No. 30

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 2000


House Chamber, Lansing, Wednesday, April 12, 2000.

2:00 p.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--e/d/s

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--absent

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Willie J. Rideout, III, Pastor of All God's People Ministries in Detroit, offered the following invocation:

"Father in Jesus' name we come to You now with bowed heads and humbled hearts. We come asking, O God, that You will touch our candidates and our colleagues that are here in this state Capitol. We ask that You would touch the Representatives. Father, give them heart and desire and mentoring spirit to help this community--to help this state. Father, let there be peace, joy and happiness. Bring about change. Bring about great communion. Father, we pray that You look upon every person here today--name by name, and one by one. Bless those that desired to be here but just couldn't make it. We pray that Your peace will prevail in everything that they say and do. In Jesus' name we pray. We all say, Amen."

______

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

(The bill was received from the Senate on April 11 with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 29, p. 618.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 253 Yeas--89

Allen Frank Kukuk Rivet

Basham Garcia LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brewer Hager Mortimer Shulman

Brown, B. Hanley Neumann Spade

Brown, C. Hart O'Neil Stamas

Byl Howell Pappageorge Switalski

Callahan Jacobs Patterson Tabor

Cassis Jansen Perricone Tesanovich

Caul Jelinek Pestka Toy

Cherry Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Koetje Richardville Wojno

DeVuyst Kowall Richner Woodward

Ehardt Kuipers Rison Woronchak

Faunce

Nays--16

Baird Hale Kelly Prusi

Brater Hansen Kilpatrick Scott

Clark, I. Hardman Martinez Stallworth

Daniels Jamnick Minore Thomas

In The Chair: Patterson

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 5196, entitled

A bill to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts.

(The bill was received from the Senate on April 11 with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 29, p. 618.)

The question being on concurring in the amendments made to the bill by the Senate,

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

Roll Call No. 254 Yeas--108

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Mans Shackleton

Brewer Hager Martinez Sheltrown

Brown, B. Hale Mead Shulman

Brown, C. Hanley Middaugh Spade

Byl Hansen Minore Stallworth

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Thomas

Clarke, H. Jansen Perricone Toy

Daniels Jelinek Pestka Van Woerkom

DeHart Jellema Price Vander Roest

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Quarles Wojno

DeWeese Kelly Raczkowski Woodward

Ehardt Kilpatrick Richardville Woronchak

Nays--0

In The Chair: Patterson

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

______

Rep. Reeves entered the House Chambers.

Second Reading of Bills

House Bill No. 5277, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

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

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 61, following line 22, by inserting:

"Sec. 705. (1) The department shall provide all local law enforcement agencies on a quarterly basis both of the following:

(a) Notification of placement during the quarter of juvenile delinquents within the local law enforcement agency's jurisdiction.

(b) Confirmation of the address of all juvenile delinquents placed within the local law enforcement agency's jurisdiction during any previous quarter who continue to be within the local law enforcement agency's jurisdiction.

(2) The department shall conduct an annual survey of local communities in which juvenile delinquents are placed to identify problems due to those placements and steps to be taken to eliminate the problems. The department shall report the results of the survey and the remediation plans annually to the legislature.".

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

______

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 9, line 19, by striking out all of line 19.

2. Amend page 10, line 7, by striking out "984,301,600" and inserting "957,301,600" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 59, line 15, by striking out all of section 646 and inserting:

"Sec. 646. It is the intent of the legislature that no TANF shall be used to fund the homestead property tax credit program. The homestead property tax credit for low-income families shall be maintained with state general fund/ general purpose funding.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 255 Yeas--51

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart LaForge Rison

Nays--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Frank moved to amend the bill as follows:

1. Amend page 60, following line 17, by inserting:

"Sec. 651. Children of families participating in the family independence summer project shall not be required to participate in the project. Families shall have the option of including their children in the summer project.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 256 Yeas--104

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Garza LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Green Martinez Scranton

Bradstreet Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Callahan Hart Neumann Stallworth

Cassis Howell O'Neil Stamas

Caul Jacobs Pappageorge Switalski

Cherry Jamnick Patterson Tabor

Clark, I. Jansen Perricone Tesanovich

Clarke, H. Jelinek Pestka Thomas

Daniels Jellema Price Toy

DeHart Johnson, Rick Prusi Van Woerkom

Dennis Johnson, Ruth Pumford Vander Roest

DeRossett Julian Quarles Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Kilpatrick Reeves Wojno

Ehardt Kowall Richardville Woodward

Faunce Kuipers Richner Woronchak

Nays--2

Byl Koetje

In The Chair: Patterson

Rep. Clarke moved to amend the bill as follows:

1. Amend page 9, line 19, by striking out all of line 19.

2. Amend page 9, following line 18, by inserting:

"State earned income tax credit for low income families 27,000,000"

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

3. Amend page 60, following line 17, following section 651, by inserting:

"Sec. 652. From the federal temporary assistance for needy families funding appropriated in section 109, it is the intent of the legislature that $27,000,000.00 will be used toward payment of a state earned income tax credit for individuals who qualify for such a credit and have income below 200% of the federal property level.".

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

Rep. Clarke demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 257 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Shackleton

Brewer Hanley Neumann Sheltrown

Brown, B. Hansen O'Neil Spade

Callahan Hardman Pestka Stallworth

Cherry Jacobs Price Switalski

Clark, I. Jamnick Prusi Tesanovich

Clarke, H. Kelly Quarles Thomas

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Nays--56

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Patterson

Rep. Rison moved to amend the bill as follows:

1. Amend page 9, line 14, by striking out "293,663,600" and inserting "341,361,800".

2. Amend page 10, line 7, by striking out "984,301,600" and inserting "1,031,999,800" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 34, line 1, after "and" by striking out the balance of the sentence and inserting "foster care.".

