, line 10, after the first "SERVICES" by inserting a comma and "NATURAL HAIR CULTIVATION,".

6. Amend page 6, line 11, after "MANICURIST" by inserting a comma and "NATURAL HAIR CULTURIST,".

7. Amend page 6, line 14, after "MANICURIST" by inserting a comma and "NATURAL HAIR CULTURIST,".

8. Amend page 7, line 26, after "SERVICES" by inserting a comma and "NATURAL HAIR CULTIVATION,".

9. Amend page 13, line 18, after the second "A" by inserting "NATURAL HAIR CULTIVATION,".

10. Amend page 14, line 11, after "IN" by inserting "NATURAL HAIR CULTIVATION,".

11. Amend page 15, line 16, after "MANICURIST" by inserting a comma and "NATURAL HAIR CULTURIST,".

12. Amend page 16, line 20, after "which" by inserting "NATURAL HAIR CULTIVATION,".

13. Amend page 18, line 21, after "AFTER" by striking out "DECEMBER 31, 1999" and inserting "THE EXPIRATION OF 12 MONTHS AFTER THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT AMENDED THIS SECTION".

14. Amend page 19, line 7, after "(E)" by inserting "IF AN EXAMINATION IS AVAILABLE,".

15. Amend page 19, line 9, after "UNTIL" by striking out "DECEMBER 31, 1999" and inserting "THE EXPIRATION OF 12 MONTHS AFTER THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SUBSECTION".

16. Amend page 19, line 16, after "HAVING" by striking out "BEEN TRAINED" and inserting "OBTAINED THE EQUIVALENT OF 6 MONTHS OF FULL-TIME EXPERIENCE".

17. Amend page 19, line 17, after "STATE" by striking out the balance of the subdivision and inserting "WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF APPLICATION.".

18. Amend page 19, line 18, after "(E)" by inserting "IF AN EXAMINATION IS AVAILABLE,".

19. Amend page 19, following line 19, by inserting:

"SEC. 1210A. (1) AFTER THE EXPIRATION OF 12 MONTHS AFTER THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT SHALL ISSUE A LICENSE TO PRACTICE NATURAL HAIR CULTIVATION TO AN INDIVIDUAL WHO FULFILLS ALL OF THE FOLLOWING:

(A) IF AN EXAMINATION IS AVAILABLE, HAS PASSED AN EXAMINATION PRESCRIBED BY THE DEPARTMENT AND THE BOARD.

(B) IS AT LEAST 17 YEARS OF AGE.

(C) IS OF GOOD MORAL CHARACTER.

(D) HAS AN EDUCATION EQUIVALENT TO THE COMPLETION OF THE NINTH GRADE.

(E) HAS TRAINING OF AT LEAST 400 HOURS EXTENDING OVER A PERIOD OF AT LEAST 3 MONTHS IN A SCHOOL OF COSMETOLOGY APPROVED BY THE DEPARTMENT WHERE SERVICES RELATING TO NATURAL HAIR CULTIVATION ARE RENDERED OR HAS SERVED AT LEAST 6 MONTHS AS AN APPRENTICE IN A LICENSED COSMETOLOGY ESTABLISHMENT IN WHICH NATURAL HAIR CULTIVATION IS PRACTICED.

(2) UNTIL THE EXPIRATION OF 12 MONTHS AFTER THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT SHALL ISSUE A LICENSE TO PRACTICE NATURAL HAIR CULTIVATION TO AN INDIVIDUAL WHO FULFILLS ALL OF THE FOLLOWING:

(A) IF AN EXAMINATION IS AVAILABLE, HAS PASSED AN EXAMINATION PRESCRIBED BY THE BOARD AND THE DEPARTMENT.

(B) IS AT LEAST 17 YEARS OF AGE.

(C) IS OF GOOD MORAL CHARACTER.

(D) HAS AN EDUCATION EQUIVALENT TO THE COMPLETION OF THE NINTH GRADE.

(E) PROVIDES EVIDENCE OF HAVING OBTAINED THE EQUIVALENT OF 6 MONTHS' FULL-TIME EXPERIENCE IN NATURAL HAIR CULTIVATION WITHIN THE PRECEDING 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF APPLICATION IN THIS OR ANY OTHER STATE.".

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

The question being on concurring in the adoption of the substitute (S-1) as amended,

The substitute (S-1) as amended was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 318 Yeas--106

Agee Fitzgerald Kelly Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Godchaux Lowe Schauer

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Callahan Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Oxender Wallace

DeHart Jaye Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson Kaza

Nays--0

In The Chair: Gire

The Speaker laid before the House

House Bill No. 4220, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

(The bill was received from the Senate on May 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 7.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

Reps. Varga, Hale and Quarles moved to amend the substitute (S-1) as follows:

1. Amend page 1, line 2, after "manicurist," by inserting "NATURAL HAIR CULTURIST,".

2. Amend page 2, line 3, after "manicurist," by inserting "NATURAL HAIR CULTURIST,".

3. Amend page 2, line 8, after "manicurist," by inserting "NATURAL HAIR CULTURIST,".

4. Amend page 2, line 14, after "manicurist," by inserting "NATURAL HAIR CULTURIST,".

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

The question being on concurring in the adoption of the substitute (S-1) as amended,

The substitute (S-1) as amended was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 319 Yeas--91

Agee Dobb Johnson Price

Alley Dobronski Kelly Prusi

Anthony Emerson LaForge Quarles

Baade Fitzgerald Law Raczkowski

Baird Freeman Leland Rhead

Bankes Gagliardi LeTarte Richner

Birkholz Galloway Llewellyn Rison

Bobier Geiger London Schauer

Bodem Gernaat Lowe Schermesser

Brackenridge Gilmer Mans Schroer

Brater Gire Martinez Scott

Brewer Godchaux Mathieu Scranton

Brown Green McManus Sikkema

Byl Griffin McNutt Stallworth

Callahan Gubow Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Olshove Vaughn

Crissman Hertel Owen Wallace

Curtis Hood Oxender Wetters

Dalman Jansen Palamara Willard

DeHart Jelinek Parks Wojno

DeVuyst Jellema Perricone

Nays--15

Bogardus Horton McBryde Voorhees

Cropsey Jaye Nye Walberg

Frank Kaza Profit Whyman

Goschka Kukuk Rocca

In The Chair: Gire

The House agreed to the full title of the bill.

______

The Speaker assumed the Chair.

Second Reading of Bills

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.

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

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

______

Rep. Green moved that Rep. Gustafson be excused temporarily from today's session.

The motion prevailed.

Rep. McBryde moved to amend the bill as follows:

1. Amend page 13, following line 5, by inserting:

"Sec. 219. In light of section 1 of 1846 RS 83, MCL 551.1 and section 1 of 1939 PA 168, MCL 551.271, it is the intent of the legislature that a community college receiving funding under this act shall not use section 101 funds to extend employee benefits to the unmarried partners of the community college's employees.".

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

Rep. McBryde demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 320 Yeas--51

Baade Geiger Kukuk Oxender

Birkholz Gernaat Law Palamara

Bodem Goschka LeTarte Perricone

Brackenridge Green Llewellyn Raczkowski

Brown Griffin London Rhead

Byl Hammerstrom Lowe Richner

Cassis Harder McBryde Rocca

Cropsey Horton McManus Sikkema

Curtis Jansen McNutt Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald Jellema Nye Wojno

Frank Kaza Olshove

Nays--52

Agee Emerson LaForge Schauer

Anthony Freeman Leland Schermesser

Baird Gagliardi Mans Schroer

Bogardus Galloway Martinez Scott

Brater Gilmer Mathieu Scranton

Brewer Godchaux Murphy Stallworth

Callahan Gubow Owen Tesanovich

Cherry Hale Parks Thomas

Ciaramitaro Hanley Price Varga

Crissman Hertel Profit Vaughn

DeHart Hood Prusi Wallace

Dobb Johnson Quarles Wetters

Dobronski Kelly Rison Willard

In The Chair: Hertel

Rep. Scott moved to amend the bill as follows:

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

"Highland Park Community College $ 6,545,650"

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

2. Amend page 21, following line 23, by inserting:

"Sec. 503. (1) The appropriation for Highland Park Community College operations shall not be expended unless Highland Park Community College does all of the following:

(a) Corrects all current state and local health and safety code violations by not later than September 1, 1997.

