hj02197t.012

No. 12

JOURNAL OF THE HOUSE

House Chamber, Lansing, Wednesday, February 19, 1997.

2:00 p.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--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--absent

Gubow--excused

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Howard Wetters, from the 97th District, offered the following invocation:

"Thank You, Heavenly Father, for bringing us here together to do the business of the people of this great state. Guide our thoughts and our decisions that we make here today and throughout the rest of this legislative session. Be with us always and help us as elected officials through those times when conflicts exist between what we try to do here and with our families and the other commitments that we have. Amen."

Third Reading of Bills

House Bill No. 4219, entitled

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

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

Roll Call No. 34 Yeas--75

Agee DeHart Kelly Prusi

Alley Dobb Kilpatrick Quarles

Anthony Dobronski LaForge Richner

Baade Emerson Law Rison

Baird Fitzgerald Leland Rocca

Bankes Frank LeTarte Schauer

Birkholz Freeman Martinez Schermesser

Bobier Galloway Mathieu Scranton

Bodem Geiger McBryde Sikkema

Bogardus Gilmer McManus Stallworth

Brackenridge Godchaux Middleton Tesanovich

Brater Hale Murphy Thomas

Brewer Hammerstrom Olshove Varga

Brown Hanley Owen Vaughn

Callahan Harder Oxender Wallace

Cassis Hertel Palamara Wetters

Cherry Hood Parks Willard

Crissman Jansen Price Wojno

Curtis Jelinek Profit

Nays--23

Byl Green Kukuk Middaugh

Cropsey Gustafson Llewellyn Raczkowski

Dalman Horton London Rhead

DeVuyst Jaye Lowe Walberg

Gernaat Johnson Mans Whyman

Goschka Kaza McNutt

In The Chair: Hertel

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

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

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, two-thirds of the members serving voting therefor.

Reps. Bogardus, Gagliardi, Kelly, Kilpatrick, Murphy, Parks, Schermesser, Scott and Vaughn were named co-sponsors of the bill.

House Bill No. 4220, entitled

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

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

Roll Call No. 35 Yeas--76

Agee DeVuyst Jelinek Quarles

Alley Dobb Kelly Richner

Anthony Dobronski Kilpatrick Rison

Baade Fitzgerald LaForge Rocca

Baird Freeman Law Schauer

Bankes Gagliardi LeTarte Schermesser

Birkholz Galloway Llewellyn Schroer

Bobier Geiger Mans Scott

Bodem Gilmer Mathieu Scranton

Brackenridge Gire McManus Sikkema

Brater Godchaux McNutt Stallworth

Brown Hale Middleton Tesanovich

Callahan Hammerstrom Murphy Thomas

Cassis Hanley Olshove Varga

Cherry Harder Owen Vaughn

Ciaramitaro Hertel Oxender Voorhees

Crissman Hood Parks Wetters

Curtis Jansen Price Willard

DeHart Jaye Prusi Wojno

Nays--27

Bogardus Goschka Kukuk Perricone

Brewer Green London Profit

Byl Gustafson Lowe Raczkowski

Cropsey Horton McBryde Rhead

Dalman Jellema Middaugh Walberg

Frank Johnson Nye Whyman

Gernaat Kaza Palamara

In The Chair: Hertel

The House agreed to the title of the bill.

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

The motion prevailed, two-thirds of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 1, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending sections 2, 4, 4a, 7, 7a, and 13 (MCL 408.382, 408.384, 408.384a, 408.387, 408.387a, and 408.393), section 2 as amended by 1980 PA 97, and by adding section 4b.

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

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

Rep. Emerson moved to amend the bill as follows:

1. Amend page 2, line 4, by striking out all of section 4a.

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

Rep. Emerson moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 4." by striking out "SUBJECT TO THE EXCEPTIONS" and inserting "EXCEPT AS OTHERWISE".

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

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 4." by inserting "(1)".

