No. 46

JOURNAL OF THE HOUSE


House Chamber, Lansing, Thursday, May 22, 1997.

10:00 a.m.

The House was called to order by the 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--e/d/s

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--e/d/s

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--e/d/s

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--e/d/s

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--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--e/d/s

Wojno--present

e/d/s = entered during session

The Rev. Douglas Gallager, Minister of the Birmingham Unitarian Church, Bloomfield Hills, offered the following invocation:

"We turn aside from an unquiet world to seek greater meaning in life. So, let that still small voice that speaks from within our conscience rid us from all selfishness that we might serve others. Rid us of all bitterness that we might find joy and hope in the life around us. Rid us of all craving that we might be truly thankful for what we have. Rid us of all impatience that we might bear with our fellow servants for the good of all. Rid us of all hatred that we might eternally love, forgive and understand those in need. Amen."

______

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

The motion prevailed.

Third Reading of Bills

Rep. McNutt moved that House Bill No. 4514 be re-referred to the Committee on Conservation, Environment and Recreation.

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. 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 bill was received from the Senate on May 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 14.)

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. 376 Yeas--97

Agee Fitzgerald Johnson Perricone

Anthony Frank Kaza Price

Baade Freeman Kelly Profit

Baird Gagliardi Kukuk Prusi

Bankes Galloway LaForge Quarles

Birkholz Geiger Law Raczkowski

Bobier Gernaat Leland Rhead

Bodem Gilmer LeTarte Richner

Bogardus Gire Llewellyn Rison

Brackenridge Godchaux London Rocca

Brater Goschka Lowe Schauer

Brown Green Martinez Schermesser

Callahan Gubow Mathieu Scott

Cassis Gustafson McBryde Scranton

Cherry Hale McManus Sikkema

Ciaramitaro Hanley McNutt Tesanovich

Crissman Harder Middaugh Thomas

Cropsey Hertel Middleton Varga

Curtis Hood Murphy Vaughn

Dalman Horton Nye Walberg

DeHart Jansen Olshove Wallace

DeVuyst Jaye Owen Wetters

Dobb Jelinek Oxender Whyman

Dobronski Jellema Parks Wojno

Emerson

Nays--2

Brewer Byl

In The Chair: Murphy

The House agreed to the title as amended.

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

______

Rep. Alley entered the House Chambers.

Rep. Mans entered the House Chambers.

Rep. Willard entered the House Chambers.

Rep. Griffin entered the House Chambers.

Rep. Palamara entered the House Chambers.

The Speaker laid before the House

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 bill was received from the Senate on May 13, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 14.)

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

Rep. Oxender moved to amend the substitute (S-1) as follows:

1. Amend page 2, line 20, by striking out "$8,233,527,000.00" and inserting "$8,233,547,000.00".

2. Amend page 3, line 4, by striking out "$8,280,327,000.00" and inserting "$8,280,347,000.00".

3. Amend page 5, line 19, by striking out "$8,004,086,300.00" and inserting "$8,004,106,300.00".

4. Amend page 9, line 7, after "1963," by inserting "EXCEPT FOR A DISTRICT THAT WAS NOTIFIED OF SUCH A MILLAGE REDUCTION IN 1996 AFTER THE LAST PERMISSIBLE DATE TO SCHEDULE AN ELECTION TO OVERRIDE THAT MILLAGE REDUCTION,".

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

Reps. Emerson and Oxender moved to amend the substitute (S-1) as follows:

1. Amend page 26, following line 23, section 104a, subsection (2), after "and science," by striking out "AND IF THE PUPIL OR PUPIL'S PARENT OR LEGAL GUARDIAN REQUESTS THE ENDORSEMENT AS PROVIDED UNDER SUBSECTION (4),".