(b) Adopts clear rules and procedures that separate the finances of the college from those of the Highland Park school district, follows those rules and procedures, and expeditiously takes all steps necessary and appropriate to have restrictions on the college's financial aid programs removed.

(c) To rehabilitate the college's instructional and administrative facilities, adopts a plan by January 15, 1998 and implements the plan according to schedule.

(d) Adopts a plan that will obtain a positive year-end balance in each of the college's operating funds by June 30, 1997 and implements the plan according to schedule. Until the date when each of the college's operating funds has a positive year-end balance, the college shall freeze the salary of all college employees, expend no funds for out-of-state travel for college employees or board members, and reduce administrative costs. Upon the conclusion of each quarter of the college's fiscal year, the college shall submit to the department of management and budget and the house and senate fiscal agencies a report on compliance with all of the requirements in this section.

(2) If the department of management and budget and the house and senate fiscal agencies agree that the college is not in substantial compliance with any of the requirements of this section, they shall report this finding to the legislature and may recommend that funding for the college be terminated. Administrative costs shall be cut.".

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

Rep. Scott demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 321 Yeas--44

Agee DeHart Leland Schermesser

Anthony Frank Martinez Scott

Baird Freeman Mathieu Scranton

Bankes Gagliardi Murphy Stallworth

Bogardus Gire Olshove Tesanovich

Brater Gubow Palamara Thomas

Brewer Hale Parks Varga

Brown Hanley Prusi Vaughn

Callahan Harder Quarles Voorhees

Cherry Hertel Rison Wallace

Ciaramitaro Hood Schauer Wojno

Nays--53

Birkholz Geiger Johnson Owen

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kelly Perricone

Brackenridge Godchaux LeTarte Price

Byl Goschka London Raczkowski

Cassis Green Lowe Rhead

Crissman Griffin Mans Richner

Cropsey Hammerstrom McBryde Rocca

Curtis Horton McManus Schroer

Dalman Jansen McNutt Sikkema

DeVuyst Jaye Middaugh Walberg

Dobb Jelinek Middleton Whyman

Fitzgerald Jellema Nye Willard

Galloway

In The Chair: Hertel

Rep. Price moved to amend the bill as follows:

1. Amend page 17, line 12, by striking out all of section 403 and inserting:

"Sec. 403. (1) The partnerships for employment grant is established. For the initial fiscal year of this grant ending September 30, 1998, the funds shall be distributed to the colleges as described in subsection (5). For subsequent fiscal years, the department of management and budget shall make grants to the community colleges for specific projects aimed at creating partnerships between community colleges and local businesses or local business alliances who will provide guaranteed employment upon completion of certain instituted certificate programs designed to fill local employment needs and pursuant to the recommendations of the department of education.

(2) A community college in partnership with local businesses interested in the partnerships for employment grant program shall submit grant proposals for the fiscal year ending September 30, 1998 to the department of education no later than November 15, 1997.

(3) The department of education shall evaluate the grant proposals submitted by the deadline using the criteria in subsection (4) and shall determine the disposal of grant funding to the community colleges, but shall not exceed the appropriations amount in subsection (5). The department of education shall present a report at a public hearing to the house and senate appropriations subcommittees on community colleges no later than February 1, 1998. The report shall detail successful and unsuccessful grant applicants, the criteria used for evaluation, and the grant amounts allocated to the successful applicants. The department of education shall formally recommend to the department of management and budget and the department of treasury the proposals to be funded and the amount of funding to be released for each project, but the funding for each community college shall not exceed the amount allocated in subsection (5) except as provided in subsection (7).

(4) All of the following criteria shall be scored when evaluating project proposals:

(a) The likelihood of the project directly providing a discrete population of unemployed or underemployed workers with job skills that will lead to guaranteed employment by the business partner involved in a specific certificate program.

(b) Demonstration of a partnership formally existing between 1 or more businesses and the community college to design, implement, and teach students the skills necessary to be guaranteed employment upon certificate completion by the businesses involved in the partnership with the community college.

(c) An identifiable population and number of students, businesses, and employment needs to be served.

(5) Of the amount appropriated in section 101 for the partnerships for employment grant for the fiscal year ending September 30, 1998, $2,270,700.00 shall be distributed to the colleges whose proposals are approved by the department of education in accordance with subsection (3) as follows:

Alpena Community College $ 50,000

Bay de Noc Community College 50,000

Delta College 104,200

Glen Oaks Community College 50,000

Gogebic Community College 50,000

Grand Rapids Community College 119,400

Henry Ford Community College 118,300

Jackson Community College 53,600

Kalamazoo Valley Community College 82,000

Kellogg Community College 50,000

Kirtland Community College 50,000

Lake Michigan College 50,000

Lansing Community College 156,100

Macomb Community College 215,400

Mid-Michigan Community College 50,000

Monroe Community College 50,000

Montcalm Community College 50,000

Mott Community College 103,500

Muskegon Community College 50,000

North Central Michigan College 50,000

Northwestern Michigan College 50,000

Oakland Community College 250,000

St. Clair Community College 50,000

Schoolcraft College 86,100

Southwestern Michigan College 50,000

Washtenaw Community College 84,300

Wayne County Community College 97,800

West Shore Community College 50,000

(6) It is the intent of the legislature in fiscal years following the fiscal year ending September 30, 1998, that each college shall receive a minimum grant of $50,000.00, with the remaining funding based upon the merit of proposals and compliance with the criteria listed in subsection (4). However, a college shall not receive more than $250,000.00 under this subsection.

(7) Grant funds that are not allocated in subsection (5) shall be redistributed to the 28 community colleges using the Gast-Mathieu fairness in funding formula, with the total redistribution using the formula totaling not more than $113,535.00. If nonallocated grant funds total more than $113,535.00, then the remaining nonallocated grant funds shall be redistributed to successful grant applicants. Each successful grant applicant shall receive the same percentage of the remaining nonallocated grant funds that the applicant received of the total amount of grant funds awarded by the department of education. As used in this subsection, a "successful applicant" is an applicant whose proposal was approved under subsection (5). A community college's total grant allocation may exceed the amount listed in subsection (5) if additional funding is granted under this subsection.

(8) Grants received by colleges under this section may only be used for the purposes for which the grant was awarded and shall not be transferred to other parts of a college's operation.

(9) The colleges shall certify to the state treasurer, the department of management and budget, the house and senate fiscal agencies, and the auditor general that all grant dollars received under this section are expended or encumbered within 12 months of receipt, unless extended by the review panel created in subsection (3). Those funds not expended shall lapse to the state's general fund.

(10) The state department of education, in cooperation with the state's community colleges, shall submit a report within 60 days after the end of the fiscal year ending September 30, 1998 to the chairs of the appropriations subcommittees on community colleges of the senate and house of representatives on each grant released under the community college partnerships for employment grant, including the accomplishments of the projects, the number of students or businesses served, the job skills acquired, where each student was placed in employment, and the wage or salary earned at placement date. The colleges shall maintain documentation substantiating their partnership with businesses in forming specific certificate programs to fill employment needs, and proof of guaranteed employment upon certificate completion. The documentation is subject to review by the state auditor general.".

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 13, following line 5, following section 219, by inserting:

"Sec. 220. (1) Funds appropriated under this act shall not be expended to provide health care coverage for community college employees or their dependents for abortion services, other than for spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed, if those services are not required by a collective bargaining agreement.

(2) A community college shall not approve a collective bargaining agreement which includes health care coverage for abortion services other than spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed. This section shall not prohibit a health care benefit program which provides for an employee-paid rider providing coverage for abortion services.

(3) If a community college receiving funds under this act expends funds in violation of subsection (1), the appropriation under this act for that community college is reduced by 5%.".