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

Rep. Hardman moved to amend the bill as follows:

1. Amend page 60, following line 17, following section 651, by inserting:

"Sec. 652. Each office of the friend of the court shall aggressively pursue equally child support collections and arrearages on all support orders for children who are either recipients of family independence program benefits or nonrecipients of family independence program benefits.".

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

Rep. Hardman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 258 Yeas--90

Baird Faunce LaForge Rivet

Basham Frank Law Rocca

Birkholz Garcia Lemmons Schauer

Bisbee Garza Lockwood Schermesser

Bishop Gieleghem Mans Scott

Bogardus Gilbert Martinez Scranton

Bovin Green Middaugh Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Neumann Shulman

Brown, B. Hanley O'Neil Spade

Brown, C. Hansen Pappageorge Stallworth

Byl Hardman Patterson Stamas

Callahan Howell Pestka Switalski

Cassis Jacobs Price Tesanovich

Caul Jamnick Prusi Thomas

Cherry Jelinek Pumford Toy

Clark, I. Jellema Quarles Van Woerkom

Clarke, H. Johnson, Ruth Raczkowski Vander Roest

Daniels Julian Reeves Voorhees

DeHart Kelly Richardville Wojno

Dennis Kilpatrick Richner Woodward

DeWeese Kowall Rison Woronchak

Ehardt Kuipers

Nays--18

Allen Gosselin Kukuk Perricone

Bradstreet Hart LaSata Sanborn

DeRossett Jansen Mead Tabor

DeVuyst Johnson, Rick Mortimer Vear

Godchaux Koetje

In The Chair: Patterson

______

Rep. Schermesser moved that Rep. DeHart be excused temporarily from today's session.

The motion prevailed.

Rep. Price moved to amend the bill as follows:

1. Amend page 4, line 1, by striking out "309.0" and inserting "312.0".

2. Amend page 4, line 1, by striking out "15,366,400" and inserting "15,576,400".

3. Amend page 4, line 20, by striking out "215,409,800" and inserting "215,548,400".

4. Amend page 4, line 23, by striking out "30,628,500" and inserting "30,699,900" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 19, following line 25, by inserting:

"Sec. 304. From the funds appropriated in section 103, the department shall hire 3.0 FTE's to work in the capacity of a parent liaison working collaboratively with the department of career development to identify and locate noncustodial parents. Parent liaison responsibilities would include both family independence program and nonfamily independence program child collection cases.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 259 Yeas--50

Baird Frank Mans Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Shackleton

Brater Hanley O'Neil Sheltrown

Brewer Hansen Pestka Spade

Brown, B. Hardman Price Stallworth

Callahan Jacobs Prusi Switalski

Cherry Jamnick Quarles Tesanovich

Clark, I. Kelly Reeves Thomas

Clarke, H. Kilpatrick Rison Wojno

Daniels LaForge Rivet Woodward

Dennis Lockwood

Nays--55

Allen Garcia Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shulman

Brown, C. Hager Law Stamas

Byl Hart Mead Tabor

Cassis Howell Middaugh Toy

Caul Jansen Mortimer Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Jellema Patterson Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Patterson

______

Rep. Prusi moved that Rep. Scott be excused temporarily from today's session.

The motion prevailed.

Rep. Price moved to amend the bill as follows:

1. Amend page 4, line 1, by striking out "309.0" and inserting "311.0".

2. Amend page 4, line 1, by striking out "15,366,400" and inserting "15,506,400".

3. Amend page 4, line 20, by striking out "215,409,800" and inserting "215,502,200".

4. Amend page 4, line 23, by striking out "30,628,500" and inserting "30,676,100" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 19, following line 25, by inserting:

"Sec. 304. From the funds appropriated in section 103, the department shall hire 2.0 FTE's to work in the area of research to develop and implement best practices related to child support collections.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 260 Yeas--48

Baird Dennis Lemmons Rison

Basham Frank Lockwood Rivet

Bogardus Garza Mans Schauer

Bovin Gieleghem Martinez Schermesser

Brater Hale Minore Shackleton

Brewer Hansen Neumann Sheltrown

Brown, B. Hardman O'Neil Spade

Callahan Jacobs Pestka Stallworth

Cherry Jamnick Price Switalski

Clark, I. Kelly Prusi Tesanovich

Clarke, H. Kilpatrick Quarles Wojno

Daniels LaForge Reeves Woodward

Nays--56

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Patterson

______

Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Price moved to amend the bill as follows:

1. Amend page 60, following line 17, following section 652, by inserting:

"Sec. 653. From the funds appropriated in part 1 for day care services, the family independence agency shall expend at least $150,000.00 on public service announcements to promote the department's child day care program.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 261 Yeas--50

Baird Dennis LaForge Reeves

Basham Frank Lemmons Rison

Bogardus Garza Lockwood Rivet

Bovin Gieleghem Mans Schauer

Brater Hale Martinez Schermesser

Brewer Hanley Minore Spade

Brown, B. Hansen Neumann Stallworth

Callahan Hardman O'Neil Switalski

Cherry Jacobs Pestka Tesanovich

Clark, I. Jamnick Price Thomas

Clarke, H. Kelly Prusi Wojno

Daniels Kilpatrick Quarles Woodward

DeHart Kowall

Nays--57

Allen Geiger Koetje Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Law Sheltrown

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

Garcia

In The Chair: Patterson

Rep. Brewer moved to amend the bill as follows:

1. Amend page 3, line 5, by striking out all of line 5 and inserting:

"Automated social services information system--22.0 FTE positions 13,333,800"

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

2. Amend page 19, following line 25, by inserting:

"Sec. 304. From the funds appropriated in section 102, up to $54,000.00 shall be expended on an independent audit of the automated social services information system (ASSIST). A report of findings and recommendations shall be provided to the house and senate appropriations subcommittees for the family independence agency budget and the director of the department by February 1, 2001.".