2. Amend page 26, following line 23, section 104a, subsection (4), after the first "diploma." by striking out "FOR PUPILS SCHEDULED TO GRADUATE IN 1997, IF THE PUPIL'S PARENT OR LEGAL GUARDIAN OR, IF THE PUPIL IS AT LEAST AGE 18 OR IS AN EMANCIPATED MINOR, THE PUPIL REQUESTS THE ENDORSEMENT AND IF THE BOARD OF THE DISTRICT DETERMINES THAT A PUPIL QUALIFIES FOR A STATE-ENDORSED DIPLOMA, THE BOARD SHALL INDICATE ON THE PUPIL'S HIGH SCHOOL DIPLOMA AND TRANSCRIPT THAT THE PUPIL ACHIEVED THE PROFICIENCY NECESSARY FOR RECEIPT OF A STATE-ENDORSED DIPLOMA. BEGINNING WITH PUPILS SCHEDULED TO GRADUATE IN 1998, IF" and inserting "If".

3. Amend page 26, following line 23, section 104a, subsection (5), after "test or assessment." by striking out "BEGINNING IN 1998,".

4. Amend page 26, following line 23, section 104a, subsection (5), after "awarded a state-endorsed diploma" by inserting "AS OTHERWISE PROVIDED IN THIS SECTION".

5. Amend page 34, following line 5, following section 161A, by striking out all of enacting section 1.

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

Rep. Emerson moved to amend the substitute (S-1) as follows:

1. Amend page 18, line 18, by striking out "December" and inserting "OCTOBER".

2. Amend page 18, line 18, after "year" by inserting "AND ADJUSTED NOT LATER THAN DECEMBER 31 OF THE IMMEDIATELY PRECEDING FISCAL YEAR OR, FOR REPORTING IN 1996-97 ONLY, ADJUSTED NOT LATER THAN JUNE 30 OF THE IMMEDIATELY PRECEDING FISCAL YEAR".

3. Amend page 19, line 22, after "than" by striking out "JUNE 30" and inserting "December 31".

4. Amend page 19, line 23, after "year" by inserting "OR, FOR REPORTING IN 1996-97 ONLY, ADJUSTED NOT LATER THAN JUNE 30 OF THE IMMEDIATELY PRECEDING FISCAL YEAR".

5. Amend page 20, line 12, after "year." by inserting "FOR REPORTING OCCURRING IN 1996-97, IF A DISTRICT OR PUBLIC SCHOOL ACADEMY SUBMITS AN ADJUSTMENT TO THE DEPARTMENT AFTER DECEMBER 31, 1996 IN THE NUMBER OF PUPILS USED FOR DETERMINING PAYMENTS UNDER THIS SECTION, THE DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL INCLUDE WITH THE SUBMISSION AN EXPLANATION FOR THE ADJUSTMENT AND DOCUMENTATION SATISFACTORY TO THE DEPARTMENT TO JUSTIFY THE ADJUSTMENT.".

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

Rep. Lowe moved to amend the substitute (S-1) as follows:

1. Amend page 34, following line 5, by striking out all of section 161A.

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

______

The Speaker assumed the Chair.

Reps. Voorhees and Goschka moved to amend the substitute (S-1) as follows:

1. Amend page 26, following line 23, section 104a, subsection (2), after "(2)" by striking out "For pupils scheduled to graduate in 1997, if a pupil achieves the outcomes required by the state board, as measured by an assessment instrument developed under subsection (8) (7), for a state-endorsed high school diploma, or meets the requirements described in FORMER subsection (1)(c) for a state-endorsed high school diploma, in 1 or more of the subject areas of communications skills, mathematics, and science, AND IF THE PUPIL OR PUPIL'S PARENT OR LEGAL GUARDIAN REQUESTS THE ENDORSEMENT AS PROVIDED UNDER SUBSECTION (4), the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency.".

2. Amend page 26, following line 23, section 104a, subsection (2), after "Beginning with pupils scheduled to graduate in" by striking out "1998" and inserting "1999".

3. Amend page 26, following line 23, section 104a, subsection (2), after "science, and" by striking out the comma and "beginning with pupils scheduled to graduate in 2000,".