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

Rep. McManus 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 not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 322 Yeas--54

Alley Gagliardi LeTarte Owen

Baade Geiger Llewellyn Oxender

Birkholz Gernaat London Palamara

Bodem Goschka Lowe Perricone

Brackenridge Green Mans Raczkowski

Brown Griffin Mathieu Rhead

Byl Hammerstrom McBryde Richner

Callahan Harder McManus Rocca

Cassis Horton McNutt Sikkema

Ciaramitaro Jansen Middaugh Voorhees

Cropsey Jaye Middleton Walberg

Dalman Jellema Nye Whyman

DeVuyst Kaza Olshove Wojno

Frank Kukuk

Nays--51

Agee Dobronski Jelinek Schermesser

Anthony Emerson Johnson Schroer

Baird Fitzgerald Kelly Scott

Bankes Freeman LaForge Scranton

Bobier Galloway Leland Stallworth

Bogardus Gilmer Martinez Tesanovich

Brater Gire Murphy Thomas

Brewer Godchaux Parks Varga

Cherry Gubow Profit Vaughn

Crissman Hale Prusi Wallace

Curtis Hanley Quarles Wetters

DeHart Hertel Rison Willard

Dobb Hood Schauer

In The Chair: Hertel

Rep. Kelly, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted No on Ammend #6 HB 4305 because I will not vote in favor of any legislation that obstructs or interferes with the collective bargaining process on the local level."

Rep. Crissman moved to amend the bill as follows:

1. Amend page 9, line 15, by striking out all of section 210 and inserting:

"Sec. 210. A community college shall not use funds appropriated in section 101 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or gender for the purpose of employment or promotion of administrators or employees or for the purpose of awarding contracts at that community college.".

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

Rep. Crissman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 323 Yeas--62

Alley Galloway Johnson Oxender

Bankes Geiger Kaza Palamara

Birkholz Gernaat Kukuk Perricone

Bobier Gilmer Law Raczkowski

Bodem Gire Llewellyn Rhead

Brackenridge Godchaux London Richner

Brown Goschka Lowe Rocca

Cassis Green Mans Schauer

Ciaramitaro Griffin McBryde Scranton

Crissman Gustafson McManus Sikkema

Cropsey Hammerstrom McNutt Voorhees

Dalman Horton Middaugh Walberg

DeVuyst Jansen Middleton Whyman

Dobb Jaye Nye Willard

Fitzgerald Jelinek Olshove Wojno

Frank Jellema

Nays--36

Agee Hale Murphy Schroer

Anthony Hanley Owen Scott

Baird Hertel Parks Stallworth

Brater Hood Price Tesanovich

Byl Kelly Profit Thomas

Cherry LaForge Prusi Varga

DeHart Leland Quarles Vaughn

Dobronski Martinez Rison Wallace

Gubow Mathieu Schermesser Wetters

In The Chair: Hertel

Rep. Dalman moved to amend the bill as follows:

1. Amend page 13, following line 5, by inserting:

"Sec. 219. (1) An institution receiving funding under this act and also subject to the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381, shall furnish by September 1, 1997 to the Michigan department of education, a copy of all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381.

(2) The Michigan department of education shall compile and make this information available in written and electronic internet format for school districts, parents, and students.".

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 324 Yeas--106

Agee Fitzgerald Kelly Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Curtis Horton Oxender Wallace

Dalman Jansen Palamara Wetters

DeHart Jaye Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski Kaza

Nays--0

In The Chair: Hertel

Rep. Harder moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Jansen.

The question being on the motion made by Rep. Harder,

Rep. Martinez demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Harder,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 325 Yeas--58

Alley Gagliardi Kukuk Olshove

Baade Geiger Law Owen

Birkholz Gernaat LeTarte Oxender

Bodem Goschka Llewellyn Palamara

Brackenridge Green London Perricone

Brown Griffin Lowe Raczkowski

Byl Gustafson Mans Rhead

Callahan Hammerstrom Mathieu Richner

Cassis Harder McBryde Rocca

Ciaramitaro Horton McManus Sikkema

Cropsey Jansen McNutt Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald Jellema Nye Wojno

Frank Kaza

Nays--48

Agee Dobb Johnson Schauer

Anthony Dobronski Kelly Schermesser

Baird Freeman LaForge Schroer

Bankes Galloway Leland Scranton

Bobier Gilmer Martinez Stallworth

Bogardus Gire Murphy Tesanovich

Brater Godchaux Parks Thomas

Brewer Gubow Price Varga

Cherry Hale Profit Vaughn

Crissman Hanley Prusi Wallace

Curtis Hertel Quarles Wetters

DeHart Hood Rison Willard

In The Chair: Hertel

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 326 Yeas--56

Alley Gagliardi Kaza Nye

Baade Geiger Kukuk Olshove

Birkholz Gernaat Law Owen

Bodem Goschka LeTarte Palamara

Brackenridge Green Llewellyn Perricone

Brown Griffin London Raczkowski

Byl Gustafson Lowe Rhead

Callahan Hammerstrom Mans Richner

Cassis Harder Mathieu Rocca

Ciaramitaro Horton McBryde Sikkema

Cropsey Jansen McManus Voorhees

Dalman Jaye McNutt Walberg

DeVuyst Jelinek Middaugh Whyman

Frank Jellema Middleton Wojno

Nays--50

Agee Dobronski Kelly Schermesser

Anthony Fitzgerald LaForge Schroer

Baird Freeman Leland Scott

Bankes Galloway Martinez Scranton

Bobier Gilmer Murphy Stallworth

Bogardus Gire Parks Tesanovich

Brater Godchaux Price Thomas

Brewer Gubow Profit Varga

Cherry Hale Prusi Vaughn

Crissman Hanley Quarles Wallace

Curtis Hertel Rison Wetters

DeHart Hood Schauer Willard

Dobb Johnson

In The Chair: Hertel

Rep. Crissman moved to amend the bill as follows:

1. Amend page 9, line 15, by striking out all of section 210.

2. Amend page 13, following line 5, following section 220, by inserting:

"Sec. 221. A community college shall not use funds appropriated in section 101 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or gender for the purpose of admissions or the granting of scholarships at that community college.".

Rep. Crissman moved that the amendments be considered separately.

The motion prevailed.

The question being on the adoption of the amendment No. 1 offered by Rep. Crissman,

Rep. Crissman withdrew the amendment.

The question being on the adoption of the amendment No. 2 offered by Rep. Crissman,

Rep. Crissman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment No. 2 offered by Rep. Crissman,

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

Roll Call No. 327 Yeas--56

Alley Frank Jellema Olshove

Bankes Gagliardi Johnson Palamara

Birkholz Galloway Kaza Perricone

Bobier Geiger Kukuk Raczkowski

Bodem Gernaat Law Rhead

Brackenridge Godchaux Llewellyn Richner

Brown Goschka London Rocca

Callahan Green Lowe Scranton

Cassis Gustafson McBryde Sikkema

Crissman Hammerstrom McManus Voorhees

Cropsey Horton McNutt Walberg

Dalman Jansen Middaugh Whyman

DeVuyst Jaye Middleton Willard

Dobb Jelinek Nye Wojno

Nays--48

Agee Fitzgerald Leland Rison

Anthony Freeman LeTarte Schauer

Baade Gilmer Mans Schermesser

Baird Gire Martinez Schroer

Bogardus Gubow Mathieu Scott

Brater Hale Murphy Stallworth

Byl Hanley Owen Tesanovich

Cherry Harder Oxender Thomas

Ciaramitaro Hertel Price Varga

Curtis Hood Profit Vaughn

DeHart Kelly Prusi Wallace

Dobronski LaForge Quarles Wetters

In The Chair: Hertel

Rep. Richner moved to amend the bill as follows:

1. Amend page 13, following line 5, following section 221, by inserting:

"Sec. 222. Funds appropriated in section 101 shall not be used to offer courses or programs in casino management or casino operations.".

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 17, following line 4, by inserting:

"(10) A community college receiving grant money under this section shall employ a bill collection agency to collect a course fee from a public, charter, private, or religious school that issued a high school diploma to a student who requires remedial instruction in math, science, english, or writing at the high school level if the student received a passing grade in that course at the school from which he or she received the diploma.".

