No. 43

JOURNAL OF THE HOUSE


House Chamber, Lansing, Thursday, May 15, 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--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--excused

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--excused

Perricone--present

Price--excused

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--e/d/s

Wojno--present

e/d/s = entered during session

The Rev. Lynn White, Pastor of the Washington First Assembly of God, Washington Township, offered the following invocation:

"Father, As we stand here today, we stand in a place of honor and a place of humility. We thank You, Lord, for these appointments--You have appointed leaders of our state to give direction under Your direction. We thank You, Lord, as we stand here this morning--men and women--at a time in our lives, a time of our nation, a time of our state of need. And, we recognize, Lord, that all that we have need of is not legislative by us as individuals but there is that which is needed from above. So, as we stand here today we call upon You to give us the enlightenment and the ability, and the insight, Lord, to make the choices and decisions in our government that would not be divided necessarily along party lines. Instead, Father, that You would draw the line of righteousness in our hearts so that we would make the choices and decisions based upon that which is right. We thank You, Lord, for this. We would ask that You move in our hearts and in our lives as each one of us standing here is in need of that. Father, we pray for our state. We would ask You, Lord, that You would give direction for those people who are hurting. And for the needy, Father, we would ask that You give us compassion and love, and a strong desire to do what we can do for the promotion of and for the welfare of the people of this state. We thank You for it. Father, we would thank You for the men and the women who have been appointed to office. As the scripture says, these elections are elections of God and as we stand in this place of prayer this morning, we pray for those as You have commanded us to do in the book of Timothy--to pray for those who are in places of leadership and authority. So, Lord, we pray for those who are here today; but not only here, Lord--in the homes, in the churches and for those who are in the local levels of government. We pray, Father, that we would lift this House this morning and we ask that You give direction on the decisions that must be made today. We humble ourselves under the almighty hand of God and ask that You, Lord, lift us up and give us clarity of thought and speech, as we do that which is Your business. Lord, we give You the praise and we thank You for it in Christ's wonderful name--and they all said--Amen."

______

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

The motion prevailed.

Third Reading of Bills

House Bill No. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

The bill was read a third time.

The question being on passage of the bill,

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

The motion prevailed.

House Bill No. 4465, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 54.

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

Roll Call No. 345 Yeas--103

Agee Dobronski Jellema Perricone

Alley Emerson Johnson Profit

Anthony Fitzgerald Kaza Prusi

Baade Frank Kelly Quarles

Baird Freeman Kukuk Raczkowski

Bankes Gagliardi LaForge Rhead

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 Hammerstrom Middaugh Vaughn

Crissman Hanley Middleton Voorhees

Cropsey Harder Murphy Walberg

Curtis Hood Nye Wallace

Dalman Horton Olshove Wetters

DeHart Jansen Owen Whyman

DeVuyst Jaye Oxender Wojno

Dobb Jelinek Palamara

Nays--0

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.

______

Rep. Schroer moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

Rep. Willard entered the House Chambers.

House Bill No. 4466, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending the title and sections 1, 3, 7, 8, 13, 25, and 27 (MCL 141.1051, 141.1053, 141.1057, 141.1058, 141.1063, 141.1075, and 141.1077), the title and sections 3, 8, 13, and 27 as amended by 1996 PA 241, section 7 as amended by 1996 PA 391, and section 25 as amended by 1988 PA 316, and by adding section 16b.

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

Roll Call No. 346 Yeas--101

Agee Dobronski Jelinek Perricone

Alley Emerson Jellema Profit

Anthony Fitzgerald Johnson Prusi

Baade Frank Kaza Raczkowski

Baird Freeman Kelly Rhead

Bankes Gagliardi Kukuk Richner

Birkholz Galloway Law Rison

Bobier Geiger Leland Rocca

Bodem Gernaat LeTarte Schauer

Bogardus Gilmer Llewellyn Schermesser

Brackenridge Gire London Schroer

Brater Godchaux Lowe Scott

Brewer Goschka Mans Scranton

Brown Green Martinez Sikkema

Byl Griffin Mathieu Stallworth

Callahan Gubow McBryde Tesanovich

Cassis Gustafson McManus Thomas

Cherry Hale McNutt Vaughn

Ciaramitaro Hammerstrom Middaugh Voorhees

Crissman Hanley Middleton Walberg

Cropsey Harder Murphy Wallace

Curtis Hood Olshove Wetters

Dalman Horton Owen Whyman

DeHart Jansen Oxender Willard

DeVuyst Jaye Palamara Wojno

Dobb

Nays--0

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.

Senate Bill No. 51, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40113a (MCL 324.40113a), as added by 1996 PA 377.

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

Roll Call No. 347 Yeas--101

Agee Dobronski Jelinek Profit

Alley Emerson Jellema Prusi

Anthony Fitzgerald Johnson Quarles

Baade Frank Kaza Raczkowski

Baird Freeman Kelly Rhead

Bankes Gagliardi Kukuk Richner

Birkholz Galloway Law Rison

Bobier Geiger Leland Rocca

Bodem Gernaat LeTarte Schauer

Bogardus Gilmer Llewellyn Schermesser

Brackenridge Gire London Schroer

Brater Godchaux Lowe Scott

Brewer Goschka Mans Scranton

Brown Green Martinez Sikkema

Byl Griffin Mathieu Stallworth

Callahan Gubow McBryde Tesanovich

Cassis Gustafson McManus Thomas

Cherry Hale McNutt Vaughn

Ciaramitaro Hammerstrom Middaugh Voorhees

Crissman Hanley Middleton Walberg

Cropsey Harder Nye Wallace

Curtis Hood Olshove Wetters

Dalman Horton Oxender Whyman

DeHart Jansen Palamara Willard

DeVuyst Jaye Perricone Wojno

Dobb

Nays--0

In The Chair: Murphy

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

"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,".

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.

House Bill No. 4005, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21054u.