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

Rep. Nye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

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

Roll Call No. 377 Yeas--15

Cropsey Kukuk Nye Walberg

Gernaat Law Perricone Whyman

Goschka Lowe Rocca Willard

Kaza McManus Voorhees

Nays--89

Agee Dobb Jansen Palamara

Alley Dobronski Jaye Parks

Anthony Emerson Jelinek Price

Baade Fitzgerald Jellema Profit

Baird Frank Johnson Prusi

Bankes Freeman Kelly Quarles

Birkholz Gagliardi LaForge Raczkowski

Bobier Galloway Leland Rhead

Bodem Geiger LeTarte Richner

Bogardus Gilmer Llewellyn Rison

Brackenridge Gire London Schauer

Brater Godchaux Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scott

Byl Gubow McBryde Scranton

Callahan Gustafson McNutt Sikkema

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Vaughn

Crissman Hertel Olshove Wallace

Dalman Hood Owen Wetters

DeHart Horton Oxender Wojno

DeVuyst

In The Chair: Hertel

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. 378 Yeas--106

Agee Emerson Johnson Perricone

Alley Fitzgerald Kaza Price

Anthony Frank Kelly Profit

Baade Freeman Kukuk Prusi

Baird Gagliardi LaForge Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rison

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scott

Byl Gubow McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

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

Nays--0

In The Chair: Hertel

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

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

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," 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, and 105b.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4492, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1995 PA 289.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 7, following line 16, by inserting:

"SEC. 1279G. IN REPORTING SCORES ON MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM TESTS, A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY AND THE DEPARTMENT SHALL REPORT THE SCORES BY CLASSROOM FOR ELEMENTARY GRADES AND BY TEACHER FOR MIDDLE SCHOOL OR HIGH SCHOOL GRADES.".

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

Rep. Gustafson 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. 379 Yeas--8

Brewer Green Llewellyn Rocca

Goschka Jaye Rhead Voorhees

Nays--96

Agee Dobronski Kaza Perricone

Anthony Emerson Kelly Price

Baade Fitzgerald Kukuk Profit

Baird Frank LaForge Prusi

Bankes Freeman Law Quarles

Birkholz Gagliardi Leland Raczkowski

Bobier Galloway LeTarte Richner

Bodem Gernaat London Rison

Bogardus Gilmer Lowe Schauer

Brackenridge Gire Mans Schermesser

Brater Godchaux Martinez Schroer

Brown Gubow Mathieu Scott

Byl Gustafson McBryde Scranton

Callahan Hale McManus Sikkema

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Vaughn

Cropsey Hood Nye Walberg

Curtis Horton Olshove Wallace

Dalman Jansen Owen Wetters

DeHart Jelinek Oxender Whyman

DeVuyst Jellema Palamara Willard

Dobb Johnson Parks Wojno

In The Chair: Murphy

Rep. Wetters moved to amend the bill as follows:

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

"(2) THE BOARD OF A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL NOTIFY PARENTS OF STUDENTS REQUIRED TO TAKE THE STATE HIGH SCHOOL PROFICIENCY TEST THAT THEY MAY OPT TO HAVE THEIR CHILD NOT TAKE THE STATE HIGH SCHOOL PROFICIENCY TEST BY INFORMING THE BOARD IN WRITING THAT THEY DO NOT WANT THEIR CHILD TO TAKE THE TEST." and renumbering the remaining subsections.

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

Rep. Wetters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 380 Yeas--53

Alley Green McBryde Richner

Anthony Gubow McManus Rocca

Baade Gustafson Middaugh Schermesser

Birkholz Hammerstrom Middleton Schroer

Bodem Harder Nye Sikkema

Brater Horton Olshove Tesanovich

Brown Jansen Owen Vaughn

Callahan Jellema Palamara Voorhees

Cropsey Kukuk Perricone Walberg

Curtis LaForge Profit Wallace

DeHart Llewellyn Prusi Wetters

Gagliardi London Raczkowski Whyman

Gernaat Lowe Rhead Willard

Goschka

Nays--41

Agee DeVuyst Hale Mans

Bankes Dobb Hanley McNutt

Bobier Dobronski Hertel Oxender

Brackenridge Emerson Hood Parks

Brewer Fitzgerald Jaye Price

Byl Frank Jelinek Rison

Cassis Galloway Johnson Schauer

Cherry Gilmer Kelly Scott

Ciaramitaro Gire Law Thomas

Crissman Godchaux LeTarte Wojno

Dalman

In The Chair: Murphy

Rep. Jaye moved to amend the bill as follows:

1. Amend page 7, following line 16, by inserting:

"(10) UPON REQUEST BY THE PARENT OR LEGAL GUARDIAN OF A PUPIL WHO HAS COMPLETED A TEST OR ASSESSMENT DESCRIBED IN THIS SECTION, OR BY THE PUPIL IF THE PUPIL IS AT LEAST AGE 18 OR IS AN EMANCIPATED MINOR, THE DEPARTMENT SHALL ALLOW THE PARENT OR LEGAL GUARDIAN OR THE PUPIL, AS APPLICABLE, TO REVIEW THE PUPIL'S COMPLETED AND GRADED TEST OR ASSESSMENT AND ANY COMMENTS MADE BY THE TEST GRADER CONCERNING THE PUPIL'S TEST OR ASSESSMENT.".

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

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

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

Rep. Gagliardi moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4492, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1995 PA 289.

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

Roll Call No. 381 Yeas--99

Agee Dobb Kelly Price

Alley Dobronski Kukuk Profit

Anthony Emerson LaForge Quarles

Baade Fitzgerald Law Raczkowski

Baird Freeman Leland Rhead

Bankes Gagliardi LeTarte Richner

Birkholz Galloway Llewellyn Rison

Bobier Gernaat London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Sikkema

Brown Gustafson McManus Tesanovich

Byl Hale McNutt Thomas

Callahan Hammerstrom Middaugh Varga

Cassis Hanley Middleton Vaughn

Cherry Harder Murphy Voorhees

Ciaramitaro Hertel Nye Walberg

Crissman Hood Olshove Wallace

Cropsey Horton Owen Wetters

Curtis Jansen Oxender Whyman

Dalman Jelinek Palamara Willard

DeHart Jellema Parks Wojno

DeVuyst Kaza Perricone

Nays--1

Jaye

In The Chair: Murphy

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.

Reps. Anthony, Bankes, Bodem, Brackenridge, Brater, Brewer, Callahan, Cassis, Cherry, Crissman, Dalman, DeHart, DeVuyst, Dobb, Dobronski, Freeman, Gagliardi, Gire, Godchaux, Green, Gubow, Hale, Hanley, Jansen, Kaza, Kelly, Kukuk, Law, Leland, Llewellyn, Middleton, Murphy, Nye, Oxender, Prusi, Rhead, Richner, Rocca, Schermesser, Schroer, Scott, Sikkema, Thomas, Varga, Vaughn, Voorhees, Wallace, Wetters and Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4051, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 698 (MCL 257.698), as amended by 1994 PA 101.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation (for amendments, see House Journal No. 40, p. 823),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Anthony moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

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

House Bill No. 4573, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 40, p. 824),

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

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

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

______

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, May 27, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Griffin, Varga, Walberg, Olshove, Murphy, Kukuk, Gernaat, Mans, Callahan, Thomas, Rhead, Kaza, Palamara, Alley, Schermesser, Raczkowski, Jaye, Gagliardi, McBryde, Dobronski, Scott, DeHart, Goschka, Parks, Baade, Martinez, Freeman, Hanley, Baird, Kelly, Hale, Brown, Tesanovich, Hood, Profit, Fitzgerald, Vaughn, Wallace, Wetters, Cherry, Bodem, Gubow, Cropsey, Gilmer, Galloway, Llewellyn, Voorhees, Lowe, LaForge, Perricone, Leland, Brater, Green, Richner, Scranton, Dalman and Anthony offered the following resolution:

House Resolution No. 63.

A resolution honoring Murray E. Brown upon his retirement from the Financial Institutions Bureau.

Whereas, It is most appropriate to join with his colleagues and friends in honoring Murray E. Brown, who is retiring after thirty-one years of service to the State of Michigan. Mr. Brown's successful career is clearly marked by his dedication, integrity, and professionalism. In special recognition of his accomplishments, a retirement reception is planned in his honor to be held on Wednesday, May 28, from 3:00 to 5:00 p.m., in the Brigg's Conference Room at the Financial Institutions Bureau; and

Whereas, Murray Brown was born in Jamaica and graduated with honors from Michigan State University with a degree in Economics in 1964. He continued his education at MSU to receive his MA in Economics. Murray was then hired by the Department of Commerce in 1966. He transferred to the Financial Institutions Bureau as a research assistant in 1968, where he was responsible for analyzing legislation. To this day, Murray has continued to be actively involved in legislative activities for the FIB; and

