hj02257t.014

No. 14

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, February 25, 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--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--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. Eileen DeHart, from the 18th District, offered the following invocation:

"Lord, Thank You for another day in which to do Your will and the people's work. Give us caring, compassion and wisdom. Caring to remember whatsoever we do to the least of our brothers that we do unto You. Caring to make us aware that if someone has money they should not get better service than those less fortunate and, in fact, those less fortunate are more in need. Compassion to know that someone else's problems could very well be ours tomorrow. Compassion to never lose sight of wrongs and try to right them. Wisdom to know the difference between governing and serving. Keep us aware that we are here to serve the people, not govern them. Always let us remember to serve with caring, compassion and wisdom. Amen."

______

Rep. Dobronski moved that Rep. Baade be granted an excuse from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

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.)

(The concurrent resolution was reported by the Committee on Education on February 19, consideration of which was postponed until February 20 under the rules.)

The question being on the adoption of the concurrent resolution,

Rep. Gagliardi moved that the concurrent resolution be re-referred to the Committee on Education.

The motion prevailed and the concurrent resolution was re-referred to the Committee on Education.

Second Reading of Bills

House Bill No. 4232, entitled

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

The bill was read a second time.

Reps. McManus and Gire moved to amend the bill as follows:

1. Amend page 14, following line 2, by inserting:

"SEC. 9A. THE AGENCY WITHIN THE DEPARTMENT THAT IS RESPONSIBLE FOR ADMINISTERING AND PROVIDING SERVICES UNDER THIS ACT SHALL MAKE AN ANNUAL COMPREHENSIVE REPORT TO THE LEGISLATURE THAT SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING:

(A) STATISTICAL INFORMATION INCLUDING AT LEAST ALL OF THE FOLLOWING:

(i) TOTAL REPORTS OF ABUSE AND NEGLECT INVESTIGATED UNDER THIS ACT AND THE NUMBER WHICH WERE SUBSTANTIATED AND UNSUBSTANTIATED.

(ii) CHARACTERISTICS OF PERPETRATORS OF ABUSE AND NEGLECT AND THE CHILD VICTIMS SUCH AS AGE, RELATIONSHIP, SOCIOECONOMIC STATUS, RACE, AND ETHNICITY.

(iii) THE CATEGORY LISTED UNDER SECTION 3 IN WHICH THE INDIVIDUAL WHO MADE THE REPORT FITS, OR OTHER CATEGORIZATION IF THE INDIVIDUAL IS NOT WITHIN A GROUP REQUIRED TO REPORT UNDER THIS ACT.

(iv) STATISTICS RELATING TO THE CENTRAL REGISTRY SUCH AS NUMBER OF INDIVIDUALS AND THEIR CHARACTERISTICS.

(B) POLICY RELATED TO CHILDREN'S PROTECTIVE SERVICES INCLUDING, BUT NOT LIMITED TO, MAJOR POLICY CHANGES AND COURT DECISIONS AFFECTING THE ADMINISTRATION OF THIS ACT.".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4232, entitled

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

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

Roll Call No. 46 Yeas--108

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway LaForge Raczkowski

Birkholz Geiger Law Rhead

Bobier Gernaat Leland Richner

Bodem Gilmer LeTarte Rison

Bogardus Gire Llewellyn Rocca

Brackenridge Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brewer Green Mans Schroer

Brown Griffin Martinez Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hale McManus Stallworth

Cherry Hammerstrom McNutt Tesanovich

Ciaramitaro Hanley Middaugh Thomas

Crissman Harder Middleton Varga

Cropsey Hertel Murphy Vaughn

Curtis Hood Nye Voorhees

Dalman Horton Olshove Walberg

DeHart Jansen Owen Wallace

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Nays--0

In The Chair: Hertel

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

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

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1995 PA 225, and by adding sections 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 9a.

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. Alley, Birkholz, Bodem, Brackenridge, Brater, Brewer, Brown, Byl, Callahan, Ciaramitaro, Crissman, Dalman, DeHart, DeVuyst, Dobb, Frank, Freeman, Gagliardi, Geiger, Gilmer, Jelinek, Jellema, Kelly, Kilpatrick, Kukuk, Law, London, Lowe, Mans, Middaugh, Middleton, Olshove, Palamara, Raczkowski, Richner, Rocca, Schauer, Schermesser, Scranton, Sikkema, Stallworth, Tesanovich, Thomas, Varga, Voorhees, Wallace and Wojno were named co-sponsors of the bill.

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4039, entitled

A bill to create the model emergency vehicle operation policy commission; to prescribe its membership, powers, and duties; to prescribe the powers and duties of certain state and local agencies and departments; to provide for the development and certification of emergency vehicle operation policies; and to repeal acts and parts of acts.