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

Roll Call No. 348 Yeas--101

Agee Dobronski Jelinek Palamara

Alley Emerson Jellema Perricone

Anthony Fitzgerald Johnson Profit

Baade Frank Kaza Prusi

Baird Freeman Kelly Quarles

Bankes Gagliardi Kukuk Raczkowski

Birkholz Galloway Law Rhead

Bobier Geiger Leland Richner

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 Tesanovich

Cassis Gustafson McManus Thomas

Cherry Hale McNutt Vaughn

Ciaramitaro Hammerstrom Middaugh Voorhees

Crissman Hanley Middleton Walberg

Cropsey Harder Murphy Wallace

Curtis Hood Nye Wetters

Dalman Horton Olshove Whyman

DeHart Jansen Owen Willard

DeVuyst Jaye Oxender Wojno

Dobb

Nays--0

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, Baade, Bobier, Bodem, Bogardus, Brater, Brewer, Callahan, Cherry, Cropsey, Dalman, DeHart, DeVuyst, Dobb, Gilmer, Goschka, Gubow, Hale, Hanley, Horton, Jansen, Jelinek, Kelly, Kukuk, Law, McBryde, Murphy, Olshove, Oxender, Prusi, Quarles, Rocca, Schermesser, Scott, Vaughn, Voorhees, Wetters and Wojno were named co-sponsors of the bill.

House Bill No. 4006, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406f.

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

Roll Call No. 349 Yeas--100

Agee Dobb Jelinek Profit

Alley Dobronski Jellema Prusi

Anthony Emerson Kaza Quarles

Baade Fitzgerald Kelly Raczkowski

Baird Frank Kukuk Rhead

Bankes Freeman Law Richner

Birkholz Gagliardi Leland Rison

Bobier Galloway LeTarte Rocca

Bodem Geiger Llewellyn Schauer

Bogardus Gernaat London Schermesser

Brackenridge Gilmer Lowe Schroer

Brater Godchaux Mans Scott

Brewer Goschka Martinez Scranton

Brown Green Mathieu Sikkema

Byl Griffin McBryde Stallworth

Callahan Gubow McManus Tesanovich

Cassis Gustafson McNutt Thomas

Cherry Hale Middaugh Vaughn

Ciaramitaro Hammerstrom Middleton Voorhees

Crissman Hanley Murphy Walberg

Cropsey Harder Nye Wallace

Curtis Hood Olshove Wetters

Dalman Horton Oxender Whyman

DeHart Jansen Palamara Willard

DeVuyst Jaye Perricone Wojno

Nays--0

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. Agee, Anthony, Baird, Bogardus, Brewer, Cherry, DeHart, DeVuyst, Dobb, Frank, Freeman, Gagliardi, Gernaat, Gilmer, Goschka, Hale, Hanley, Hood, Horton, Jansen, Jelinek, Kelly, Kukuk, Law, Martinez, Mathieu, McBryde, Murphy, Owen, Oxender, Prusi, Rocca, Schermesser, Scott, Vaughn, Voorhees, Willard and Wojno were named co-sponsors of the bill.

House Bill No. 4415, 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 418.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

House Bill No. 4606, entitled

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

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

Roll Call No. 350 Yeas--102

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Profit

Anthony Fitzgerald Kelly Prusi

Baade Frank Kukuk Quarles

Baird Freeman LaForge Raczkowski

Bankes Gagliardi Law Rhead

Birkholz Galloway Leland Richner

Bobier Geiger LeTarte Rocca

Bodem Gernaat Llewellyn Schauer

Bogardus Gilmer London Schermesser

Brackenridge Gire Lowe Schroer

Brater Godchaux Mans Scott

Brewer Goschka Martinez Scranton

Brown Green Mathieu Sikkema

Byl Gubow McBryde Stallworth

Callahan Gustafson McManus Tesanovich

Cassis Hale McNutt Thomas

Cherry Hammerstrom Middaugh Vaughn

Ciaramitaro Hanley Middleton Voorhees

Crissman Harder Murphy Walberg

Cropsey Hood Nye Wallace

Curtis Horton Olshove Wetters

Dalman Jansen Owen Whyman

DeHart Jaye Oxender Willard

DeVuyst Jelinek Palamara Wojno

Dobb Jellema

Nays--0

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.

Second Reading of Bills

Senate Bill No. 140, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Conservation, Environment and Recreation (for amendments, see House Journal No. 30, p. 577),

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

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 2, line 13, after "3131." by inserting "(1)".

2. Amend page 2, following line 20, by inserting:

"(2) IF THE MICHIGAN SUPREME COURT RULES THAT SECTIONS 45 AND 46 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.245 AND 24.246, ARE UNCONSTITUTIONAL AND A STATUTE REQUIRING LEGISLATIVE REVIEW OF ADMINISTRATIVE RULES IS NOT ENACTED WITHIN 90 DAYS AFTER THE MICHIGAN SUPREME COURT RULING, THE RULE-MAKING AUTHORITY UNDER THIS SECTION AND ANY RULES PROMULGATED UNDER THAT RULE-MAKING AUTHORITY ARE RESCINDED, AND THE LAND APPLICATION OF SEWAGE SLUDGE SHALL BE MANAGED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE CONSISTENT WITH THE REQUIREMENTS OF 40 C.F.R. PART 503.".

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

Rep. Alley moved to amend the bill as follows:

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

"(E) "SEWAGE SLUDGE DERIVATIVE" MEANS A PRODUCT FOR LAND APPLICATION DERIVED FROM SEWAGE SLUDGE THAT DOES NOT INCLUDE SOLID WASTE OR OTHER WASTE REGULATED UNDER THIS ACT." and relettering the remaining subdivisions".

2. Amend page 2, line 7, after "A" by striking out the balance of the subdivision and inserting "SEWAGE SLUDGE DERIVATIVE.".