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

Rep. Brewer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 262 Yeas--48

Baird DeHart LaForge Rison

Basham Dennis Lemmons Rivet

Bogardus Frank Lockwood Schauer

Bovin Garza Mans Schermesser

Brater Gieleghem Martinez Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

Nays--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Clarke moved to amend the bill as follows:

1. Amend page 60, following line 17, following section 652, by inserting:

"Sec. 653. From the funds appropriated in section 109 for food stamps, an individual who is the victim of domestic violence and does not qualify for any other exemption may be exempt from the 3-month in 36-month limit on receiving food stamps under section 6(o) (6) of the food stamp act of 1977, Public Law 88-525, 7 U.S.C. 2015. This exemption can be extended an additional 3 months upon demonstration of continuing need.".

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

Rep. Clarke demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 263 Yeas--103

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Garza LaForge Schauer

Bishop Geiger LaSata Schermesser

Bogardus Gieleghem Law Scranton

Bovin Gilbert Lemmons Shackleton

Bradstreet Godchaux Lockwood Sheltrown

Brater Gosselin Mans Shulman

Brewer Green Martinez Spade

Brown, B. Hager Mead Stallworth

Brown, C. Hansen Middaugh Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Kilpatrick Richner

Nays--0

In The Chair: Patterson

Reps. Lockwood and Jacobs moved to amend the bill as follows:

1. Amend page 60, following line 17, following section 653, by inserting:

"Sec. 654. From the funds appropriated in section 104, the family independence agency shall expend $100,000.00 for developing and distributing pamphlets and other forms of public service information regarding procedures for individuals to take their unwanted and unharmed newborns to a local hospital within 72 hours after the birth of the newborn. The provisions of this section are contingent upon enactment of legislation granting immunity from criminal prosecution for child neglect.".

The question being on the adoption of the amendment offered by Reps. Lockwood and Jacobs,

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Lockwood and Jacobs,

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

Roll Call No. 264 Yeas--79

Baird DeWeese LaForge Schauer

Basham Faunce Law Schermesser

Birkholz Frank Lemmons Shackleton

Bisbee Garcia Lockwood Sheltrown

Bishop Garza Mans Shulman

Bogardus Gieleghem Martinez Spade

Bovin Gilbert Middaugh Stallworth

Brater Green Neumann Stamas

Brewer Hager O'Neil Switalski

Brown, B. Hale Patterson Tabor

Brown, C. Hansen Pestka Tesanovich

Callahan Hardman Price Thomas

Cassis Howell Prusi Van Woerkom

Caul Jacobs Pumford Vander Roest

Cherry Jamnick Quarles Vear

Clark, I. Jellema Raczkowski Voorhees

Clarke, H. Johnson, Ruth Richardville Wojno

Daniels Julian Rison Woodward

DeHart Kelly Rivet Woronchak

Dennis Kowall Rocca

Nays--25

Allen Godchaux Koetje Pappageorge

Bradstreet Gosselin Kuipers Reeves

Byl Hart Kukuk Richner

DeRossett Jansen LaSata Sanborn

DeVuyst Jelinek Mead Scranton

Ehardt Johnson, Rick Mortimer Toy

Geiger

In The Chair: Patterson

Rep. Jansen moved to amend the bill as follows:

1. Amend page 20, line 15, by striking out all of subsection (3) and inserting:

"(3) If the state receives a financial sanction from the federal government due to the state's failure to meet federal compliance standards for the statewide child support enforcement system or its successor system, then each county that has not fully implemented the system by September 30, 2001 is required to pay a pro rata share of the federal sanction dollars imposed. The pro rata share shall be determined by taking 1/2 of the total sanctions for fiscal year 2001 and prorating it among the counties not fully implemented, based on the county population on October 1, 2000. County population is the latest annual estimate of the county population produced by the U.S. census bureau. The family independence agency may offset payments due the county if the county does not pay the full sanction by October 31, 2001.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 265 Yeas--27

Basham Garcia Johnson, Rick Scranton

Birkholz Geiger Koetje Sheltrown

Bisbee Green Kuipers Stamas

Bradstreet Hart Mead Tabor

Brown, C. Howell Middaugh Vander Roest

Byl Jansen Pestka Voorhees

DeVuyst Jellema Pumford

Nays--77

Allen Faunce Kukuk Richardville

Baird Frank LaForge Richner

Bishop Garza LaSata Rison

Bogardus Gieleghem Law Rivet

Bovin Gilbert Lemmons Rocca

Brater Godchaux Lockwood Sanborn

Brewer Gosselin Mans Schermesser

Brown, B. Hager Martinez Shackleton

Callahan Hale Minore Shulman

Cassis Hansen Mortimer Spade

Caul Hardman Neumann Stallworth

Cherry Jacobs O'Neil Switalski

Clark, I. Jamnick Pappageorge Tesanovich

Clarke, H. Jelinek Patterson Thomas

Daniels Johnson, Ruth Price Van Woerkom

DeHart Julian Prusi Vear

Dennis Kelly Quarles Wojno

DeRossett Kilpatrick Raczkowski Woodward

DeWeese Kowall Reeves Woronchak

Ehardt

In The Chair: Patterson

Rep. Callahan moved to amend the bill as follows:

1. Amend page 60, following line 17, by inserting:

"Sec. 651. (1) The family independence agency shall not issue a payment to a child day care provider unless the family independence agency has performed a central registry clearance and requested and received from the criminal records division of the department of state police a criminal history check on that child day care provider.