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

Roll Call No. 328 Yeas--20

Birkholz Green Kaza Rhead

Brewer Gustafson Kukuk Rocca

Cropsey Horton Llewellyn Sikkema

DeVuyst Jansen Perricone Voorhees

Goschka Jaye Raczkowski Whyman

Nays--80

Agee Dobb Jellema Profit

Alley Dobronski Kelly Prusi

Anthony Fitzgerald LaForge Quarles

Baade Frank Leland Richner

Baird Freeman LeTarte Rison

Bankes Gagliardi London Schauer

Bodem Galloway Lowe Schermesser

Bogardus Geiger Mans Schroer

Brackenridge Gernaat Martinez Scott

Brater Gilmer Mathieu Scranton

Brown Gire McBryde Stallworth

Byl Godchaux McManus Tesanovich

Callahan Gubow McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Walberg

Crissman Harder Owen Wallace

Curtis Hertel Oxender Wetters

Dalman Hood Parks Willard

DeHart Jelinek Price Wojno

In The Chair: Hertel

Reps. Raczkowski, Dobb and Cassis moved to amend the bill as follows:

1. Amend page 13, following line 15, following section 221, by inserting:

"Sec. 222. A community college shall not receive any funds of reimbursement from any school district that has dual-enrolled students, until the specified dual-enrolled student has completed the course that is being reimbursed.".

The question being on the adoption of the amendment offered by Reps. Raczkowski, Dobb and Cassis,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Raczkowski, Dobb and Cassis,

Rep. Middleton moved to amend the Raczkowski, Dobb and Cassis amendment as follows:

1. Amend the Raczkowski, Dobb and Cassis amendment, page 13, line 15, section 222, after "reimbursed." by inserting "The dual-enrolled student who fails to complete a course at a community college shall pay the community college for the course that the student failed to complete.".

Point of Order

Rep. Price requested a ruling of the Chair as to whether or not the Middleton amendment to the Raczkowski, Dobb and Cassis amendment is germane. The Chair ruled the amendment to the amendment is germane.

______

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

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

Rep. Gustafson moved that Rep. Sikkema be excused temporarily from today's session.

The motion prevailed.

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

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

The question being on the adoption of the amendment offered previously by Reps. Raczkowski, Dobb and Cassis,

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

Roll Call No. 329 Yeas--93

Agee Frank Kaza Price

Alley Freeman Kelly Prusi

Anthony Gagliardi Kukuk Quarles

Baade Galloway LaForge Raczkowski

Baird Geiger Law Rhead

Bankes Gernaat Leland Richner

Birkholz Gilmer Llewellyn Rison

Bobier Godchaux London Rocca

Bodem Goschka Lowe Schauer

Brackenridge Green Mans Schermesser

Brater Gubow Martinez Scott

Brewer Gustafson Mathieu Scranton

Brown Hammerstrom McBryde Stallworth

Byl Hanley McManus Tesanovich

Callahan Harder McNutt Thomas

Cassis Hertel Middaugh Varga

Ciaramitaro Hood Middleton Vaughn

Crissman Horton Murphy Voorhees

Cropsey Jansen Nye Walberg

Curtis Jaye Olshove Wallace

DeHart Jelinek Oxender Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski

Nays--7

Bogardus Dalman Hale Wetters

Cherry Gire LeTarte

In The Chair: Hertel

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

1. Amend page 1, line 1, by striking out all of section 101 and inserting:

"Sec. 101. There is appropriated for community colleges and certain other state purposes relating to education, subject to the conditions set forth in this act, for the fiscal year ending September 30, 1998, the following amounts:

SUMMARY UNIT FOR COMMUNITY COLLEGES

GROSS APPROPRIATION $ 276,606,986

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 276,606,986

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total local and private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 276,606,986

OPERATIONS

Alpena Community College $ 4,448,346

Bay de Noc Community College 4,122,539

Delta College 12,951,545

Glen Oaks Community College 1,957,056

Gogebic Community College 3,925,342

Grand Rapids Community College 17,178,320

Henry Ford Community College 19,253,418

Jackson Community College 11,390,670

Kalamazoo Valley Community College 9,811,502

Kellogg Community College 8,144,578

Kirtland Community College 2,812,022

Lake Michigan College 4,501,907

Lansing Community College 28,093,618

Macomb Community College 30,555,401

Mid Michigan Community College 3,648,173

Monroe County Community College 3,582,440

Montcalm Community College 2,915,917

Mott Community College 14,222,414

Muskegon Community College 8,063,287

North Central Michigan College 2,699,168

Northwestern Michigan College 7,867,728

Oakland Community College 19,873,907

St. Clair County Community College 6,348,948

Schoolcraft College 10,727,896

Southwestern Michigan College 5,211,579

Washtenaw Community College 10,284,286

Wayne County Community College 15,869,022

West Shore Community College 2,061,991

GROSS APPROPRIATION $ 272,523,020

State general fund/general purpose $ 272,523,020

GRANTS

At risk student success program $ 3,584,566

Renaissance zone tax reimbursement funding 288,500

Highland Park Community College 210,900

GROSS APPROPRIATION $ 4,083,966

State general fund/general purpose $ 4,083,966".

2. Amend page 17, line 12, by striking out all of section 403.

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Quarles 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 amendments offered by Reps. Gilmer 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. 330 Yeas--28

Birkholz Green Kukuk Richner

Bobier Gustafson Law Rocca

Brackenridge Hammerstrom LeTarte Schauer

Cropsey Jaye Middaugh Scranton

Dalman Jelinek Nye Voorhees

Geiger Jellema Oxender Walberg

Gilmer Johnson Perricone Wetters

Nays--76

Agee DeVuyst Kaza Price

Alley Dobb Kelly Profit

Anthony Dobronski LaForge Prusi

Baade Frank Leland Quarles

Baird Freeman Llewellyn Raczkowski

Bankes Gagliardi London Rhead

Bodem Galloway Lowe Rison

Bogardus Gernaat Mans Schermesser

Brater Gire Martinez Schroer

Brewer Godchaux Mathieu Scott

Brown Goschka McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Hale McNutt Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Ciaramitaro Hertel Olshove Wallace

Crissman Hood Owen Whyman

Curtis Horton Palamara Willard

DeHart Jansen Parks Wojno

In The Chair: Hertel

Rep. Cassis moved to amend the bill as follows:

1. Amend page 13, following line 5, following section 222, by inserting:

"Sec. 223. (1) Of the funding appropriated in section 101 to each community college for operations, if there is an amount that is greater than 3% than that appropriated for the fiscal year ending September 30, 1997, this funding increment is the Michigan legislative tuition restraint incentive. To be eligible to receive funding under this initiative, each community college shall certify to the state budget director by October 1, 1997, that the increase in required annual tuition and fees for resident students as established by the community college's board of control for the 1997-98 academic year, is not greater than the projected increase in the Detroit consumer price index, as determined by the May 1997 consensus revenue conference established under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, or 3%, whichever is greater.

(2) By October 15, 1997, the state budget director shall allocate any remaining funding under this initiative among the eligible community colleges pro rata to the operations appropriations in section 101 for all eligible community colleges. The Michigan legislative tuition restraint initiative funding shall be paid out of the state treasury in the same manner and time as provided in section 202.".

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 331 Yeas--42

Birkholz Gilmer Kaza Perricone

Bobier Godchaux Kukuk Raczkowski

Brewer Goschka Law Rhead

Cassis Green Llewellyn Richner

Crissman Gustafson London Rocca

Cropsey Horton Lowe Scranton

DeVuyst Jansen McBryde Voorhees

Dobb Jaye McManus Walberg

Galloway Jelinek Middleton Whyman

Geiger Jellema Nye Willard

Gernaat Johnson

Nays--62

Agee Dalman Leland Prusi

Alley DeHart LeTarte Quarles

Anthony Dobronski Mans Rison

Baade Frank Martinez Schauer

Baird Freeman Mathieu Schermesser

Bankes Gagliardi McNutt Schroer

Bodem Gire Middaugh Scott

Bogardus Gubow Murphy Stallworth

Brackenridge Hale Olshove Tesanovich

Brater Hammerstrom Owen Thomas

Brown Hanley Oxender Varga

Byl Harder Palamara Vaughn

Callahan Hertel Parks Wallace

Cherry Hood Price Wetters

Ciaramitaro Kelly Profit Wojno

Curtis LaForge

In The Chair: Hertel

Rep. Agee moved to reconsider the vote by which the House adopted the amendment offered previously by Rep.Jansen.