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

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 2, line 2, after "257.632" by striking out the balance of the subdivision and inserting a period.

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

Rep. Gubow moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Rep. Gubow,

Rep. Gubow moved that consideration of the bill be postponed until the next legislative session day.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Wetters, Bobier, Dobronski, Brackenridge, Rhead and Green offered the following resolution:

House Resolution No. 16.

A resolution to create a special committee to study land use issues.

Whereas, Land use issues have long presented unique challenges for state and local governmental public policy makers. Conflicts on land use all across our state involve a wide range of groups and interests; and

Whereas, Examples of concerns that are enfolded in land use questions include environmental contamination, suburban sprawl, agricultural operations, development projects, transportation, recreation, commercial growth, and preserving certain acreage. Due to the wide range of related issues, legislation dealing with land use issues is too easily fragmented. There is much to be gained from a consolidated legislative effort dealing with land use prior to actions by the respective standing committees; now, therefore, be it

Resolved by the House of Representatives, That there be created a special committee to study land use issues in Michigan. The special committee shall be comprised of 5 members of the majority and 4 members of the minority, including the chair and minority vice-chair of the Agriculture Committee and the chair and minority vice-chair of the Local Government Committee, with the remaining members to be appointed by the Speaker. The special committee to study land use issues may review the content of bills the chairs of the Agriculture and Local Government Committees request it to review and the content of other bills at the request of the Speaker. The special committee will complete its work and make recommendations on the bills it reviews to the appropriate committees by December 31, 1998.

Pending the reference of the resolution to a committee,

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

Rep. Cherry moved that consideration of the motion be postponed until the next legislative session day.

The motion prevailed.

Reports of Standing Committees

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

House Concurrent Resolution No. 7.

A concurrent resolution to call upon the Governor to support emergency appropriations when snow removal costs threaten the resources of local governmental units.

(For text of resolution, see House Journal No. 6, p. 109.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

HCR 7 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Gustafson, DeVuyst, Goschka, Voorhees,

Nays: Reps. Fitzgerald, Perricone.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Monday, February 24, 1997, at 2:00 p.m.,

Present: Reps. Gagliardi, Cherry, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,

Absent: Reps. Agee, Wojno,

Excused: Reps. Agee, Wojno.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Dobronski, Chair of the Committee on Local Government, was received and read:

Meeting held on: Tuesday, February 25, 1997, at 9:00 a.m.,

Present: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 25, 1997, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, Jaye, London, McManus.

Notices

February 25, 1997

The Honorable Mary Kay Scullion

Clerk of the House

Michigan House of Representatives

State Capitol Building

Lansing, MI

Dear Ms. Scullion:

I am writing to inform you of changes in committee assignments for a number of members.

Effective immediately, I am appointing Representative Brown to Conservation, Environment and Recreation replacing Representative Pitoniak. Representative Griffin will now serve on Public Retirement replacing Representative Pitoniak. Representative Freeman will serve on Insurance replacing Representative Brown. Representative DeHart will serve on Corrections replacing Representative Baird. Representative Baird will serve on Urban Policy and Economic Development replacing Representative Pitoniak. Representative Wojno will now serve on Health Policy replacing Representative Baade.

Thank you for your attention to this matter. Please make all necessary changes to records for the committee and the House of Representatives.

Please contact me if there are any questions about these appointments.

Sincerely,

Curtis Hertel

Speaker of the House

Public Hearing

Committee on Mental Health in conjunction with the House Appropriation Subcommittee on Community Health

Place: McGregor Center, Wayne State University, Detroit, Michigan

Time: 9:00 a.m.

Date: Monday, March 3, 1997

Rep. Baird

Chair

Agenda: Proposed closing of the Detroit Psychiatric Institute.
any and/or all business properly before this committee.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, February 19:

Senate Bill Nos. 156 157 158 159 160 161 162 163 164 165 166 167 168 169

170 171 172 173 174 175 176 177 178 179 180 181 182 183

184 185 186 187 188 189 190 191 192 193 194 195 196 197

198 199 200 208

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members, Monday, February 24:

House Bill Nos. 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346 4347 4348 4349 4350

4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364

4365

House Joint Resolutions L M

Communications from State Officers

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

February 21, 1997

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

Performance Audit of Eastern Michigan University

February 1997

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Reps. Gustafson, McBryde, Kaza, Goschka, Lowe, Dobb, Brackenridge, Martinez, Gilmer and Cherry introduced

House Bill No. 4366, entitled

A bill to amend 1984 PA 427, entitled "Municipal employees retirement act of 1984," (MCL 38.1501 to 38.1555) by adding section 10b.