(2) A child day care provider shall give written consent for the criminal records division of the department of state police to conduct the criminal history check required under this section at the time of applying for child day care authorization from the family independence agency.

(3) When the department receives a criminal history check from the criminal records division of the department of state police on an enrolled child day care provider, the department shall immediately delete the enrollment of the child day care provider if that child day care provider is found to have 1 or more of the following records:

(a) A central registry case.

(b) A conviction record on the LEIN system.

(c) A record of having his or her child day care provider license or registration revoked on the child day care licensing database of the department of consumer and industry services.

(d) A historical record of crimes against children that includes, but is not limited to, criminal sexual assault, child abuse and neglect, controlled substance delivery on school property or to a minor, or nonpayment of child support.

(4) The family independence agency shall make a request with payment of the appropriate fee to the criminal records division of the department of state police for a criminal history check required under this section on a form and in a manner prescribed by the criminal records division of the department of state police. A criminal history check shall be used by the family independence agency only for the purpose of evaluating a person's qualifications as a child day care provider.

(5) In addition to the central registry clearance and criminal history check required under this section, the family independence agency shall request the department of state police to conduct a criminal records check through the federal bureau of investigation on a child day care provider applicant. At the time an applicant initially applies for payment as a child day care provider, the family independence agency shall require the applicant to submit his or her fingerprints to the department of state police only for the purpose of requesting a criminal records check. The department of state police may charge a fee for conducting a criminal records check.

(6) The department shall only disclose the report or the report's contents to a person who is directly involved in evaluating the applicant's qualifications. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00.

(7) The family independence agency shall perform a central registry clearance 6 months from the date of initial authorization by the department as a child day care provider. The family independence agency shall perform a criminal history check 12 months from the date of initial authorization by the department as a child care provider and annually after the initial authorization.

(8) The family independence agency shall provide training at least every 12 months to the family independence specialists who are assigned to carry out the provisions of this act.

(9) As used in this section:

(a) "Central registry case" means that term as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.

(b) "Child day care provider" includes all of the following:

(i) A family independence agency enrolled day care aide.

(ii) A family independence agency enrolled relative care provider.

(iii) A child day care provider or employee in any of the following facilities:

(A) A registered family day care home.

(B) A licensed group day care home.

(C) A licensed day care center.

(c) "Criminal history record information" means that term as defined in section 1a of 1925 PA 289, MCL 28.241a.

(d) "Day care center", "family day care home", and "group day care home" mean those terms as defined in section1 of 1973 PA 116, MCL 722.111.

(e) "LEIN" means the law enforcement information network regulated under the L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 266 Yeas--53

Baird Frank Lockwood Rivet

Basham Garza Mans Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Shackleton

Brater Hansen Neumann Sheltrown

Brewer Hardman O'Neil Spade

Brown, B. Howell Patterson Stallworth

Callahan Jacobs Pestka Switalski

Clark, I. Jamnick Price Tesanovich

Clarke, H. Julian Prusi Thomas

Daniels Kelly Quarles Van Woerkom

DeHart LaForge Raczkowski Wojno

Dennis Lemmons Rison Woodward

Faunce

Nays--50

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shulman

Brown, C. Green Law Stamas

Byl Hager Mead Tabor

Cassis Hart Middaugh Toy

Caul Jansen Mortimer Vander Roest

DeRossett Jelinek Pappageorge Vear

DeVuyst Jellema Pumford Voorhees

DeWeese Johnson, Rick Richardville Woronchak

Ehardt Johnson, Ruth

In The Chair: Patterson

Rep. Hager moved to amend the bill as follows:

1. Amend page 7, line 17, by striking out "2,820.9" and inserting "2,870.9".

2. Amend page 7, line 17, by striking out "119,223,700" and inserting "121,548,700".

3. Amend page 7, line 18, by striking out "30,261,300" and inserting "30,311,300".

4. Amend page 7, line 26, by striking out "278,421,450" and inserting "279,963,950".

5. Amend page 8, line 5, by striking out "174,805,700" and inserting "175,638,200".

6. Amend page 8, line 25, by striking out "7,859,500" and inserting "8,034,500".

7. Amend page 8, line 26, by striking out "3,022,900" and inserting "3,272,900".

8. Amend page 9, line 3, by striking out "165,501,100" and inserting "166,371,100".

9. Amend page 9, line 7, by striking out "137,381,000" and inserting "138,222,500".

10. Amend page 9, line 11, by striking out "97,827,800" and inserting "98,281,300" and adjusting the subtotals, totals, and section 201 accordingly.

11. Amend page 60, following line 17, following section 654, by inserting:

"Sec. 655. From the funds appropriated in part 1, the department may add up to 50 new FTEs to work in the area of child protective services or may utilize funding in the area of child protective services for other safety initiatives.".

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

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

The motion prevailed.

House Bill No. 5272, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.

The bill was read a second time.

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 3, line 2, after "INCLUDES" by striking out the balance of the bill and inserting "A COMMUNITY COLLEGE THAT IS ACCREDITED BY A NATIONALLY-RECOGNIZED ACCREDITING AGENCY.".