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

"(2) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS ACT OR REQUIRED BY FEDERAL LAW, A MINIMUM HOURLY WAGE RATE THAT IS DIFFERENT FROM THE MINIMUM HOURLY WAGE RATE DESCRIBED IN SUBSECTION (1) IS NOT EFFECTIVE.".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 36 Yeas--48

Bankes Fitzgerald Jelinek Middaugh

Birkholz Galloway Jellema Middleton

Bobier Geiger Johnson Nye

Bodem Gernaat Kaza Oxender

Brackenridge Gilmer Kukuk Perricone

Byl Godchaux Law Raczkowski

Cassis Green LeTarte Rhead

Crissman Gustafson Llewellyn Richner

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Walberg

Dobb Jaye McNutt Whyman

Nays--54

Agee Emerson Mans Rocca

Anthony Frank Martinez Schauer

Baade Freeman Mathieu Schermesser

Baird Gagliardi Murphy Scott

Bogardus Gire Olshove Stallworth

Brater Goschka Owen Tesanovich

Brewer Hale Palamara Thomas

Brown Hanley Parks Varga

Callahan Harder Price Vaughn

Cherry Hertel Profit Voorhees

Ciaramitaro Hood Prusi Wetters

Curtis Kelly Quarles Willard

DeHart Kilpatrick Rison Wojno

Dobronski LaForge

In The Chair: Hertel

Rep. Middleton moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 4." by inserting "(1)".

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

"(2) BEGINNING THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SENTENCE, THE MINIMUM HOURLY WAGE RATE SHALL BE $4.25 FOR AN EMPLOYEE WHO IS PARTICIPATING IN AN EMPLOYER FUNDED TUITION REIMBURSEMENT PROGRAM. AN EMPLOYEE WHO DOES NOT PARTICIPATE IN A TUITION REIMBURSEMENT PROGRAM OF HIS OR HER EMPLOYER SHALL BE PAID AN HOURLY WAGE RATE AS DESCRIBED IN SUBSECTION (1).

(3) AS USED IN THIS SECTION, "TUITION REIMBURSEMENT PROGRAM" MEANS PAYMENT OF AT LEAST 50% OF AN EMPLOYEE'S COSTS FOR COURSE FEES AND BOOKS IN A COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, ADULT EDUCATION, VOCATIONAL, OR JOB TRAINING PROGRAM, OR IN A GENERAL EDUCATIONAL DEVELOPMENT (G.E.D.) TEST PREPARATION PROGRAM.".

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

Rep. Middleton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 37 Yeas--54

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bobier Gilmer Law Perricone

Bodem Godchaux LeTarte Raczkowski

Brackenridge Goschka Llewellyn Rhead

Brown Green London Richner

Byl Gustafson Lowe Rocca

Cassis Hammerstrom Mans Schroer

Crissman Horton McBryde Scranton

Cropsey Jansen McManus Sikkema

DeVuyst Jaye McNutt Voorhees

Dobb Jelinek Middaugh Walberg

Fitzgerald Jellema Middleton Whyman

Galloway Johnson

Nays--46

Agee Dobronski Kilpatrick Schauer

Anthony Emerson LaForge Schermesser

Baade Frank Martinez Scott

Baird Freeman Mathieu Stallworth

Bogardus Gagliardi Murphy Tesanovich

Brater Gire Olshove Thomas

Brewer Hale Owen Varga

Callahan Hanley Parks Vaughn

Cherry Harder Price Wetters

Ciaramitaro Hertel Prusi Willard

Curtis Hood Quarles Wojno

DeHart Kelly

In The Chair: Hertel

Rep. Galloway moved to amend the bill as follows:

1. Amend page 7, line 8, after "BE" by striking out "$2.65" and inserting "$2.52".

2. Amend page 7, line 13, after "BETWEEN" by striking out "$2.65" and inserting "$2.52".

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

Rep. Galloway demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 38 Yeas--36

Bankes Geiger Jelinek Nye

Birkholz Gernaat Johnson Perricone

Bodem Gilmer Kaza Raczkowski

Cassis Godchaux Law Rhead

Crissman Green Llewellyn Richner

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

Dobb Jansen McManus Walberg

Galloway Jaye Middaugh Whyman

Nays--68

Agee Dobronski Leland Quarles

Alley Emerson LeTarte Rison

Anthony Fitzgerald London Rocca

Baade Frank Mans Schauer

Bobier Freeman Martinez Schermesser

Bogardus Gagliardi Mathieu Schroer

Brackenridge Gire McNutt Scott

Brater Goschka Middleton Stallworth

Brewer Gustafson Murphy Tesanovich

Brown Hale Olshove Thomas

Byl Hanley Owen Varga

Callahan Hertel Oxender Vaughn

Cherry Hood Palamara Voorhees

Ciaramitaro Jellema Parks Wallace

Curtis Kelly Price Wetters

DeHart Kilpatrick Profit Willard

DeVuyst LaForge Prusi Wojno

In The Chair: Hertel

Rep. Middleton moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 4." by inserting "(1)".