3. Amend page 2, line 16, after "SLUDGE" by inserting "AND SEWAGE SLUDGE DERIVATIVES".

4. Amend page 2, line 20, after "SLUDGE" by inserting "OR IN A SEWAGE SLUDGE DERIVATIVE".

5. Amend page 3, line 12, after "OR" by striking out "DISTRIBUTED THAT WAS" and inserting "THE NUMBER OF DRY TONS OF SEWAGE SLUDGE IN SEWAGE SLUDGE DERIVATIVES IT DISTRIBUTED THAT WERE".

6. Amend page 3, line 18, after "LAND" by inserting "OR IN SEWAGE SLUDGE DERIVATIVES APPLIED TO LAND".

7. Amend page 4, line 2, after "SLUDGE" by striking out "APPLIED TO LAND".

8. Amend page 4, line 24, after "SLUDGE" by inserting "AND SEWAGE SLUDGE DERIVATIVES".

9. Amend page 5, line 4, after "SLUDGE" by inserting "OR SEWAGE SLUDGE DERIVATIVES".

10. Amend page 5, line 5, after "SLUDGE" by inserting "OR SEWAGE SLUDGE DERIVATIVES".

11. Amend page 6, line 1, after "SLUDGE" by inserting "OR SEWAGE SLUDGE DERIVATIVE".

12. Amend page 6, line 3, after "SLUDGE" by inserting "OR SEWAGE SLUDGE DERIVATIVE".

13. Amend page 6, line 10, after "SLUDGE" by inserting "OR SEWAGE SLUDGE DERIVATIVE".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 20, after "DERIVATIVE." by inserting "HOWEVER, THE RULES SHALL REQUIRE THAT IF MONITORING OF SEWAGE SLUDGE OR A SEWAGE SLUDGE DERIVATIVE INDICATES A POLLUTANT CONCENTRATION IN EXCESS OF THAT PROVIDED IN TABLE 3 OF 40 C.F.R. 503.13, MONITORING FREQUENCY SHALL BE INCREASED TO NOT LESS THAN TWICE THAT PROVIDED IN TABLE 1 OF 40 C.F.R. 503.16, UNTIL POLLUTANT CONCENTRATIONS ARE AT OR BELOW THOSE PROVIDED IN TABLE 3 OF 40 C.F.R. 503.13.".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 20, after "503.13." by inserting "THE RULES SHALL REQUIRE A SEWAGE SLUDGE GENERATOR OR SEWAGE SLUDGE DISTRIBUTOR TO DELIVER TO A COUNTY, CITY, VILLAGE, OR TOWNSHIP A COPY OF ANY RECORD REQUIRED TO BE CREATED UNDER THE RULES PERTAINING TO SEWAGE SLUDGE OR A SEWAGE SLUDGE DERIVATIVE APPLIED TO LAND IN THAT LOCAL UNIT. THE COPY SHALL BE DELIVERED FREE OF CHARGE PROMPTLY AFTER THE RECORD IS CREATED.".

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

Rep. Brater moved to amend the bill as follows:

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

"(6) A LOCAL UNIT MAY ENACT, MAINTAIN, AND ENFORCE AN ORDINANCE THAT PROHIBITS THE LAND APPLICATION OF SEWAGE SLUDGE OR A SEWAGE SLUDGE DERIVATIVE IF MONITORING INDICATES A POLLUTANT CONCENTRATION IN EXCESS OF THAT PROVIDED IN TABLE 1 OF 40 C.F.R. 503.13 UNTIL SUBSEQUENT MONITORING INDICATES THAT POLLUTANT CONCENTRATIONS DO NOT EXCEED THOSE PROVIDED IN TABLE 1 OF 40 C.F.R. 503.13.".

The motion prevailed and 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 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

Senate Bill No. 140, entitled

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

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

Roll Call No. 351 Yeas--99

Agee Dobb Kaza Profit

Alley Emerson Kelly Prusi

Anthony Fitzgerald Kukuk Quarles

Baade Frank LaForge Raczkowski

Baird Freeman Law Rhead

Bankes Gagliardi Leland Richner

Birkholz Galloway LeTarte Rison

Bobier Geiger Llewellyn Rocca

Bodem Gernaat London Schauer

Bogardus Gilmer Lowe Schermesser

Brackenridge Gire Mans Schroer

Brater Godchaux Martinez Scott

Brewer Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Gubow McManus Tesanovich

Callahan Hale McNutt Thomas

Cassis Hammerstrom Middaugh Vaughn

Cherry Hanley Middleton Voorhees

Ciaramitaro Harder Murphy Walberg

Crissman Horton Nye Wallace

Cropsey Jansen Olshove Wetters

Curtis Jaye Owen Whyman

Dalman Jelinek Oxender Willard

DeHart Jellema Palamara Wojno

DeVuyst Johnson Perricone

Nays--1

Stallworth

In The Chair: Murphy

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

"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,".

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.

Rep. Gagliardi moved to reconsider the vote by which the House placed House Bill No. 4290 on the order of Third Reading of Bills.

The question being on the motion by Rep. Gagliardi,

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

(The bill was considered earlier today, see today's Journal, p. 904.)

Rep. Gagliardi moved to reconsider the vote by which the House adopted amendment No. 1 offered previously by Rep. Brown.

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

Rep. Brown withdrew the amendment.

Rep. Gagliardi moved to postpone consideration of the bill temporarily.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

House Bill No. 4415, 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 418.

(The bill was considered earlier today, see today's Journal, p. 909.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 352 Yeas--105

Agee Emerson Johnson Profit

Alley Fitzgerald Kaza Prusi

Anthony Frank Kelly Quarles

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 Hood Nye Walberg

Curtis Horton Olshove Wallace

Dalman Jansen Owen Wetters

DeHart Jaye Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Perricone Wojno

Dobronski

Nays--0

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, Cropsey, Dalman, DeVuyst, Dobb, Gubow, Horton, Jansen, Jelinek, Jellema, Kukuk, Law, McBryde, Middleton, Oxender, Rocca, Scott, Voorhees, Wallace and Wetters were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 322, entitled

A bill to designate the first Monday following February 4 as Mrs. Rosa L. Parks day in the state of Michigan.