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

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

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

______

Rep. Birkholz moved that Rep. Scranton be excused from the balance of today's session.

The motion prevailed.

Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5272, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.

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

Roll Call No. 267 Yeas--57

Allen Gieleghem Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Gosselin LaSata Shackleton

Bishop Green Law Shulman

Bradstreet Hager Mans Spade

Brown, C. Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Wojno

Garcia Koetje Rivet Woronchak

Geiger

Nays--45

Baird Dennis Kilpatrick Pumford

Basham Frank Kowall Quarles

Bogardus Garza LaForge Reeves

Brater Godchaux Lemmons Rison

Brewer Hale Lockwood Schauer

Brown, B. Hanley Martinez Sheltrown

Callahan Hansen Minore Stallworth

Cherry Hardman Neumann Switalski

Clark, I. Jacobs O'Neil Tesanovich

Clarke, H. Jamnick Price Thomas

Daniels Kelly Prusi Woodward

DeHart

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski 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. 588, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

The bill was read a second time.

Rep. Raczkowski 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. Raczkowski 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. 588, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

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

Roll Call No. 268 Yeas--102

Allen Ehardt Koetje Reeves

Baird Faunce Kowall Richardville

Basham Frank Kuipers Richner

Birkholz Garcia Kukuk Rison

Bisbee Garza LaForge Rivet

Bishop Geiger LaSata Rocca

Bogardus Gieleghem Law Sanborn

Bovin Gilbert Lemmons Schauer

Bradstreet Gosselin Lockwood Shackleton

Brater Green Mans Sheltrown

Brewer Hager Martinez Shulman

Brown, B. Hale Mead Spade

Brown, C. Hanley Middaugh Stamas

Byl Hansen Minore Switalski

Callahan Hardman Mortimer Tabor

Cassis Hart Neumann Tesanovich

Caul Howell O'Neil Thomas

Cherry Jacobs Pappageorge Toy

Clark, I. Jamnick Patterson Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Price Vear

DeHart Johnson, Rick Prusi Voorhees

Dennis Johnson, Ruth Pumford Wojno

DeRossett Julian Quarles Woodward

DeVuyst Kelly Raczkowski Woronchak

DeWeese Kilpatrick

Nays--0

In The Chair: Patterson

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Schauer, Scott, Prusi, Rivet, Kilpatrick, Rocca, Hansen, Ehardt, Middaugh, Tesanovich, DeVuyst, Cassis, Gosselin, Raczkowski, Caul, Callahan, Mortimer, Van Woerkom, DeHart, Switalski, Quarles, Kelly, Cherry, Bishop, Vander Roest, Schermesser, Thomas, Clark, Kuipers, Bovin, Sheltrown, Woodward, Minore, Pappageorge, Neumann, Jamnick, Hardman, Wojno, LaForge, DeRossett, Birkholz, Baird, Voorhees and Garcia offered the following resolution:

House Resolution No. 316.

A resolution proclaiming April 17 through April 21, 2000, as Character Education Week.

Whereas, Teaching altruistic morals such as respect, integrity, trust, and responsibility is character education. We acknowledge that the strength of our democracy rests upon knowledgeable and compassionate citizens. We also recognize the responsibility that entire communities have in teaching and inspiring civic virtue; and

Whereas, Character education allows for open debate over deep differences, encouraging freedom of thought, accompanied by a willingness to seek the common good. Through open and fair debate, individuals learn to recognize their own inalienable rights and develop a commitment to guard those rights for all citizens; and

Whereas, In developing character in our young citizens, we promote a more compassionate and responsible society, strengthening the fabric of our democracy and creating a nation rich in opportunities and quality of life; and

Whereas, Thomas Jefferson argued that democracy depends upon the cultivation of "public-spiritedness" which will not flourish spontaneously, but must be educated and education prepares our young citizens for their participation in society; and

Whereas, Daniel Webster wrote "Education should...therefore be the first care of a legislature..."; now, therefore, be it

Resolved by the House of Representatives, That we commend the work of Character Unlimited of Calhoun county and similar groups across Michigan by proclaiming April 17 through April 21, 2000 as Character Education Week; and be it further

Resolved, That a copy of this resolution be transmitted to Character Unlimited of Calhoun county.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Baird, Martinez, Brewer, DeWeese, Garcia, Tabor, Scott, Prusi, Rivet, Kilpatrick, Rocca, Hansen, Ehardt, Middaugh, Scranton, Tesanovich, LaSata, Faunce, Shulman, Julian, DeVuyst, Cassis, Gosselin, Raczkowski, Caul, Shackleton, Mead, Callahan, Mortimer, Van Woerkom, Spade, DeHart, Switalski, Quarles, Rick Johnson, Kelly, Cherry, Rison, Bishop, Vander Roest, Schermesser, Thomas, Clark, Garza, Jellema, Kuipers, Bovin, Sheltrown, Woodward, Dennis, Minore, Green, Kukuk, Stamas, Sanborn, Pappageorge, Jelinek, Neumann, Jamnick, Hardman, Wojno, LaForge, DeRossett, Birkholz, Richardville, Brater and Voorhees offered the following resolution:

House Resolution No. 317.

A resolution honoring the Michigan State University Men's Basketball Team as the 2000 NCAA National Basketball Champions.