Whereas, Having served as Deputy Commissioner in the Office of Policy and Consumer Affairs since 1977, Murray Brown has been instrumental in countless issues affecting financial policy. His most memorable assignments and major projects include the recodification of the Banking Code in 1969, bank holding companies in 1972, savings and loan conversions in 1973, anti-redlining in 1977, electronic funds transfer in 1978, the Savings and Loan Act in 1980, foreign banking in 1984, interstate banking in 1985, business and industrial development companies in 1986, mortgage banking legislation in 1987, statewide branching in 1988, Omnibus Licensing in 1988, insurance sales by lenders in 1994, interstate branching in 1995, and interest rate reform in 1995. While playing a major role in the drafting, negotiating, and passing of legislation, Mr. Brown has truly served as a champion of consumer protection; and

Whereas, Murray has shared his knowledge and expertise through various publications and research activities. These include The Michigan Mortgage Market: A Survey Subsequent to Removal of Usury Restrictions-December, 1969; Interim Report on Electronic Funds Transfer-November, 1979; and, An Analysis of Mandatory Interest on Mortgage Escrow Accounts-September, 1979. Murray has also submitted numerous articles in trade publications on financial services and, in 1968, wrote a study of stock ownership of Michigan State Chartered Banks; and

Whereas, Mr. Brown shares his time and participates in many organizational memberships. He is a board member and immediate past president of Child Abuse Prevention Services, Inc; a board member and immediate past president of American Association of Residential Mortgage Regulators (AARMR); and, is second vice-president of the Lansing Chapter of Torch Clubs, International; and

Whereas, Many will attest to Murray Brown's credibility and competence. He is highly respected, trusted, ethical, and extremely well-liked. Murray's vision, initiatives, and effectiveness will long serve and influence the public policy mission of the Financial Institutions Bureau; now, therefore, be it

Resolved by the House of Representatives, That we offer our warmest congratulations to Mr. Murray E. Brown as he retires after thirty-one years with the Financial Institutions Bureau of the State of Michigan. May he always know of our respect, appreciation, and admiration; and be it further

Resolved, That a copy of this resolution be transmitted to Murray E. Brown as evidence of our best wishes for health, happiness, and ample time to enjoy and pursue his own pleasures.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reports of Standing Committees

The Committee on Corrections, by Rep. Freeman, Chair, reported

Senate Bill No. 57, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal allacts inconsistent therewith," by amending section 42 (MCL 800.42), as added by 1989 PA 168, and by adding section 44.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 57 To Report Out:

Yeas: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Jaye, Nye, Perricone,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 22, 1997, at 8:30 a.m.,

Present: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Jaye, Nye, Perricone,

Absent: Rep. Mans,

Excused: Rep. Mans.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4700, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1996 PA 204.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4700 To Report Out:

Yeas: Reps. Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Galloway, Gernaat, Green, Middleton,

Nays: None.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4701, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 208, 217, 221, 232, and 307 (MCL 257.204a, 257.208, 257.217, 257.221, 257.232, and 257.307), section 204a as amended by 1996 PA 102, section 208 as amended by 1996 PA 471, section 217 as amended by 1996 PA 59, and section 307 as amended by 1996 PA 205.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4701 To Report Out:

Yeas: Reps. Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Galloway, Gernaat, Green, Middleton,

Nays: None.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4702, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80129, 81120, and 82113 (MCL 324.80129, 324.81120, and 324.82113), as added by 1995 PA 58.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4702 To Report Out:

Yeas: Reps. Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Nays: None.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4741, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title, as amended by 1991 PA 98, and by adding section 831.

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

1. Amend page 4, line 9, after "THE" by striking out "GENERAL" and inserting "MICHIGAN TRANSPORTATION".

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

Favorable Roll Call

HB 4741 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Curtis, Wojno, Galloway, Gernaat, Green, Middleton,

Nays: Reps. Brown, Olshove, Scott, Byl.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4766, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 33 (MCL 257.33), as amended by 1995 PA 140.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4766 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 21, 1997, at 4:45 p.m.,

Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Absent: Rep. Mans,

Excused: Rep. Mans.