The bill was read a second time.

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 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

Senate Bill No. 322, entitled

A bill to designate the first Monday following February 4 as Mrs. Rosa L. Parks day in the state of Michigan.

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

Roll Call No. 353 Yeas--98

Agee Dobb Jelinek Profit

Alley Dobronski Jellema Prusi

Anthony Emerson Johnson Quarles

Baade Fitzgerald Kaza Raczkowski

Baird Frank Kelly Rhead

Bankes Freeman Kukuk Richner

Birkholz Gagliardi LaForge Rison

Bobier Geiger Law Rocca

Bodem Gernaat Leland Schauer

Bogardus Gilmer LeTarte Schermesser

Brackenridge Gire London Schroer

Brater Godchaux Mans Scott

Brewer Goschka Martinez Scranton

Brown Green Mathieu Sikkema

Byl Griffin McBryde Stallworth

Callahan Gubow McManus Tesanovich

Cassis Gustafson McNutt Thomas

Cherry Hale Middaugh Varga

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Olshove Voorhees

Cropsey Harder Owen Wallace

Curtis Hood Oxender Wetters

Dalman Horton Palamara Willard

DeHart Jansen Perricone Wojno

DeVuyst Jaye

Nays--5

Galloway Middleton Nye Walberg

Lowe

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.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

(The bill was considered earlier today, see today's Journal, p. 912.)

Rep. Wetters moved to amend the bill as follows:

1. Amend page 2, line 5, after "appliance" by inserting "whose gross business receipts from activities covered by this act were more than $75,000.00 in the previous tax year".

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

Rep. Llewellyn 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. 354 Yeas--39

Alley Galloway Kaza Palamara

Bobier Gernaat Kukuk Perricone

Bodem Godchaux Llewellyn Profit

Brackenridge Green London Rhead

Byl Hammerstrom Lowe Rocca

Cropsey Harder McManus Voorhees

Curtis Horton McNutt Walberg

Dalman Jaye Middaugh Wetters

DeVuyst Jelinek Nye Whyman

Dobb Johnson Oxender

Nays--62

Agee Dobronski Kelly Rison

Anthony Emerson LaForge Schauer

Baade Fitzgerald Leland Schermesser

Baird Frank LeTarte Schroer

Bankes Freeman Mans Scott

Birkholz Geiger Martinez Scranton

Bogardus Gilmer Mathieu Sikkema

Brater Gire McBryde Stallworth

Brewer Goschka Middleton Tesanovich

Brown Gubow Murphy Thomas

Callahan Gustafson Owen Varga

Cassis Hale Prusi Vaughn

Cherry Hanley Quarles Wallace

Ciaramitaro Hood Raczkowski Willard

Crissman Jansen Richner Wojno

DeHart Jellema

In The Chair: Murphy

Rep. Bankes 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. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

The question being on passage of the bill,

After debate,

Rep. Harder 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 passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 355 Yeas--45

Agee Crissman Hanley Prusi

Anthony Dalman Hood Rison

Baade DeHart Jellema Schermesser

Baird Dobb Kelly Scott

Bankes Dobronski LaForge Stallworth

Birkholz Fitzgerald Law Tesanovich

Brater Freeman Leland Varga

Brewer Gagliardi Martinez Vaughn

Brown Gire Murphy Wallace

Callahan Gubow Owen Willard

Cherry Hale Palamara Wojno

Ciaramitaro

Nays--56

Alley Gilmer LeTarte Perricone

Bobier Godchaux Llewellyn Profit

Bodem Goschka London Raczkowski

Bogardus Green Lowe Rhead

Brackenridge Gustafson Mans Richner

Byl Hammerstrom Mathieu Rocca

Cassis Harder McBryde Schauer

Cropsey Horton McManus Scranton

Curtis Jansen McNutt Sikkema

DeVuyst Jaye Middaugh Thomas

Frank Jelinek Middleton Voorhees

Galloway Johnson Nye Walberg

Geiger Kaza Olshove Wetters

Gernaat Kukuk Oxender Whyman

In The Chair: Murphy

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

"Mr. Speaker and members of the House:

This bill is a blatant attack on small business.

Legal remedies already exist to allow unhappy customers or the state Attorney General to bring civil actions against disreputable or unethical businesspeople. Consumers already have recourse under the Consumer Protection Act or through small claims court against those businesspeople who provide shoddy services or charge excessive amounts.

The problem is not a lack of laws. We need to help consumers understand the legal remedies that are available to them under current law."

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

"Mr. Speaker and members of the House:

This bill will impose increased costs on the consumers it purports to protect. In rural areas the effect will be particularly costly.

Many people old and young will have to pay more for service calls because part time service people in rural areas will stop providing these services.

If this is such a problem in urban areas lets draft a bill that applies to those areas and leave the people who live in rural who stand to lose the most alone. I have to oppose this bill because of the negative impact it will have on my rural constituents."

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

"Mr. Speaker and members of the House:

I voted against House Bill 4290 because it goes far beyond original intent. Being strongly supportive of consumer rights, I originally cosponsored HB 4290, but committee amendments have distorted the bill beyond recognition.

Consumers already are protected under current law by virtue of the fact that they can demand a written estimate for any work done on an appliance, and order that no additional work be performed if costs exceed the estimate. That right is firmly in current law.

As a strong advocate for consumers rights and being against burdensome over-regulation, I voted against HB 4290, and in so doing, upheld decency and common sense."

Rep. Gagliardi moved to reconsider the vote by which the House did not pass the bill.

The question being on the motion by Rep. Gagliardi,

Rep. Gagliardi moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

House Bill No. 4753, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 160 (MCL 330.1100a and 330.1160), section 100a as added by 1995 PA 290 and section 160 as added by 1983 PA 249.