Whereas, It is a pleasure to join with their families, Michigan State University students, and all of East Lansing in celebrating the achievements of the Michigan State University Men's Basketball Team on its wonderful success over the season. With the fine record this squad has attained, which culminated in the capturing of the 2000 NCAA National Basketball Championship title, this group of disciplined student-athletes has generated great pride throughout our state; and

Whereas, Under the leadership of Coach Tom Izzo, senior players Morris Peterson, A.J. Granger, Mateen Cleaves, and Steve Cherry led the way to a successful finish to their 4-years at the university. Due to their efforts and unending dedication to the game, the Michigan State University Spartans are bringing home the university's first basketball championship since 1979. Finishing the season 32­7, this team has proved what can be accomplished if you work hard enough. In the face of challenge and pressure, the team kept their focus on making their championship dreams come true and accepted nothing less than their best effort; and

Whereas, In "One Shining Moment" the fans and players have come together to celebrate an incredible team's magnificent season. We admire the efforts, team spirit, and preparation of these talented players; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commend MSU Basketball Coach Tom Izzo; assistant coaches Stan Heath, Mike Garland, and Brian Gregory; and players Adam Wolfe, Brandon Smith, David Thomas, Mateen Cleaves, Charlie Bell, Mat Ishbia, Mike Chappell, Steve Cherry, Jason Richardson, Aloysius Anagonye, Andre Hutson, Morris Peterson, A.J. Granger, Jason Andreas, and Adam Ballinger for their outstanding season; and be it further

Resolved, That a copy of this resolution be transmitted to the coaches and players of the Michigan State University Men's Basketball Team as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Tabor, Rocca, Scranton, Richardville, Van Woerkom, Prusi, Kilpatrick, Hansen, Ehardt, Middaugh, Tesanovich, LaSata, Faunce, Shulman, Kowall, Julian, DeVuyst, Cassis, Gosselin, Raczkowski, Caul, Mead, Mortimer, Spade, DeHart, Switalski, Rick Johnson, Kelly, Cherry, Bishop, Vander Roest, Schermesser, Allen, Koetje, Toy, Sheltrown, Green, Kukuk, Sanborn, Pappageorge, Jelinek, Neumann, Wojno, LaForge, DeRossett, Birkholz, Howell, Brater, Baird, Voorhees and Garcia offered the following resolution:

House Resolution No. 318.

A resolution recognizing May 2000 as Neurofibromatosis Awareness Month.

Whereas, Neurofibromatosis is the most common neurological disorder caused by a single gene. It affects more than 100,000 Americans, making it more prevalent than Cystic Fibrosis, hereditary Muscular Dystrophy, Huntington's Disease and Tay Sachs combined; and

Whereas, There are two types of neurofibromatosis, commonly referred to as NF1 and NF2. NF1 is the more common form of neurofibromatosis, affecting approximately one in every four thousand births throughout the world. NF2 affects about one in every forty thousand people worldwide; and

Whereas, Neurofibromatosis affects both sexes equally and is not dependent on racial, geographic, or ethnic factors. Therefore, NF can appear in any family; and

Whereas, This neurological disease can lead to, among other things, disfigurement, blindness, deafness, brain and spinal tumors, dermal tumors, and learning disabilities. Further, the neurofibromatosis gene has been implicated in the development of several of the most common and most serious human cancers; and

Whereas, No cure has been found for neurofibromatosis. At this time, the symptoms and ailments caused by neurofibromatosis can be treated, but not the disease itself; and

Whereas, Since the National Neurofibromatosis Foundation began its research fourteen years ago, great strides have been made to provide hope to those with NF. In the last eight years, two genes have been discovered causing NF; and

Whereas, It is important that support be given to the National Neurofibromatosis Foundation and its Michigan chapter, so that crucial research can continue in its effort to find a cure; now, therefore, be it

Resolved by the House of Representatives, That we applaud the National Neurofibromatosis Foundation for their many efforts to find a cure for this disease that afflicts so many citizens across our state and nation; and be it further

Resolved, That a copy of the resolution be transmitted to the Michigan Chapter of the National Neurofibromatosis Foundation as evidence of our highest esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Allen, Rick Johnson, Bradstreet, Shackleton and Mead offered the following resolution:

House Resolution No. 319.

A resolution recognizing the contributions of Dr. James D. Johnston to Munson Medical Center in Traverse City, Michigan as recipient of the James Decker Munson Award.

Whereas, The Board of Trustees of Munson Medical Center conferred the James Decker Munson Award upon James D. Johnston, M.D. in recognition of his pioneering effort to develop the Neonatal Intensive Care Unit at Munson Medical Center, his dedication to build a planning framework for the creation of Munson's high quality medical staff, and his continuing devotion to Munson through more than 20 years of service to the Munson Medical Center Board of Trustees; and

Whereas, His leadership and personal initiative to establish the Neonatal Intensive Care Unit as a regional center in 1972 propelled Munson to the cutting edge of neonatal intensive care nationally. Through coordinated efforts with the Michigan Department of Public Health, new standards, policies, procedures, and infant care protocols were established in laws and regulations and continue to save infant lives statewide; and

Whereas, The families of northern Michigan benefitted enormously from the creation of the NICU at Munson. The infant death rate in the region dropped from 35 to 40 infant deaths per thousand before 1972, to 15 infant deaths after the first year, and dropped again by half to 8 infant deaths per thousand after the second year of the unit's operation. Even today, the Grand Traverse region remains substantially ahead of the state average for infant mortality; and

Whereas, Throughout his private practice from 1962 to 1986, Dr. Johnston held many leadership positions--he served as Chief of Pediatrics and later as Chief of Staff. During his tenure as Chief of Staff in the late seventies and early eighties, he led the development of a medical staff plan that remains a hallmark for quality of care and efficient implementation of medical resources and expertise; and