______

Point of Order

Rep. Ciaramitaro requested a ruling of the Chair as to whether or not the Agee motion to reconsider the vote by which the Jansen amendment was adopted is a proper motion. The Chair ruled that the motion is a proper motion because it is a different motion from the previous motion to reconsider the vote by which the Jansen amendment had failed.

The question being on the motion made previously by Rep. Agee,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the motion made previously by Rep. Agee,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 332 Yeas--49

Agee Dobronski Kelly Schermesser

Anthony Freeman LaForge Schroer

Baird Galloway Leland Scott

Bankes Gilmer Martinez Scranton

Bobier Gire Murphy Stallworth

Bogardus Godchaux Parks Tesanovich

Brater Gubow Price Thomas

Brewer Hale Profit Varga

Cherry Hanley Prusi Vaughn

Crissman Hertel Quarles Wallace

Curtis Hood Rison Wetters

DeHart Jelinek Schauer Willard

Dobb

Nays--54

Baade Geiger LeTarte Owen

Birkholz Gernaat Llewellyn Oxender

Bodem Goschka London Palamara

Brackenridge Green Lowe Perricone

Brown Gustafson Mans Raczkowski

Byl Hammerstrom Mathieu Rhead

Callahan Harder McBryde Richner

Cassis Horton McManus Rocca

Ciaramitaro Jansen McNutt Sikkema

Cropsey Jaye Middaugh Voorhees

Dalman Jellema Middleton Walberg

DeVuyst Kaza Nye Whyman

Frank Kukuk Olshove Wojno

Gagliardi Law

In The Chair: Hertel

______

Rep. Schermesser moved that Rep. DeHart be excused from the balance of today's session.

The motion prevailed.

Rep. Crissman moved to amend the bill as follows:

1. Amend page 13, following line 5, following section 222, by inserting:

"Sec. 223. A community college shall not use funds appropriated in section 101 to adjust a test score, use a different cut-off score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender for the purpose of selecting or referring an applicant or candidate for employment or a current administrator or employee for promotion at that community college.".

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

Rep. Crissman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 333 Yeas--78

Alley DeVuyst Jellema Oxender

Anthony Dobb Johnson Palamara

Baade Frank Kaza Perricone

Bankes Freeman Kukuk Profit

Birkholz Gagliardi Law Prusi

Bobier Galloway LeTarte Raczkowski

Bodem Geiger Llewellyn Rhead

Bogardus Gernaat London Richner

Brackenridge Gire Lowe Rocca

Brewer Godchaux Mans Schermesser

Brown Goschka Mathieu Scranton

Byl Green McBryde Sikkema

Callahan Gubow McManus Tesanovich

Cassis Gustafson McNutt Voorhees

Cherry Hammerstrom Middaugh Walberg

Ciaramitaro Harder Middleton Wetters

Crissman Horton Nye Whyman

Cropsey Jansen Olshove Willard

Curtis Jaye Owen Wojno

Dalman Jelinek

Nays--26

Agee Hertel Parks Scott

Baird Hood Price Stallworth

Brater Kelly Quarles Thomas

Dobronski LaForge Rison Varga

Gilmer Leland Schauer Vaughn

Hale Martinez Schroer Wallace

Hanley Murphy

In The Chair: Hertel

Rep. Crissman moved to amend the bill as follows:

1. Amend page 13, following line 5, following section 223, by inserting:

"Sec. 224. A community college shall not use funds appropriated in section 101 to adjust a test score, use a different test or cut-off score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender, for the purpose of selecting an individual for admission into that community college, determining class rank or class status of an individual, or determining an individual's eligibility to participate in any program of that community college.".

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

Rep. Crissman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 334 Yeas--75

Alley Dobb Jellema Oxender

Anthony Frank Johnson Palamara

Baade Freeman Kaza Perricone

Bankes Gagliardi Kukuk Profit

Birkholz Galloway Law Prusi

Bobier Geiger LeTarte Raczkowski

Bodem Gernaat Llewellyn Rhead

Brackenridge Gilmer London Richner

Brewer Gire Lowe Rocca

Brown Godchaux Mans Schermesser

Byl Goschka Mathieu Scranton

Callahan Green McBryde Sikkema

Cassis Gubow McManus Tesanovich

Ciaramitaro Gustafson McNutt Voorhees

Crissman Hammerstrom Middaugh Walberg

Cropsey Horton Middleton Whyman

Curtis Jansen Nye Willard

Dalman Jaye Olshove Wojno

DeVuyst Jelinek Owen

Nays--26

Agee Hood Price Stallworth

Baird Kelly Quarles Thomas

Brater LaForge Rison Varga

Cherry Leland Schauer Vaughn

Dobronski Martinez Schroer Wallace

Hale Murphy Scott Wetters

Hanley Parks

In The Chair: Hertel

Rep. Wetters, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This is nuts! Every community college has an open admissions policy, they don't use test scores for admission.

But some of the nuts in the Legislature need to make themselves important by voting to prohibit what never happens.

All that so they can go back and proclaim they are against preferential treatment that never existed. No wonder people wonder what we do here.

It is unfortunate but on some days the nuts rule the House."

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 16, line 27, after "students" by striking out the balance of the subsection and inserting a period.

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 335 Yeas--57

Baade DeVuyst Jaye Olshove

Bankes Dobb Jelinek Palamara

Birkholz Frank Johnson Perricone

Bobier Galloway Kaza Profit

Bodem Geiger Kukuk Raczkowski

Bogardus Gernaat Law Rhead

Brewer Gilmer Llewellyn Richner

Brown Goschka Lowe Rocca

Byl Green Mans Scranton

Callahan Gustafson McBryde Voorhees

Cassis Hammerstrom McManus Walberg

Crissman Harder McNutt Whyman

Cropsey Horton Middleton Willard

Curtis Jansen Nye Wojno

Dalman

Nays--43

Agee Gire London Schauer

Alley Godchaux Martinez Schermesser

Anthony Gubow Mathieu Scott

Baird Hale Middaugh Stallworth

Brackenridge Hanley Murphy Tesanovich

Brater Hertel Owen Thomas

Cherry Hood Oxender Varga

Ciaramitaro Jellema Parks Vaughn

Dobronski Kelly Price Wallace

Freeman Leland Prusi Wetters

Gagliardi LeTarte Quarles

In The Chair: Hertel

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

1. Amend page 3, line 17, by striking out all of line 17, and adjusting the subtotals, totals and section 201 accordingly.

2. Amend page 17, line 12, by striking out all of section 403 and inserting:

"Sec. 403. It is the intent of the legislature that the $2,270,700.00 previously designated for the partnerships for employment grants be used to fund road repairs.".

The question being on the adoption of the amendments offered by Reps. Walberg and Jaye,

Rep. Walberg demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Walberg and Jaye,

Rep. Bobier moved to amend the Walberg and Jaye amendment as follows:

1. Amend page 17, line 12, section 403, after "road repair" by inserting "training and retraining".

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

The question being on the adoption of the amendments offered previously by Reps. Walberg and Jaye,

______

Point of Order

Rep. Mathieu requested a ruling of the Chair as to whether or not the amendment offered by Reps. Walberg and Jaye is germane. The Chair ruled that the amendment is not germane. It attempts to state the intent of the Legislature with regard to the appropriation of transportation funds which are not properly a part of the community college budget.

Rep. Bogardus moved that Rep. Rison be excused from the balance of today's session.

The motion prevailed.

Rep. McBryde 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. 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.