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

"(2) BEGINNING THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SENTENCE, THE MINIMUM HOURLY WAGE RATE SHALL BE $4.30 FOR AN EMPLOYEE WHO IS PARTICIPATING IN AN EMPLOYER FUNDED TUITION REIMBURSEMENT PROGRAM. AN EMPLOYEE WHO DOES NOT PARTICIPATE IN A TUITION REIMBURSEMENT PROGRAM OF HIS OR HER EMPLOYER SHALL BE PAID AN HOURLY WAGE RATE AS DESCRIBED IN SUBSECTION (1).

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

Rep. Middleton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 39 Yeas--53

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kukuk Perricone

Brackenridge Godchaux Law Raczkowski

Brown Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Fitzgerald

Nays--53

Agee Frank Mans Schauer

Anthony Freeman Martinez Schermesser

Baade Gagliardi Mathieu Schroer

Baird Gire Murphy Scott

Bogardus Hale Olshove Stallworth

Brater Hanley Owen Tesanovich

Brewer Harder Palamara Thomas

Callahan Hertel Parks Varga

Cherry Hood Price Vaughn

Ciaramitaro Kelly Profit Wallace

Curtis Kilpatrick Prusi Wetters

DeHart LaForge Quarles Willard

Dobronski Leland Rison Wojno

Emerson

In The Chair: Hertel

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. 1, entitled

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

Roll Call No. 40 Yeas--93

Agee Dobb Johnson Price

Alley Dobronski Kelly Profit

Anthony Emerson Kilpatrick Prusi

Baade Fitzgerald LaForge Quarles

Baird Frank Leland Rhead

Bankes Freeman LeTarte Rison

Birkholz Gagliardi Llewellyn Rocca

Bobier Geiger London Schauer

Bodem Gernaat Lowe Schermesser

Bogardus Gilmer Mans Schroer

Brackenridge Gire Martinez Scott

Brater Godchaux Mathieu Scranton

Brewer Goschka McBryde Sikkema

Brown Gustafson McManus Stallworth

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Ciaramitaro Hertel Olshove Voorhees

Cropsey Hood Owen Wallace

Curtis Jansen Oxender Wetters

Dalman Jelinek Palamara Willard

DeHart Jellema Parks Wojno

DeVuyst

Nays--13

Crissman Jaye Nye Richner

Galloway Kaza Perricone Walberg

Green Law Raczkowski Whyman

Horton

In The Chair: Hertel

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

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

A bill to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending sections 4, 7, 7a, and 13 (MCL 408.384, 408.387, 408.387a, and 408.393) and by adding section 4b.

The motion prevailed.

The House agreed to the title as amended.

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

The motion prevailed, two-thirds of the members serving voting therefor.

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, which is similar to legislation passed last week, is likely to increase youth unemployment in sectors of Michigan's economy. I will not vote for legislation that leads to the unemployment of young people. We should be increasing employment opportunities for young people, not destroying them.

Another reason for voting against this legislation is the absence of a tiebar to any Earned Income Tax Credit (EITC)."

Rep. Jaye, 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:

On November 1978, Michigan voted to stop unfunded state mandates which was contained in the 1978 Headlee Amendment to the Michigan Constitution. The Headlee Amendment prohibits the state from imposing unfunded state mandates on local units of government.

On January 11, 1995, Representative John Jamian introduced House Bill No. 4061, which would have prohibited the state from complying with unfunded federal mandates. On April 26, 1995, according to the House Journal, this bill passed the House unanimously. It later died in the Senate Committee on Government Operations.

Now the Michigan Legislature is voting on an unfunded state mandate on small businesses. Some employees are not worth $5.15 an hour, but they must be paid $5.15 an hour according to a new unfunded state mandate. It would be more honest for the legislature to provide tax cuts for the employer or employee which would also provide the same financial benefit as an unfunded new wage."

______

Rep. Alley asked and obtained an excuse from tomorrow's session.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4202, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4202 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 1997, at 12:00 Noon,

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

Absent: Reps. Schermesser, Goschka,

Excused: Reps. Schermesser, Goschka.

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

House Bill No. 4041, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38e.

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

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

Favorable Roll Call

HB 4041 To Report Out:

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

Nays: None.

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

House Bill No. 4109, entitled

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

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 4109 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Hanley, Wallace, Wojno, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 1997, at 9:00 a.m.,

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

Absent: Reps. Gubow, Palamara, Goschka, Whyman,

Excused: Reps. Gubow, Palamara, Goschka, Whyman.