Whereas, His dedication to Munson continued through his 20 years as a member of the Munson Medical Center Board of Trustees from 1980 to 1999. He was elected as Chairman of the Board from 1989 to 1991, served as Vice Chairman in 1988, Treasurer for 1986 and 1987, and Munson Healthcare Corporate member since 1989. He has also been an active member on many committees throughout his term on the board; and

Whereas, It is befitting that Dr. Johnston is recognized for his pioneering dedication and visionary contributions to the hospital. Munson Medical Center was named the top hospital in the nation with the 2000 National Quality Health Care Award which was presented by the National Committee for Quality Health Care and Modern Healthcare magazine. The National Quality Health Care Award, co-sponsored by Modern Healthcare magazine, is given annually to a provider whose demonstrated goal is improving health care through high quality performance and leadership in the development of innovation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize James D. Johnston, M.D., as he receives the James Decker Munson Award for his pioneering efforts, career achievements, and leadership in pediatric and neonatal care and quality health care; and be it further

Resolved, That a copy of this resolution be transmitted to Dr. James D. Johnston as an expression of our respect and appreciation for his professional contributions that substantially improved the lives of Michigan residents and especially the families of northern Michigan.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Tabor, Martinez, Prusi, Kilpatrick, Rocca, Hansen, Ehardt, Middaugh, Scranton, Tesanovich, LaSata, Faunce, Shulman, Kowall, Julian, DeVuyst, Cassis, Gosselin, Raczkowski, Caul, Shackleton, Mead, Mortimer, Van Woerkom, Spade, DeHart, Switalski, Rick Johnson, Kelly, Cherry, Rison, Bishop, Vander Roest, Schermesser, Allen, Jellema, Kuipers, Jansen, Koetje, Toy, Sheltrown, Minore, Green, Kukuk, Sanborn, Pappageorge, Jelinek, Neumann, Jamnick, Wojno, LaForge, DeRossett, Birkholz, Howell, Brater, Baird, Voorhees and Garcia offered the following resolution:

House Resolution No. 320.

A resolution honoring Waverly High School as the 2000 Class A Basketball State Champions.

Whereas, That it is both a pleasure and privilege to join with the students, teachers, family members, and community members in celebrating the achievements of Coach Phil Odlum and the Waverly High School basketball team on their overwhelming success during the 1999-2000 season. With the outstanding record this team achieved, which has culminated in the 2000 Class A Basketball State Championship, this group of disciplined student-athletes has generated great pride throughout the area; and

Whereas, Much to the delight of their loyal fans, the Waverly Warriors have also earned the respect of their opponents and prep sports fans throughout the state because of their determination, talent, and repeated displays of teamwork. As opponents have discovered throughout the season, this is a team that brings unity and positive thinking to all levels of competition. In the face of adversity and pressure, this is a group of young men who maintain their focus on making their dreams a reality and accepting nothing less than their very best effort; and

Whereas, Every coach and player carried that team squarely and firmly on his shoulders and should, therefore, be given such credit. These men include:

Phil Odlum, Head Coach Ed Dutcher, Assistant Coach Bob Harla, Assistant Coach

Marcus Taylor, Captain/Guard Cortney Scott, Captain/Center/Forward Michael Bailey, Guard

Michael Farhat, Forward William Merrill, Forward Justin Grinnell, Guard

Christopher Miller, Guard Melvin White, Center/Forward Terry Reddick, Forward

Lance Wilson, Forward Bryan Smalley, Forward Brian Anderson, Forward

Dante Adams, Guard Michael Adams, Guard Justin Ingram, Forward

Travis Neller, Guard Tom Cornelius, Center/Forward

; and

Whereas, Winning a title such as this is never a fluke. While anything can happen in a single game, all teams show their true abilities and dedication over a long season or a difficult tournament. However, what truly distinguishes a team as the best of the best, is usually the effort that appears in practice, far removed from the excitement of game day. We admire the efforts, team spirit, and preparation of these talented young men; now, therefore, be it

Resolved by the House of Representatives, That we celebrate the accomplishment of the Waverly High School basketball team as the 2000 Class A State Champions; and be it further

Resolved, That a copy of the resolution be transmitted to the Waverly High School Class A 2000 Basketball State Champions as a token of our highest esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reports of Standing Committees

The Committee on Education, by Rep. Allen, Chair, reported

House Bill No. 5212, 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.

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 5212 To Report Out:

Yeas: Reps. Allen, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees,

Nays: Reps. Bogardus, Clark, Hansen.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 11, 2000, at 8:00 a.m.,

Present: Reps. Allen, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Gieleghem, Hansen, Spade,

Absent: Reps. Ruth Johnson, Daniels, Scott,

Excused: Reps. Ruth Johnson, Daniels, Scott.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, April 12, 2000, at 8:00 a.m.,

Present: Reps. Hart, DeRossett, Cassis, Shulman, LaForge, Gieleghem, Hardman, Jacobs,

Absent: Rep. Law,

Excused: Rep. Law.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bisbee, Vice-Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, April 12, 2000, at 9:00 a.m.,

Present: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Basham, Bob Brown, Clark, Daniels, Hale, Scott, Thomas,

Absent: Reps. DeVuyst, Wojno, O'Neil,

Excused: Reps. DeVuyst, Wojno, O'Neil.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, April 12, 2000, at 10:00 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, April 6:

Senate Bill Nos. 1200 1201

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

Senate Bill Nos. 1202 1203 1204

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

Enrolled House Bill No. 4776 at 11:31 a.m.