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

Roll Call No. 336 Yeas--63

Alley Goschka LeTarte Palamara

Anthony Hale Llewellyn Perricone

Baade Hammerstrom London Price

Bodem Hanley Lowe Profit

Brackenridge Harder Mans Prusi

Brewer Hertel Mathieu Rhead

Brown Hood McBryde Rocca

Callahan Horton McManus Stallworth

Ciaramitaro Jansen McNutt Tesanovich

Cropsey Jaye Middaugh Voorhees

Dalman Jelinek Middleton Walberg

DeVuyst Jellema Murphy Wallace

Dobronski Kaza Nye Wetters

Frank Kelly Olshove Whyman

Gagliardi Kukuk Owen Wojno

Gernaat Law Oxender

Nays--35

Baird Fitzgerald Johnson Schroer

Bankes Freeman LaForge Scott

Birkholz Galloway Leland Scranton

Bobier Geiger Martinez Sikkema

Brater Gilmer Parks Thomas

Byl Godchaux Quarles Varga

Cassis Green Raczkowski Vaughn

Curtis Gubow Richner Willard

Dobb Gustafson Schermesser

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 make appropriations for community colleges for the fiscal year ending September 30, 1998; 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.

The motion prevailed.

The House agreed to the title as amended.

Rep. Martinez, 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:

This is not a budget bill. As a result of the irrelevant amendments that have been added in this House Debate, this bill has become a mixed package of poorly considered social policy decisions. Community colleges have an open enrollment policy. We don't need to place all kinds of regulations on how they make admissions decisions. I refuse to support this bill after this process."

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. 337 Yeas--32

Agee Gire Mans Schermesser

Baade Hale Mathieu Stallworth

Brown Hanley Olshove Tesanovich

Callahan Harder Owen Thomas

Cherry Hertel Palamara Varga

Ciaramitaro Hood Price Wallace

Frank Kelly Profit Wetters

Gagliardi Leland Prusi Wojno

Nays--68

Anthony Dobb Jellema Oxender

Baird Dobronski Johnson Parks

Bankes Fitzgerald Kaza Perricone

Birkholz Galloway Kukuk Raczkowski

Bobier Geiger LaForge Rhead

Bodem Gernaat Law Richner

Bogardus Gilmer LeTarte Rocca

Brackenridge Godchaux Llewellyn Schauer

Brater Goschka London Schroer

Brewer Green Lowe Scott

Byl Gubow Martinez Scranton

Cassis Gustafson McBryde Sikkema

Crissman Hammerstrom McManus Vaughn

Cropsey Horton McNutt Voorhees

Curtis Jansen Middaugh Walberg

Dalman Jaye Middleton Whyman

DeVuyst Jelinek Nye Willard

In The Chair: Hertel

Second Reading of Bills

Rep. Gagliardi moved that House Bill No. 4511 be referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Gilmer, Perricone, LaForge, Green, Cherry, Dobronski, Baird, McNutt, Anthony, Rocca, Hammerstrom, Jellema, Baade, Bogardus, Scranton, Crissman, Profit, Varga, Galloway, Parks, Birkholz, Richner, Rhead, Jansen, Cropsey, Hale, Oxender, Goschka, Dalman, Llewellyn, Freeman, Bodem, McBryde and Kelly offered the following resolution:

House Resolution No. 55.

A resolution commemorating the 75th Anniversary of the Portage Public Schools.

Whereas, It is a great pleasure for the members of the Michigan House of Representatives to join in commemorating the 75th anniversary of the Portage Public Schools in Kalamazoo County. The celebration of this special occasion will feature many events beginning July 1, 1997 and continuing on into the beginning of the 1997-98 school year; and

Whereas, The Board of Education members: Kevin Hollenbeck-President, James Pellowe-Vice President, Kathy Derr-Treasurer, Donna Buechler-Trustee, Patricia Dolan-Trustee, Tom Eddy-Trustee, John Whyte-Trustee, and James H. Rikkers-Superintendent of the Portage Public Schools, along with the dedicated faculty and staff, encourage the celebration of the accomplishments of this great school district; and

Whereas, The origin of the Portage Public Schools began through the creation of the Portage Agricultural School in 1922 from several smaller rural districts within the Township of Portage. In 1946, several other districts -- Rockne, Lake Center, Pershing, Prairie Edge, and Boyton -- as well as primary districts in Texas and Pavilion Townships consolidated to become Portage Public Schools; and

Whereas, The Portage Public Schools rapidly increased in size between the 1950s and 1960s as a result of the post-World War II baby boom era, and then between 1971 and 1983 experienced a decrease in total student population. In the mid-1980s until present, the greater- Portage community has witnessed an increase in the student population and has grown to exceed 8,800 students, creating the need for eight elementary schools for K-5 and the young fives program, three middle schools for grades 6-8, two high schools for grades 9-12, and the Portage Community Education Center for our Community High School, Curious Kids Child Care and Preschool; now, therefore, be it

Resolved by the House of Representatives, That we commemorate the Portage Public Schools' 75th Anniversary; and be it further

Resolved, That a copy of this resolution be transmitted to the School Board President as evidence of our warmest congratulations.

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.

Reps. McNutt, Green, Cherry, LaForge, Dobronski, Baird, DeHart, Anthony, Rocca, Hammerstrom, DeVuyst, Jellema, Baade, Bogardus, Gilmer, Scranton, Crissman, Raczkowski, Profit, Varga, Galloway, Parks, Birkholz, Richner, Rhead, Perricone, Jansen, Cropsey, Hale, Oxender, Goschka, Dalman, Llewellyn, Freeman, Bodem, McBryde and Kelly offered the following resolution:

House Resolution No. 56.

A resolution of tribute to Ms. Kathie Grzesiak, Michigan's 1997-1998 Teacher of the Year.

Whereas, Ms. Kathie Grzesiak was announced to be Michigan's 1997-1998 Teacher of the Year and will represent Michigan for the National Teacher of the Year competition; and

Whereas, Ms. Kathie Grzesiak has been an effective educator and has gained much experience throughout her years of teaching. She has taught and contributed to the lives of children in the school district of the City of Saginaw, St. Peter and Paul Elementary Parochial School, Carrollton Public Schools, Buena Vista School District, and especially at Eastlawn Elementary School in Midland, Michigan; and

Whereas, Ms. Kathie Grzesiak has been a teacher who has cultivated a relationship with students which allows her the opportunity to make education fun, to increase their self-esteem and to ultimately instill the desire to learn. It is because of this distinguished talent that Ms. Grzesiak was nominated by her fellow peers for this award which she is now presented; and

Whereas, Ms. Kathie Grzesiak has dedicated her life to continued learning and the training of young minds over twenty-seven years in the field of education including expanding her professional involvement within the business of furthering education. Ms. Grzesiak has committed herself to the promotion of education through the avenues of securing grants, publishing various articles, and embracing the idea of staff development; and

Whereas, It is apparent to all the dedication and commitment held by Ms. Kathie Grzesiak regarding her young students, their potential, their importance, and their incredible value to our state and community; now, therefore, be it

Resolved by the House of Representatives, That the members of the Michigan House of Representatives join in honoring Ms. Kathie Grzesiak as Michigan's 1997-1998 Teacher of the Year; and be it further

Resolved, That a copy of this resolution be presented to Ms. Kathie Grzesiak as a token of our esteem.

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.

Reps. Brewer, LaForge, Dobronski, Anthony, Baade, Bogardus, Scott, Varga, Parks, Willard, Hale, Gagliardi, Freeman and Kelly offered the following resolution:

House Resolution No. 57.

A resolution to request the Biologic Products Commission and the State Building Authority to refrain from selling the Michigan Biologic Products Institute until an independent appraisal of its value is presented to the legislature.