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

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 8, line 5, after "IMPAIRED" by inserting a comma and "BUT NOT INCLUDING A MINOR WHO HAS BEEN DIAGNOSED AS HAVING ATTENTION DEFICIT DISORDER,".

2. Amend page 9, following line 27, by inserting:

"(4) A PARENT, LEGAL GUARDIAN, OR OTHER INDIVIDUAL RESPONSIBLE FOR THE CARE AND WELFARE OF AN ELIGIBLE MINOR WHO RECEIVES FAMILY SUPPORT SUBSIDY PAYMENTS SHALL SPEND THOSE FUNDS ONLY FOR THE CARE, EDUCATION, AND WELFARE OF THE ELIGIBLE MINOR. AS A CONDITION OF RECEIVING FAMILY SUPPORT SUBSIDY PAYMENTS, THE DEPARTMENT SHALL REQUIRE THE RECIPIENT OF THE PAYMENTS TO FILE AN ANNUAL REPORT WITH THE DEPARTMENT INDICATING HOW THE FUNDS WERE USED DURING THE PAST YEAR. THE DEPARTMENT MAY MODEL THE REPORT AFTER THE ANNUAL REPORT REQUIRED BY THE SOCIAL SECURITY ADMINISTRATION FROM REPRESENTATIVE PAYEES FOR RECIPIENTS OF SOCIAL SECURITY SURVIVOR'S BENEFITS.".

Rep. Cassis moved that the amendments be considered separately.

The motion prevailed.

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

Rep. Cassis 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 adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 356 Yeas--99

Agee Fitzgerald Kaza Prusi

Anthony Frank Kelly Quarles

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 Sikkema

Brown Gubow Mathieu Stallworth

Callahan Gustafson McBryde Tesanovich

Cassis Hale McManus Thomas

Cherry Hammerstrom McNutt Varga

Ciaramitaro Hanley Middaugh Vaughn

Crissman Harder Middleton Voorhees

Cropsey Hood Murphy Walberg

Curtis Horton Nye Wallace

Dalman Jansen Olshove Wetters

DeHart Jaye Owen Whyman

DeVuyst Jelinek Oxender Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson Profit

Nays--0

In The Chair: Murphy

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

Rep. Cassis withdrew the amendment.

Rep. Baird 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. 4753, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 160 (MCL 330.1100a and 330.1160), section 100a as added by 1995 PA 290 and section 160 as added by 1983 PA 249.

The bill was read a third time.

The question being on the passage of the bill.

Rep. McBryde moved that consideration of the bill be postponed for the day.

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

Rep. McBryde demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. McBryde,

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

Roll Call No. 357 Yeas--51

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kukuk Perricone

Brackenridge Godchaux Law Rhead

Byl Goschka LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Scranton

Cropsey Hammerstrom Lowe Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Walberg

Dobb Jaye McNutt Whyman

Fitzgerald Jelinek Middaugh

Nays--51

Agee Dobronski Mans Schermesser

Anthony Emerson Martinez Schroer

Baade Frank Mathieu Scott

Baird Freeman Murphy Stallworth

Bogardus Gagliardi Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Profit Vaughn

Callahan Harder Prusi Wallace

Cherry Hood Quarles Wetters

Ciaramitaro Kelly Raczkowski Willard

Curtis LaForge Rison Wojno

DeHart Leland Schauer

In The Chair: Murphy

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 358 Yeas--96

Agee DeVuyst Jansen Profit

Alley Dobb Jelinek Prusi

Anthony Dobronski Jellema Quarles

Baade Emerson Kaza Raczkowski

Baird Fitzgerald Kelly Rhead

Bankes Frank Kukuk Richner

Birkholz Freeman LaForge Rison

Bobier Gagliardi Law Rocca

Bodem Galloway Leland Schauer

Bogardus Geiger LeTarte Schermesser

Brackenridge Gernaat London Schroer

Brater Gilmer Lowe Scott

Brewer Gire Mans Scranton

Brown Godchaux Martinez Sikkema

Byl Goschka Mathieu Stallworth

Callahan Green McBryde Tesanovich

Cassis Gubow Middaugh Thomas

Cherry Gustafson Middleton Varga

Ciaramitaro Hale Murphy Vaughn

Crissman Hammerstrom Olshove Voorhees

Cropsey Hanley Owen Wallace

Curtis Harder Oxender Wetters

Dalman Hood Palamara Willard

DeHart Horton Perricone Wojno

Nays--7

Jaye Llewellyn Nye Whyman

Johnson McNutt Walberg

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, Birkholz, Bodem, Brackenridge, Brater, Brown, Callahan, Cherry, Ciaramitaro, Crissman, Cropsey, Dalman, DeHart, DeVuyst, Dobb, Dobronski, Gagliardi, Goschka, Gubow, Hale, Hammerstrom, Hanley, Harder, Hood, Jansen, Jellema, Kelly, Kukuk, Mans, Martinez, McBryde, Murphy, Olshove, Oxender, Profit, Prusi, Rison, Schauer, Schermesser, Schroer, Scott, Scranton, Tesanovich, Thomas, Varga, Vaughn, Voorhees, Wallace, Wetters and Willard were named co-sponsors of the bill.

______

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 20, at 2:00 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, May 13:

Senate Bill No. 501

The Clerk announced that the following Senate bills had been received on Thursday, May 15:

Senate Bill Nos. 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 437 480

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Insurance, by Rep. Gubow, Chair, reported

House Bill No. 4661, entitled

A bill to amend 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section8 (MCL 550.528).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4661 To Report Out:

Yeas: Reps. Gubow, Scott, Bogardus, Freeman, Palamara, Profit, Thomas, Varga, Llewellyn, Green, Jelinek, Law, London,

Nays: None.

The Committee on Insurance, by Rep. Gubow, Chair, reported

House Bill No. 4757, entitled

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

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

1. Amend page 1, line 1, after "JANUARY 1," by striking out "1999," and inserting "2000 AND EVERY RATE FILING THEREAFTER".