Messages from the Senate

House Bill No. 4034, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 1 and 3 (MCL 125.31 and 125.33), section 3 as amended by 1986 PA 5.

The Senate has passed the bill and ordered that it be given immediate effect.

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

Senate Bill No. 272, entitled

A bill to make and supplement appropriations for various state departments and agencies for the fiscal year ending September 30, 1997 and for the fiscal year ending September 30, 1996; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 297, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20920, 20921, and 20965 (MCL 333.20920, 333.20921, and 333.20965), as added by 1990 PA 179.

The Senate has passed the bill.

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

Senate Bill No. 414, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 132, 151, 209, 212, 217, 301, 302, 303, 336, 344, 345, 404, 415, 421, 472, 489, 491a, 528, 551, 564a, 564b, 567, 602, 611, 631, 641, 701, 703a, 706, 707, 712, 724, 735, 751, 753, 762, 801, 805, 811, 817, 842a, 855a, 1011, 1041, 1042, and 1062 (MCL 450.1132, 450.1151, 450.1209, 450.1212, 450.1217, 450.1301, 450.1302, 450.1303, 450.1336, 450.1344, 450.1345, 450.1404, 450.1415, 450.1421, 450.1472, 450.1489, 450.1491a, 450.1528, 450.1551, 450.1564a, 450.1564b, 450.1567, 450.1602, 450.1611, 450.1631, 450.1641, 450.1701, 450.1703a, 450.1706, 450.1707, 450.1712, 450.1724, 450.1735, 450.1751, 450.1753, 450.1762, 450.1801, 450.1805, 450.1811, 450.1817, 450.1842a, 450.1855a, 450.2011, 450.2041, 450.2042, and 450.2062), sections 132, 212, 217, 301, 302, 303, 404, 415, 567, 602, 701, 706, 707, 762, 801, 817, and 1041 as amended and sections 336, 489, 491a, 564a, 703a, 724, and 855a as added by 1989 PA 121, sections 209, 344, 345, 472, 528, 551, 564b, 631, 712, 735, 753, 805, 811, 842a, 1042, and 1062 as amended by 1993 PA 91, and section 641 as amended by 1982 PA 407, and by adding sections 406, 488, and 736; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 466, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

The Senate has passed the bill.

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

Senate Bill No. 467, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 10c.

The Senate has passed the bill.

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

Senate Bill No. 490, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending sections 13a, 18, 18f, 19, and 19a of chapter XIIA (MCL 712A.13a, 712A.18, 712A.18f, 712A.19, and 712A.19a), section 13a as amended by 1996 PA 409, section 18 as amended by 1996 PA 244, sections 18f and 19 as amended by 1996 PA 16, and section 19a as amended by 1994 PA 264, and by adding section 13b to chapter XIIA.

The Senate has passed the bill.

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

Senate Bill No. 491, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 6232.

The Senate has passed the bill.

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

Senate Bill No. 492, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending the title (MCL 722.111 to 722.128), as amended by 1994 PA 209, and by adding section 8b.

The Senate has passed the bill.

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

Senate Bill No. 495, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending sections 102, 104, 105, 106, 211, 217, 301, 303, 305, 311, 315, 317, 401, 403, 405, 407, 503, 505, 507, 509, 511, 601, 603, 709, 711, 713, 801, 807, 813, and 905 (MCL 487.1102, 487.1104, 487.1105, 487.1106, 487.1211, 487.1217, 487.1301, 487.1303, 487.1305, 487.1311, 487.1315, 487.1317, 487.1401, 487.1403, 487.1405, 487.1407, 487.1503, 487.1505, 487.1507, 487.1509, 487.1511, 487.1601, 487.1603, 487.1709, 487.1711, 487.1713, 487.1801, 487.1807, 487.1813, and 487.1905).

The Senate has passed the bill.

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

Senate Bill No. 501, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 501b.

The Senate has passed the bill.

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

Senate Bill No. 503, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1988 PA 372.

The Senate has passed the bill.

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

Senate Bill No. 504, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1995 PA 225, and by adding section 7b.