Whereas, Under the provisions of 1996 PA 522, the Michigan Biologic Products Commission may negotiate the terms of a conveyance of the Michigan Biologic Products Institute to a private entity. The recommendations of the commission go to the State Building Authority for approval before the institute's assets are sold and transferred. As provided in section 5 of the act, being MCL § 333.2635, the State Administrative Board is to receive an independent opinion of the fairness and adequacy of any conveyance prior to the effective date of the conveyance; and

Whereas, Following the sale a few years ago of the Accident Fund, numerous concerns were expressed regarding the ultimate price paid for a valued state asset. At that time, assessments made of the entity were not presented to the legislature and not disclosed in as open a forum as appropriate. As a result, the legislature was asked to approve a sale without full access to important evaluation data; and

Whereas, It is incumbent upon state government to conduct its business with appropriate opportunity for public scrutiny. In enacting legislation to convey valued property to the private sector, it is important to ensure that the state receive fair value for its assets and to make sure that all aspects of prospective transactions are made public. This includes not only the assessment of the assets, but also the interests of all the parties involved in determining the asset value; and

Whereas, The people of the state of Michigan supported the research that led to many vaccines over many years; and

Whereas, The intellectual capital fostered and invested there will continue to reap dividends in the form of royalties for many years; now, therefore, be it

Resolved by the House of Representatives, That we request the Biologic Products Commission and the State Building Authority to refrain from selling the Michigan Biologic Products Institute until an independent appraisal of its value is presented to the legislature by an agreed upon investment appraiser; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Biologic Products Commission and the State Building Authority.

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

Reps. Prusi, Agee, Hanley, Tesanovich, Cherry, Parks, Gagliardi, Owen and Anthony offered the following resolution:

House Resolution No. 58.

A resolution honoring the grand opening of the Landmark Inn in Marquette, Michigan.

Whereas, It is most appropriate for the Michigan Legislature to extend the highest praise and tribute to Bruce and Christine Pesola on the grand opening of their historic Landmark Inn Hotel in downtown Marquette, Michigan on May 22, 1997, days after the celebration of National Historic Preservation Week; and

Whereas, The Pesolas engaged in a project that proves historic preservation works and in this case saved one of Marquette's historic crown jewels as the city prepares to celebrate its Sesquicentennial in 1999. As a result of the Pesolas, the Landmark Inn has been turned into another shining star of Marquette's thriving downtown business community; and

Whereas, The Landmark Inn, formerly known as the Heritage House, Old Marquette Inn and Northland Hotel, opens as one of the most historically significant buildings in the Upper Peninsula. The six-story hotel, constructed by H.L.Stevens Company of Chicago at a cost of more than $350,000, was opened on January 8, 1930, with its view overlooking Lake Superior on Front Street in Marquette, as one of the premier hotels in Michigan's Upper Peninsula. Located at one of Marquette's highest points on the corners of Front and Ridge streets, the hotel is one of the first landmarks one sees when entering the city; and

Whereas, Over the years many famous guests have visited the hotel, including: Amelia Earhart, Duke Ellington, Abbott and Costello, and Louie Armstrong. Other notables who stayed at the hotel include the Dallas Cowboys and the man known in the 1930 drama circles as the "Human Fly" scaled up one of the hotel's sides; and

Whereas, Bruce and Christine Pesola took ownership of the hotel on November 3, 1995, after it stood vacant for more than 12 years in the face of two foreclosures while skeptics of historic preservation made the predictable call for demolition. The Pesolas, using their own private resources, directed a restoration that has kept many of the hotel's original features, including its two marble staircases and brass hand railings. Thanks to the Pesolas, people will once again be able to enjoy breathtaking views of Lake Superior over dinner or a comfortable stay in one of the Landmark Inn's 61 rooms, including suites decorated much like they were when Earhart and Abbott and Costello stayed overnight; now, therefore, be it

Resolved by the House of Representatives, That we hereby extend the highest commendation to Bruce and Christine Pesola for preserving a piece of Marquette and Michigan history through historic preservation. The Pesolas also are to be commended for making it possible for current and future generations to enjoy the area's rich heritage and its people and outdoor beauty while staying in a treasure fittingly called the Landmark Inn, overlooking downtown Marquette in a location its owners have called "unparalleled" and the "premier spot" in an area often referred to as "God's Country" by visitors and residents alike; and be it further

Resolved, That a copy of this resolution be transmitted to Bruce and Christine Pesola and the historic preservation contractors and crews and employees of the Landmark Inn as evidence of our highest esteem.

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.

Reps. Brewer, Frank, Bogardus, Willard, Hanley, Agee, Gubow, Griffin, Vaughn, Murphy, Cherry, Gagliardi, Prusi, Brater, LaForge, Dobronski, Anthony, Baade, Scott, Varga, Parks, Hale, Freeman and Kelly offered the following concurrent resolution:

House Concurrent Resolution No. 40.

A concurrent resolution to request the Biologic Products Commission and the State Building Authority to refrain from selling the Michigan Biologic Products Institute until an independent appraisal of its value is presented to the legislature.

Whereas, Under the provisions of 1996 PA 522, the Michigan Biologic Products Commission may negotiate the terms of a conveyance of the Michigan Biologic Products Institute to a private entity. The recommendations of the commission go to the State Building Authority for approval before the institute's assets are sold and transferred. As provided in section 5 of the act, being MCL § 333.2635, the State Administrative Board is to receive an independent opinion of the fairness and adequacy of any conveyance prior to the effective date of the conveyance; and

Whereas, Following the sale a few years ago of the Accident Fund, numerous concerns were expressed regarding the ultimate price paid for a valued state asset. At that time, assessments made of the entity were not presented to the legislature and not disclosed in as open a forum as appropriate. As a result, the legislature was asked to approve a sale without full access to important evaluation data; and

Whereas, It is incumbent upon state government to conduct its business with appropriate opportunity for public scrutiny. In enacting legislation to convey valued property to the private sector, it is important to ensure that the state receive fair value for its assets and to make sure that all aspects of prospective transactions are made public. This includes not only the assessment of the assets, but also the interests of all the parties involved in determining the asset value; and

Whereas, The people of the state of Michigan supported the research that led to many vaccines over many years; and

Whereas, The intellectual capital fostered and invested there will continue to reap dividends in the form of royalties for many years; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we request the Biologic Products Commission and the State Building Authority to refrain from selling the Michigan Biologic Products Institute until an independent appraisal of its value is presented to the legislature by an agreed upon investment appraiser; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Biologic Products Commission and the State Building Authority.

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

Reports of Standing Committees

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

Senate Concurrent Resolution No. 25.

A concurrent resolution to memorialize the President and the Congress of the United States to work for the admission of Latvia, Estonia, and Lithuania into the North Atlantic Treaty Organization.

(For text of resolution, see House Journal No. 36, p. 733.)

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

SCR 25 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, Hanley, Wallace, Gustafson, DeVuyst, Richner, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Monday, May 12, 1997, at 2:00 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, Hanley, Wallace, Gustafson, DeVuyst, Richner, Voorhees,

Absent: Reps. DeHart, Kilpatrick, Varga, Wojno, Fitzgerald, Goschka, Perricone,

Excused: Reps. DeHart, Kilpatrick, Varga, Wojno, Fitzgerald, Goschka, Perricone.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4231, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94.

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

Favorable Roll Call

HB 4231 To Report Out:

Yeas: Reps. Palamara, Gire, Griffin, Gubow, Leland, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Raczkowski, Rocca,

Nays: None.

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

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4351, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94.

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

Favorable Roll Call

HB 4351 To Report Out:

Yeas: Reps. Palamara, Gire, Griffin, Gubow, Leland, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Raczkowski, Rocca, Scranton,

Nays: None.

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

The Committee on Health Policy, by Rep. Palamara, Chair, reported

Senate Bill No. 128, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2882 (MCL 333.2882), as amended by 1996 PA 307.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 128 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Profit, Thomas, Wojno, Crissman, Law, Raczkowski, Rocca,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 13, 1997, at 10:30 a.m.,

Present: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Absent: Rep. Murphy,

Excused: Rep. Murphy.

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

House Bill No. 4010, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 243e (MCL 750.243e).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4010 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman,

Nays: None.

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

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

House Bill No. 4218, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4218 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman,

Nays: None.