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

House Concurrent Resolution No. 5.

A concurrent resolution to disapprove Executive Order 1996-12 on executive reorganization.

(For text of resolution, see p. 85 of House Journal No. 4.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HCR 5 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Crissman, Cropsey, LeTarte, McNutt, Middleton,

Nays: None.

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

House Concurrent Resolution No. 6.

A concurrent resolution to disapprove Executive Order 1996-11 on executive reorganization.

(For text of resolution, see p. 85 of House Journal No. 4.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HCR 6 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott,

Nays: Reps. Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 1997, at 12:00 Noon,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:

Meeting held on: Wednesday, February 19, 1997, at 10:30 a.m.,

Present: Reps. Alley, Callahan, Anthony, Brater, Gire, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 1997, at 12:00 Noon,

Present: Reps. Baird, Brater, LaForge, Scranton, Cassis, Green, Hammerstrom,

Absent: Reps. Gubow, Wallace,

Excused: Reps. Gubow, Wallace.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:

Meeting held on: Wednesday, February 19, 1997, at 3:15 p.m.,

Present: Reps. Hanley, Schauer, LaForge, Thomas, Cassis, Voorhees,

Absent: Reps. Byl, Raczkowski,

Excused: Reps. Byl, Raczkowski.

Messages from the Senate

House Bill No. 4177, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending sections 2, 4, 4a, 7, and 7a (MCL 408.382, 408.384, 408.384a, 408.387, and 408.387a), section 2 as amended by 1980 PA 97.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1964 PA 154, entitled "An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act," by amending sections 2, 4, and 4a (MCL 408.382, 408.384, and 408.384a), section 2 as amended by 1980 PA 97.

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

Senate Bill No. 3, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 1994 PA 174.

The Senate has passed the bill.

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

Senate Bill No. 6, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217b.

The Senate has passed the bill.

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

Senate Bill No. 50, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.

The Senate has passed the bill.

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

Notices

Public Hearing

Committee on Human Services and Children

Place: Room 428, State Capitol, Lansing

Time: 1:00 p.m.

Date: Monday, February 24, 1997

Rep. LaForge

Chair

Agenda: Public Input on Welfare Reform and Administrative Rules
any and/or all business properly before this committee.

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, Thursday, February 13:

Senate Bill No. 140

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 14:

Senate Bill Nos. 142 143 144 145 146 147 148 149 150 151 152 153 154 155

The Clerk announced that the following Senate bills had been received on Wednesday, February 21:

Senate Bill Nos. 3 6 50

Introduction of Bills

Rep. Whyman introduced

House Bill No. 4354, entitled

A bill to prohibit governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion.

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

Reps. Owen, Nye, Baade, Cherry, Mans, Tesanovich, Jelinek, McBryde, Goschka, Raczkowski, Kaza, Dobronski, Bogardus, Bodem, Jaye, Galloway and Perricone introduced

House Bill No. 4355, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 1a (MCL 28.241a), as amended by 1996 PA 259.

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

Reps. Owen, Green, Gagliardi, Walberg, Nye, Lowe, Oxender, Baade, Cherry, Mans, Jaye, Martinez, Brater, Tesanovich, Jelinek, Goschka, Raczkowski, Kaza, Dobronski, Mathieu, Bogardus, McBryde, Bodem and Perricone introduced

House Bill No. 4356, entitled

A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending section 12 (MCL 207.112), as amended by 1996 PA 56.

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

Rep. Profit introduced

House Bill No. 4357, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

Reps. Hammerstrom, Martinez, DeHart, Scott, Mans and Goschka introduced

House Bill No. 4358, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053c.

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

Reps. Hammerstrom, Martinez, DeHart, Scott, Mans and Goschka introduced

House Bill No. 4359, 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 416b.

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

Reps. Hammerstrom, Martinez, DeHart, Scott, Mans and Goschka introduced

House Bill No. 4360, entitled

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

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

Reps. Owen, Galloway, Green, Walberg, Nye, Alley, Mans, McBryde, Jaye, Rhead, Goschka, Raczkowski, Dobronski,Mathieu and Bodem introduced

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for the death penalty in certain circumstances.

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

______

Rep. Parks moved that the House adjourn.

The motion prevailed, the time being 3:30 p.m.

The Speaker declared the House adjourned until Thursday, February 20, at 10:00a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.