The Clerk announced that the following Senate bills had been received on Wednesday, April 12:

Senate Bill Nos. 1041 1042

By unanimous consent the House returned to the order of

Messages from the Senate

April 12, 2000

Mr. Gary Randall, Clerk

House of Representatives

House Office Building, 3rd Floor

Lansing, MI 48933

Dear Mr. Randall:

Pursuant to Joint Rule 12, this is to notify you that the Senate has concurred in the omitted amendment to House Bill No. 5040 by a record roll call vote of a majority of the members elected and serving on April 12, 2000.

Very respectfully,

Carol Morey Viventi, J.D.

Secretary of the Senate

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

Senate Bill No. 1041, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 167 and 168 (MCL 750.167 and 750.168).

The Senate has passed the bill.

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

Senate Bill No. 1042, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Consumer and Industry Services was received and read:

April 5, 2000

Pursuant to Section 315 of PA 122 of 1999, we are enclosing a copy of the Approval Study Report conducted on the Park Place Residential Care Center, CA 39104. This report was performed in compliance with the requirements of PA116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and

Administrative Services

The communication was referred to the Clerk.

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

April 11, 2000

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

State-Funded Judicial Operations

October 1, 1996 through September 30, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Michigan Jobs Commission

October 1, 1996 through September 30, 1998

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.

Introduction of Bills

Reps. Julian, Kowall, Shackleton, Bovin, Sanborn, Allen, Pappageorge, Tabor, Law, Green, Toy, Caul, Howell, Gosselin, Kukuk, DeHart, Schermesser, O'Neil, Richner, Byl, Patterson, Koetje, Gilbert, Richardville, Hager, Mead, Bradstreet, Ruth Johnson, Rocca, Martinez, Lockwood, Jamnick, Minore, Cherry, DeWeese, Van Woerkom, Bishop, Woronchak, DeVuyst, Rick Johnson and Baird introduced

House Bill No. 5570, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 3 (MCL 290.643), as amended by 1993 PA 231.

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

Reps. Bisbee, Birkholz, Julian, Shackleton, Richardville, Vander Roest, Bradstreet, Bishop and Gilbert introduced

House Bill No. 5571, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1999 PA 116, and by adding section 10.

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

Reps. Woronchak, LaSata, Jelinek, Allen, Birkholz, Patterson, Cameron Brown, Sanborn, Kuipers, Richardville, Shackleton, Bishop, Faunce, Voorhees, Kukuk, Scranton, Law and Cassis introduced

House Bill No. 5572, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3580.

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

Reps. Hager, LaSata, Sanborn, Patterson, Birkholz, Kuipers, Allen, Shackleton, Bishop, Jelinek, Faunce, Voorhees, Kukuk, Scranton, Richardville, Law and Cassis introduced

House Bill No. 5573, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.

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

Reps. Caul, Allen, Voorhees, LaSata, Jelinek, Scranton, Garcia, Mortimer, Rick Johnson, Gilbert, Van Woerkom, Mead, Julian, DeRossett, Gosselin, Middaugh, DeWeese, Shulman, Patterson, Cameron Brown, Bishop, Richardville, Shackleton, Faunce, Kukuk, Law, Kuipers, Jansen, Birkholz, Sanborn and Cassis introduced

House Bill No. 5574, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20106, 20124, 20161, and 22205 (MCL 333.20106, 333.20124, 333.20161, and 333.22205), sections 20106 and 20161 as amended by 1996 PA 267 and section 22205 as amended by 1993 PA 88.

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

Reps. Van Woerkom, Caul, Rick Johnson, Patterson, Cameron Brown, Sanborn, Birkholz, Kuipers, Allen, Richardville, Shackleton, Bishop, Jelinek, Faunce, Voorhees, Kukuk, Scranton, LaSata, Law and Cassis introduced

House Bill No. 5575, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 102, 224, 240, and 2213 (MCL 500.102, 500.224, 500.240, and 500.2213), section 224 as amended by 1998 PA 121, section 240 as amended by 1987 PA 261, and section 2213 as added by 1996 PA 517, and by adding chapter 35; and to repeal acts and parts of acts.

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

Reps. LaSata, Woronchak, Jelinek, Allen, Howell, Shackleton, Voorhees, Geiger, DeVuyst, Birkholz, Pappageorge, Patterson, Cameron Brown, Kuipers, Richardville, Bishop, Faunce, Kukuk, Scranton, Bisbee, Law, Raczkowski, Sanborn and Cassis introduced

House Bill No. 5576, entitled

A bill to provide review of certain health care treatment adverse determinations; to provide for the review of review of health care coverage treatment adverse determinations by independent review organizations; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.

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

Rep. Switalski introduced

House Bill No. 5577, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226 (MCL 257.226), as amended by 1992 PA 297.

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

Rep. Switalski introduced

House Bill No. 5578, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 3 and 33 (MCL 169.203 and 169.233), section 3 as amended by 1989 PA 95 and section 33 as amended by 1999 PA 238.

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

Reps. Shackleton, Birkholz, Bradstreet, Vear, Patterson, Garcia, Kowall, Julian, Bovin, Gilbert, Pappageorge, Kuipers, Richardville, Bisbee, DeRossett, Mead, Cameron Brown, LaSata, Pumford, Van Woerkom, Bishop, Kukuk, Scranton, Mortimer and Jansen introduced

House Bill No. 5579, 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 all acts inconsistent therewith," (MCL 800.1 to 800.62) by adding section 37.

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

______

Rep. Garcia moved that the House adjourn.

The motion prevailed, the time being 5:50 p.m.

Associate Speaker Pro Tempore Patterson declared the House adjourned until Thursday, April 13, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.