2. Amend page 1, line 2, after "THE" by striking out "ANTICIPATED" and inserting "ACTUAL".

3. Amend page 1, line 3, after "INSURANCE" by inserting "AND RESIDUAL LIABILITY INSURANCE".

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

Favorable Roll Call

HB 4757 To Report Out:

Yeas: Reps. Gubow, Scott, Bogardus, Freeman, Palamara, Profit, Thomas, Varga, Vaughn, Llewellyn, Green, Jelinek, Law, London, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 1997, at 4:04 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Freeman, Palamara, Profit, Thomas, Varga, Vaughn, Llewellyn, Green, Jelinek, Law, London, Voorhees,

Absent: Reps. Dobronski, Middaugh,

Excused: Reps. Dobronski, Middaugh.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 133, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 40 (MCL 436.40), as amended by 1994 PA 421.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 133 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Fitzgerald, Jaye, Richner,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 227, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1992 PA 103.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 227 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Fitzgerald, Richner, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 228, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 228 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Fitzgerald, Richner, Scranton, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, May 15, 1997, at 8:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Jaye, Richner, Scranton, Voorhees,

Absent: Reps. Profit, Rocca,

Excused: Reps. Profit, Rocca.

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

House Bill No. 4308, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4308 To Report Out:

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

Nays: Reps. Gilmer, Bankes, Johnson.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 1997, at 1:00 p.m.,

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

Absent: Rep. Rison,

Excused: Rep. Rison.

Messages from the Senate

House Bill No. 4352, entitled

A bill to authorize the state administrative board to convey certain state owned property in Genesee county; to prescribe conditions for the conveyance; to provide for disposition of the revenue derived from the conveyance; and to repeal acts and parts of acts.

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. 372, entitled

A bill to amend 1969 PA 235, entitled "An act authorizing local units of government to regulate and control traffic in parking areas; and to provide a penalty for a violation of this act," by amending section 2a (MCL 257.942a).

The Senate has passed the bill.

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

Senate Bill No. 373, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1993 PA 225.

The Senate has passed the bill.

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

Senate Bill No. 374, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 102 and 304b (MCL 484.2102 and 484.2304b), section 102 as amended and section 304b as added by 1995 PA 216.

The Senate has passed the bill.

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

Senate Bill No. 375, entitled

A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 8 (MCL 388.558).

The Senate has passed the bill.

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

Senate Bill No. 376, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending section 2 (MCL 125.1502), as amended by 1980 PA 371.

The Senate has passed the bill.

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

Senate Bill No. 377, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 34a (MCL 791.234a), as amended by 1994 PA 427.

The Senate has passed the bill.

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

Senate Bill No. 378, entitled

A bill to amend 1967 PA 291, entitled "An act to authorize state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected," by amending sections 1 and 2a (MCL 390.891 and 390.892a), section 1 as amended by 1992 PA 229 and section 2a as amended by 1991 PA 42.

The Senate has passed the bill.

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

Senate Bill No. 379, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 3 and 6 (MCL 400.703 and 400.706), as amended by 1996 PA 194.

The Senate has passed the bill.

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

Senate Bill No. 380, entitled

A bill to amend 1990 PA 325, entitled "Michigan museum act," by amending sections 110 and 210 (MCL 399.410 and 399.510).

The Senate has passed the bill.

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

Senate Bill No. 381, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 396 (MCL 16.496).

The Senate has passed the bill.

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

Senate Bill No. 382, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 1, 22, 32b, 44, and 44d (MCL 125.1401, 125.1422, 125.1432b, 125.1444, and 125.1444d), section 1 as amended by 1984 PA 215, sections 22, 32b, and 44 as amended by 1996 PA 475, and section 44d as added by 1987 PA 86.

The Senate has passed the bill.

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

Senate Bill No. 383, entitled

A bill to amend 1964 PA 232, entitled "Rehabilitation act of 1964," by amending section 2 (MCL 395.82).

The Senate has passed the bill.

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

Senate Bill No. 384, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 1989 PA 193.

The Senate has passed the bill.

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

Senate Bill No. 385, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 504, 514, 605, 701, 1296, 1311, 1321, 1701, 1701a, 1711, 1723, 1724, 1751, 1756, 1757, and 1761 (MCL 380.4, 380.5, 380.6, 380.504, 380.514, 380.605, 380.701, 380.1296, 380.1311, 380.1321, 380.1701, 380.1701a, 380.1711, 380.1723, 380.1724, 380.1751, 380.1756, 380.1757, and 380.1761), section 5 as amended by 1995 PA 289, sections 504 and 1701a as amended and section 514 as added by 1994 PA 416, section 605 as amended by 1985 PA 86, section 1311 as amended by 1995 PA 250, section 1321 as amended by 1990 PA 163, and section 1724 as amended by 1994 PA 258.

The Senate has passed the bill.

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

Senate Bill No. 386, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 51a and 105 (MCL 388.1651a and 388.1705), as added by 1996 PA 300.

The Senate has passed the bill.

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

Senate Bill No. 387, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 509b, 40102, 40103, 40107, 70103, 81101, 81123, 81127, and 81133 (MCL 324.509b, 324.40102, 324.40103, 324.40107, 324.70103, 324.81101, 324.81123, 324.81127, and 324.81133), sections 40102, 40103, and 40107 as added by 1995 PA 57 and sections 70103, 81101, 81123, 81127, and 81133 as added by 1995 PA 58.

The Senate has passed the bill.

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

Senate Bill No. 388, 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 section 10e (MCL 247.660e), as amended by 1990 PA 73.

The Senate has passed the bill.

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

Senate Bill No. 389, entitled

A bill to amend 1986 PA 54, entitled "Building officials and inspection registration," by amending section 3 (MCL 338.2303).

The Senate has passed the bill.