The Senate has passed the bill.

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

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 21:

Senate Bill Nos. 512 513

The Clerk announced that the following Senate bills had been received on Thursday, May 22:

Senate Bill Nos. 272 414 490 495 503 504

Communications from State Officers

The following communication from the Auditor General was received and read:

May 21, 1997

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

Performance Audit of the

Indian Gaming Oversight Program

Office of Racing Commissioner

Department of Agriculture

May 1997

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Ethics.

Introduction of Bills

Reps. Llewellyn, Cropsey, Goschka, Walberg, Voorhees and Rhead introduced

House Bill No. 4817, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending sections 10 and 10c (MCL 247.660 and 247.660c), section 10 as amended by 1993 PA 294 and section 10c as amended by 1990 PA 73; and to repeal acts and parts of acts.

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

Reps. Llewellyn, Cropsey, Goschka, Walberg, Voorhees and Rhead introduced

House Bill No. 4818, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

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

Reps. Llewellyn, DeVuyst, Lowe, McNutt, Green, Jelinek and Rhead introduced

House Bill No. 4819, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2128; and to repeal acts and parts of acts.

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

Rep. Bobier introduced

House Bill No. 4820, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501 and 61525 (MCL 324.61501 and 324.61525), as added by 1995 PA 57, and by adding sections 61525a and 61525b.

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

Rep. Bobier introduced

House Bill No. 4821, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501 and 62509 (MCL 324.62501 and 324.62509), as added by 1995 PA 57, and by adding sections 62509a and 62509b.

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

Reps. Profit, Palamara, Raczkowski, Middaugh, Dobb, Quarles, Murphy, Olshove and Perricone introduced

House Bill No. 4822, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.

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

Reps. Profit and Schroer introduced

House Bill No. 4823, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 382 (MCL 32.782), as amended by 1992 PA 307.

The bill was read a first time by its title and referred to the Committee on Senior Citizens and Veterans Affairs.

Rep. Profit introduced

House Bill No. 4824, entitled

A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 20 (MCL 41.290), as added by 1989 PA 80.

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

Reps. Gilmer, Johnson, McBryde, Geiger, Godchaux, Scranton, Oxender, Jansen, Bobier, Jellema and Bankes introduced

House Bill No. 4825, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 367b (MCL 18.1367b), as added by 1991 PA 72.

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

Reps. Gilmer, Johnson, McBryde, Geiger, Godchaux, Scranton, Oxender, Jansen, Bobier and Jellema introduced

House Bill No. 4826, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 352 (MCL 18.1352), as amended by 1991 PA 72.

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

Reps. Birkholz, Gire, Sikkema, Gustafson, Gernaat, Law, Gilmer, Agee, Freeman, Dobronski, Brewer, Gagliardi, Schroer, Brater, Jelinek, Raczkowski, Richner, Walberg, Emerson, Wetters, Bogardus, Jellema, McBryde, Green, Godchaux, Harder, Schauer, Thomas, Hale, Fitzgerald, Byl, McNutt, LeTarte, Hanley, Cropsey, Bobier, Dalman, Bodem, Dobb, Johnson, Bankes, Scranton, Jansen, Rocca, Kukuk, Profit, Mans, Geiger, Cassis, Rhead, Llewellyn, Voorhees, Brackenridge, Oxender and Galloway introduced

House Bill No. 4827, entitled

A bill to amend 1933 PA 99, entitled "An act to authorize incorporated villages, townships, and cities to enter into contracts and agreements for the purchase of lands, property, or equipment for public purposes; to validate such contracts or agreements heretofore entered into; to provide for the payment of the purchase price thereof; and to prescribe the use of such lands, equipment, and property," by amending the title and sections 1 and 3 (MCL 123.721 and 123.723) and by adding section 1a.

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

Reps. Cherry, Agee, Schauer, Profit, Baird, Gire, Cropsey, Tesanovich, Hale, Hanley and Anthony introduced

House Bill No. 4828, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1204a (MCL 380.1204a), as amended by 1996 PA 159, and by adding section 1204b.

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

______

Rep. Birkholz moved that the House adjourn.

The motion prevailed, the time being 1:25 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 27, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.