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

House Bill No. 4412, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 243a and 243b (MCL 750.243a and 750.243b), section 243a as amended by 1980 PA 422, and by adding section 243f.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4412 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman,

Nays: None.

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 13, 1997, at 9:00 a.m.,

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

Absent: Reps. Kilpatrick, Willard, Law,

Excused: Reps. Kilpatrick, Willard, Law.

Messages from the Senate

House Bill No. 4242, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16903 (MCL 324.16901 and 324.16903), section 16901 as amended by 1995 PA 268, and by adding sections 16903a and 16908a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 16901 and 16903 (MCL 324.16901 and 324.16903), section 16901 as amended by 1995 PA 268, and by adding sections 16903a, 16904a, 16908a, and 16910.

The Speaker announced that pursuant to rule 45, the bill was laid over one day.

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, 99, and 107 (MCL 388.1611, 388.1620, 388.1699, and 388.1707), sections 11, 20, and 99 as amended and section 107 as added by 1996 PA 300, and by adding sections 104b and 105a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 11, 20, 31a, 99, 104a, and 107 (MCL 388.1611, 388.1620, 388.1631a, 388.1699, 388.1704a, and 388.1707), sections 11, 20, 31a, 99, and 104a as amended and section 107 as added by 1996 PA 300, and by adding sections 6b, 105a, 105b, and 161a; and to repeal acts and parts of acts.

The Speaker announced that pursuant to rule 45, the bill was laid over one day.

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, Wednesday, May 7:

Senate Bill Nos. 490 491 492

The Clerk announced the enrollment printing and presentation to the Governor on Monday, May 12, for his approval of the following bill:

Enrolled House Bill No. 4238 at 4:45 p.m.

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Monday, May 12:

House Bill Nos. 4745 4746 4747 4748 4749 4750 4751 4752 4754 4755 4756 4757 4758 4759 4760 4761 4762

House Joint Resolution U

The Clerk announced that the following Senate bills and joint resolution had been received on Tuesday, May 13:

Senate Bill Nos. 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371

Senate Joint Resolution I

Communications from State Officers

The following communication from the Secretary of State was received and read:

April 29, 1997

Notice of Filing

Administrative Rules

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:47 p.m. this date, administrative rule (97-4-5) for the Department of Transportation, Bureau of Urban and Public Transportation, entitled "State Rail Line Divestiture", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

The following communication from the E.U.P. Employment and Training Consortium was received and read:

May 7, 1997

Enclosed for your review and comment are copies of the E.U.P. Employment & Training Consortium's Title IIA, Title IIC, Title III (EDWAAA), and 5% Older Worker Biennial Job Training Plans. These plans provide employment and training services to economically disadvantaged individuals and dislocated workers.

The Title IIB (Summer Youth Program) Biennial Job Training Plan is also enclosed. This plan provides employment and training services to economically disadvantaged youth.

These programs will serve the Upper Peninsula Counties of Chippewa, Mackinac, and Luce.

Should you have any questions or comments, please do not hesitate to contact our office at the address listed below.

Sincerely,

Gwen Worley

Executive Director

The communication was referred to the Clerk.

The following communications from the Department of Consumer & Industry Services were received and read:

April 2, 1997

Attached is a copy of the final report on the state of competition in the commercial liability insurance market and my certification as to the presence of workable competition in the market during 1995. This report also includes information that would normally be contained in the preliminary 1996 report. For this reason, there will be no preliminary report this year. This report was prepared in accordance with the requirements of Section 2409(c) of the Insurance Code, MCLA 500.2409(c).

The broad scope of Section 2409(c) has been narrowed to certain specific lines for purposes of this report. However, meaningful study of the market for these lines is complicated by differences in policy provisions, underwriting rules and rating and classification plans from company to company. This lack of uniformity is a significant obstacle to the analysis necessary to the study of competition. The findings of this report are, therefore, based on the Bureau staff's knowledge of the marketplace and analysis of the only available data.

Attached is the certification as to the existence of competition in 1995. Persons who disagree with this report and findings may request a contested hearing pursuant to the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being Sections 24.201 to 24.328 of the Michigan Compiled Laws, not later than 60 days after issuance of the report.

April 8, 1997

In accordance with Public Act 176 of 1986, since April 1, 1988, all retail liquor licensees have been required to show proof of financial responsibility in amounts of $50,000 or more in order to obtain or renew a liquor license. Proof of financial responsibility may take the form of a liquor liability insurance policy with a minimum aggregate limit of $50,000. The requirement remains in effect subject to an annual study of the market and a determination by the Insurance Commissioner that this insurance is available in Michigan at a reasonable premium. Attached is the 1997 report and certification on the availability and pricing of liquor liability insurance in Michigan.

Since 1987, the liquor liability market has become increasingly competitive. Almost 160 companies are currently providing this insurance to Michigan liquor licensees and this competition has resulted in a significant reduction of rates over the last five years. However, this line of insurance continues to display volatility with respect to insurer turnover. There has not been a problem with insurer solvency since 1991. Concern exists over the Best's ratings of some of the dominant insurers in this line. Therefore, the Bureau will continue to monitor this market. At the current time, this insurance appears reasonably available to all classifications of liquor licensees at a reasonable premium.

D. Joseph Olson, Commissioner of Insurance

The communications were referred to the Clerk.

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

May 7, 1997

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

Performance Audit of the Michigan Equity Program

- Regional Cultural Activities

Department of Consumer and Industry Services

May 1997

May 8, 1997

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

Financial Audit Including the Provisions of the

Single Audit Act of the Department of Natural Resources

October 1, 1993 through September 30, 1995

May 8, 1997

Enclosed are two copies of the compliance audit of Selected State Universities' Reporting of Enrollment and Other Higher Education Institutional Data Inventory (HEIDI) Data, including the provisions of Act 154, P.A. 1996 and the Department of Management and Budget annual budget letter for fiscal year 1995-96.

May 9, 1997

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

Financial Audit Including the Provisions of the

Single Audit Act of the

Michigan Department of State Police

October 1, 1993 through September 30, 1995

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. Profit, Palamara, Brown, Griffin, Alley and Frank introduced

House Bill No. 4772, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.

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

Reps. Profit, Wetters, Dobb, Brackenridge, Wallace, Palamara, Alley, Llewellyn and Perricone introduced

House Bill No. 4773, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

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

Reps. Bodem, Gire, Dalman, Cropsey, Middleton, Bogardus, Agee, Schauer, Cherry, Curtis, Crissman, Jelinek, LeTarte and McNutt introduced

House Bill No. 4774, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1234 (MCL 380.1234).

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

Reps. Law, Gire, Goschka, Wallace, Jelinek, Thomas, Galloway, Agee, Green, Gagliardi, Hammerstrom, Kelly, Rocca, Cassis, Hanley, Murphy and Dobronski introduced

House Bill No. 4775, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 7a and 15 (MCL 423.207a and 423.215), section 7a as added and section 15 as amended by 1994 PA 112, and by adding section 7b.

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

Reps. Crissman, Hammerstrom, McBryde, Gernaat, Dobb, Bodem, Goschka, Raczkowski, Green, Cassis and Jaye introduced

House Bill No. 4776, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4011 (MCL 600.4011), as amended by 1994 PA 346.

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

Reps. Crissman, Hammerstrom, McBryde, Gernaat, Dobb, Bodem, Goschka, Raczkowski, Green, Cassis and Jaye introduced

House Bill No. 4777, entitled

A bill to amend 1962 PA 60, entitled "An act to provide for the day parole of prisoners in county jails to permit them to be gainfully employed outside the jail or pursue other activities; to provide for the granting of reductions in terms of imprisonment and the regulation thereof; and to provide for the disposition of earnings from such employment," by amending sections 2 and 4 (MCL 801.252 and 801.254).

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

Reps. Fitzgerald and LaForge introduced

House Bill No. 4778, entitled

A bill to require manufacturers to report the ingredients and nicotine content of tobacco products; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

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

Rep. Anthony moved that the House adjourn.

The motion prevailed, the time being 6:40 p.m.

The Speaker declared the House adjourned until Wednesday, May 14, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.