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

Senate Bill No. 390, entitled

A bill to amend 1978 PA 260, entitled "An act to revise and codify the laws relating to blind persons and visually handicapped; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal certain acts and parts of acts," by amending the title and sections 4 and 6 (MCL 393.354 and 393.356).

The Senate has passed the bill.

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

Senate Bill No. 391, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 6 (MCL 409.306), as amended by 1985 PA 30.

The Senate has passed the bill.

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

Senate Bill No. 392, entitled

A bill to amend 1978 PA 454, entitled "Truth in renting act," by amending section 3 (MCL 554.633), as amended by 1991 PA 131.

The Senate has passed the bill.

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

Senate Bill No. 393, entitled

A bill to amend 1988 PA 112, entitled "The handicapper business opportunity act," by amending the title and sections 1, 2, 3, 4, and 5 (MCL 450.791, 450.792, 450.793, 450.794, and 450.795).

The Senate has passed the bill.

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

Senate Bill No. 394, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending sections 700a, 701a, 901, 905, 911, 915, 921, and 925 (MCL 418.700a, 418.701a, 418.901, 418.905, 418.911, 418.915, 418.921, and 418.925), sections 700a and 701a as added by 1993 PA 198 and sections 921 and 925 as amended by 1985 PA 103.

The Senate has passed the bill.

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

Senate Bill No. 395, entitled

A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," by amending section 4a (MCL 124.404a), as added by 1988 PA 481.

The Senate has passed the bill.

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

Senate Bill No. 396, entitled

A bill to amend 1981 PA 230, entitled "Michigan economic and social opportunity act of 1981," by amending section 11 (MCL 400.1111).

The Senate has passed the bill.

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

Senate Bill No. 397, entitled

A bill to amend 1983 PA 173, entitled "An act to promote the delivery of services by community-based organizations pursuant to the job training partnership act; and to provide for criteria for the selection of service providers," by amending section 1 (MCL 421.151), as amended by 1990 PA 146.

The Senate has passed the bill.

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

Senate Bill No. 398, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5431, 5817, 9315, 20201, 21034, and 21761 (MCL 333.5431, 333.5817, 333.9315, 333.20201, 333.21034, and 333.21761), section 5431 as amended by 1992 PA 81 and sections 20201 and 21034 as amended by 1982 PA 354.

The Senate has passed the bill.

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

Senate Bill No. 399, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 13a (MCL 38.1013a), as amended by 1981 PA 123.

The Senate has passed the bill.

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

Senate Bill No. 400, entitled

A bill to amend 1984 PA 387, entitled "State food stamp distribution act," by amending sections 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18, 19, and 20 (MCL 400.753, 400.754, 400.755, 400.757, 400.758, 400.759, 400.760, 400.761, 400.762, 400.763, 400.765, 400.766, 400.768, 400.769, and 400.770).

The Senate has passed the bill.

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

Senate Bill No. 401, entitled

A bill to amend 1984 PA 218, entitled "Third party administrator act," by amending sections 40 and 44 (MCL 550.940 and 550.944).

The Senate has passed the bill.

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

Senate Bill No. 402, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 316, 2005, 2515, and 2518 (MCL 339.316, 339.2005, 339.2515, and 339.2518), section 2005 as amended by 1992 PA 103 and section 2515 as amended and section 1518 as added by 1993 PA 93.

The Senate has passed the bill.

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

Senate Bill No. 437, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 796a (MCL 168.796a), as amended by 1996 PA 583.

The Senate has passed the bill.

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

Senate Bill No. 480, entitled

A bill to amend 1929 PA 9, entitled "An act to regulate corporations, associations or persons engaged in the business of carrying and transporting natural gas through pipe lines and to regulate the production, purchase and sale of natural gas; to provide for the control and regulation of such corporations, associations and persons by the Michigan public utilities commission; to define the powers and duties of the commission relative thereto; to prescribe penalties for the violations of the provisions hereof; and to repeal Act No. 29 of the Public Acts of 1889," (MCL 483.101 to 483.120) by adding sections 1a and 1b.

The Senate has passed the bill.

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

Notices

Public Hearing

Committee on Tax Policy

Date: Monday, May 19, 1997

Time: 2:30 p.m.

Place: Macomb County Court House, Mt. Clemens, Michigan

Rep. Profit

Chair

Agenda: State and local performance of protections for taxpayers in the Michigan constitution

and any/or all business properly before this committee

Introduction of Bills

Reps. Llewellyn, Rhead, Varga, Cropsey, McBryde, Bodem, Goschka, London, Lowe, Walberg, Gernaat, Hammerstrom, Oxender, McManus, Horton, Green, Anthony, Tesanovich, McNutt and Harder introduced

House Bill No. 4787, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding part 400.

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

Rep. Richner introduced

House Bill No. 4788, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 514 and 530 (MCL 280.514 and 280.530).

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

Reps. Palamara, Profit, Price, Mans, Schauer, Hanley, LaForge, Baird, Olshove, Baade, Law, Hammerstrom, Fitzgerald, Llewellyn, Jelinek, Gagliardi, Brater, Callahan, Wojno, Leland, Griffin, Gire, Alley, Hood, Vaughn, Prusi, Agee, Anthony, Tesanovich, Owen, Mathieu and Rhead introduced

House Bill No. 4789, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16336 and part 179.

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

Reps. McManus, Anthony, McBryde, Johnson, Walberg, Goschka, Kaza, Lowe, Dobb, Kelly, Cropsey, Cassis, Bodem, London, Hammerstrom, Jellema, Jansen, Green and Perricone introduced

House Bill No. 4790, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

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

Reps. Hanley, Brater, Murphy, Baird, Gubow, Olshove, Dobronski, London, Law, Rocca, Bodem, Kaza, Goschka, Wojno, Willard, Gire, Freeman, Brewer, LaForge, Palamara, Lowe, Bogardus, Price, Varga, Prusi, Bobier, Tesanovich, Cherry, Hale, Stallworth, Godchaux, Leland, Owen, Mans, Galloway and Jellema introduced

House Bill No. 4791, entitled

A bill to provide regulations and prohibitions concerning certain dangerous exotic animals; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials; to provide standards for the care of certain dangerous exotic animals; and to prescribe penalties and provide remedies.

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

Reps. Prusi, Law, Hanley, Bobier, Cherry, Tesanovich, Hale, Wojno, Callahan, Mans, Goschka, Kaza, Freeman, Gire, Willard, Brewer, Dobronski, Olshove, Curtis, Godchaux, Rocca, Kukuk, Harder, London, DeHart, Bodem, Galloway, Lowe, Green and Jellema introduced

House Bill No. 4792, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 429.

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

Reps. Law, Prusi, Hanley, Galloway, Godchaux, Rocca, DeVuyst, Kukuk, Freeman, Dobronski, Gire, Gubow, London, Olshove, Willard, Brewer, Jellema, Lowe, Hammerstrom, Bodem, Richner, McManus, Llewellyn, Green, Palamara, Bobier and Cassis introduced

House Bill No. 4793, entitled

A bill to provide regulations and prohibitions concerning wolf hybrids; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials with respect to certain canids; to provide standards for the care of wolf hybrids; and to prescribe penalties and provide remedies.

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

Reps. Llewellyn, Varga, Kukuk, McBryde, Lowe, Bodem, London, Cropsey, Goschka, Walberg, Gernaat, Oxender, McManus, Horton, Green, Tesanovich, McNutt, Harder and Rhead introduced

House Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 25 to article I, to declare the right of the people of Michigan to harvest, hunt, fish, and gather from their renewable resources.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Rocca, Baade, Perricone, Dobronski, McBryde, Crissman, Birkholz, Richner, Anthony, Rhead, Wetters, Freeman, Gire, Dobb, Bodem, Gernaat, Goschka, Cherry, DeHart, Tesanovich, Kukuk, Hale, Gubow, Olshove, Scranton, Llewellyn, Brater, Green, Voorhees, Godchaux, Dalman, Galloway, Lowe, Schermesser, Vaughn and Jaye offered the following resolution:

House Resolution No. 59.

A resolution commemorating the 25th Anniversary of DeKeyser Elementary, Sterling Heights, Michigan.

Whereas, It is with great respect for the role that this outstanding school has played in educating our young people, that we join with the people of Sterling Heights and Utica Community Schools in marking the 25th Anniversary of the founding of DeKeyser Elementary. On behalf of the countless students and families who have been touched by the work that has taken place here, we offer our thanks in celebrating this milestone; and

Whereas, Few activities draw more attention and pressure than those that take place in a school. In seeking to prepare students for the adult world of work, challenge, and responsibility, our schools are, in reality, an extension of a community's hope and concern for the future. This is no small task. To achieve its lofty goals, an institution like DeKeyser Elementary must be focused and unified. DeKeyser Elementary has attained its reputation for effectiveness through the hard work and sacrifice of teachers, staff, and parents who have worked together over these 25 years; and

Whereas, Much has changed since DeKeyser Elementary first opened its doors in 1972. The students who fill the classrooms now face a world in which change will likely take place even faster. While they utilize tools to help them learn what their grandparents could never have imagined, they will need many of the same skills of generations past. These skills include the ability to think clearly, to make decisions based on reason, and to accept the responsibilities we all share as unselfish citizens. In this way, the impact that DeKeyser Elementary has had over the years will only grow stronger; and

Whereas, The process of educating children is an awesome task. At DeKeyser Elementary School, it has been undertaken by many hardworking parents, dedicated teachers, active members in parent/teacher clubs, and by the students themselves. For 25 years, the school has opened its doors to young people who have, in turn, opened their minds to gain knowledge and increase their understanding of the world around them; and

Whereas, The successes DeKeyser Elementary has achieved are reflected by a 1992 recognition as a Blue Ribbon Exemplary School, earning this honor on both the state and national levels. In 1996, DeKeyser Elementary was again an example of academic excellence, as the school was awarded Summary Accreditation by the State of Michigan; now, therefore, be it

Resolved by the House of Representatives, That we celebrate the 25th Anniversary of DeKeyser Elementary. We commend all of the devoted educators, students, parents, and staff who have contributed to its growth in excellence; and be it further

Resolved, That copies of this resolution be transmitted to DeKeyser Elementary School as a token of the high esteem in which it is held.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Jaye, Kaza, Goschka, Green, Gustafson, McBryde, Cropsey, Law, Gernaat, Bodem, Wojno, Richner, Raczkowski, Geiger, Rhead, Jellema, London and Galloway offered the following concurrent resolution:

House Concurrent Resolution No. 41.

A concurrent resolution to express support for the recognition of the Republic of China on Taiwan.

Whereas, Michigan enjoys strong bonds of friendship with the Republic of China on Taiwan. Numerous cultural, commercial, and educational ventures have brought our people together and fostered mutual respect. The Republic of China on Taiwan has earned great admiration for its success in its free-market economy and its democratic form of government; and

Whereas, Respect for the people of the Republic of China on Taiwan is widespread across our country. American citizens support the inclusion of the island nation among the community of nations in the United Nations, as well as diplomatic recognition from Washington; and

Whereas, In the recent past, the Republic of China on Taiwan's difficult relationship with the mainland has led to tensions. The United States has had to examine its role and put concerns into action in this key area of the world. With the pending change in the jurisdiction of Hong Kong, many people have expressed renewed apprehension for the stability of a delicate situation between the mainland and the Republic of China on Taiwan. With the history of friendship between the United States and the Republic of China on Taiwan, this is an appropriate time to affirm the rights of these 22 million people to full diplomatic recognition; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express support for the recognition of the Republic of China on Taiwan; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Rep. Rison moved that the House adjourn.

The motion prevailed, the time being 1:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 20, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.