hj03187t.023

No. 23

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, March 18, 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--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. Terry Geiger, from the 87th District, offered the following invocation:

"Our Father in Heaven, We come before You today with thanks for the many blessings You have bestowed upon us. We ask You to constantly remind us of those who are less fortunate and urge us to continue to reflect on ways we can make their lives better. We also give You thanks for the opportunity to serve our state and our nation. We ask again for the wisdom and the guidance necessary to allow us to make the correct decisions for the people of the state of Michigan. In the name of Your son, Jesus Christ, Amen."

Notices

March 18, 1997

Mary Kay Scullion, Clerk

Michigan House of Representatives

Capitol Building

Lansing, Michigan 48909

Dear Madam Clerk:

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 15.

A concurrent resolution to express support for the American Forest and Paper Association's Sustainable Forestry Initiative.

(For text of resolution, see House Journal No. 15, p. 234.)

(The concurrent resolution was reported by the Committee on Forestry and Mineral Rights on March 11, consideration of which was postponed until March 12 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reps. Cropsey, Dobronski, Gagliardi, Geiger, Harder, Law, Lowe, Perricone, Rhead, Rocca, Walberg and Wallace were named co-sponsors of the concurrent resolution.

Third Reading of Bills

House Bill No. 4392, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21052a.

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

Roll Call No. 105 Yeas--108

Agee Emerson Johnson Perricone

Alley Fitzgerald Kaza Price

Anthony Frank Kelly Profit

Baade Freeman Kilpatrick Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway LaForge Raczkowski

Birkholz Geiger Law Rhead

Bobier Gernaat Leland Richner

Bodem Gilmer LeTarte Rocca

Bogardus Gire Llewellyn Schauer

Brackenridge Godchaux London Schermesser

Brater Goschka Lowe Schroer

Brewer Green Mans Scott

Brown Griffin Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Stallworth

Cassis Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Ciaramitaro Hanley Middaugh Varga

Crissman Harder Middleton Vaughn

Cropsey Hertel Murphy Voorhees

Curtis Hood Nye Walberg

Dalman Horton Olshove Wallace

DeHart Jansen Owen Wetters

DeVuyst Jaye Oxender Whyman

Dobb Jelinek Palamara Willard

Dobronski Jellema Parks Wojno

Nays--0

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.

Reps. Anthony, Bankes, Birkholz, Brewer, Cassis, Dalman, DeVuyst, Dobb, Dobronski, Gagliardi, Gernaat, Gilmer, Hale, Hanley, Jellema, Johnson, Kaza, Kelly, Kilpatrick, McBryde, McManus, Middleton, Oxender, Prusi, Quarles, Raczkowski, Richner, Rison, Stallworth, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4393, entitled

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

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

Roll Call No. 106 Yeas--108

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baade Gagliardi Kukuk Quarles

Baird Galloway LaForge Raczkowski

Bankes Geiger Law Rhead

Birkholz Gernaat Leland Richner

Bobier Gilmer LeTarte Rison

Bodem Gire Llewellyn Rocca

Bogardus Godchaux London Schauer

Brackenridge Goschka Lowe Schermesser

Brater Green Mans Schroer

Brewer Griffin Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Vaughn

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Walberg

Dalman Jansen Owen Wallace

DeHart Jaye Oxender Wetters

DeVuyst Jelinek Palamara Whyman

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Nays--0

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.

Reps. Bankes, Birkholz, Cassis, Ciaramitaro, Dalman, DeVuyst, Dobronski, Gagliardi, Gernaat, Gilmer, Hale, Harder, Jellema, Johnson, Kaza, Kelly, Kilpatrick, London, McBryde, Middleton, Oxender, Palamara, Raczkowski, Rison and Stallworth were named co-sponsors of the bill.

House Bill No. 4394, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407a.

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

Roll Call No. 107 Yeas--107

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kilpatrick Quarles

Baade Gagliardi Kukuk Raczkowski

Baird Galloway LaForge Rhead

Bankes Geiger Law Richner

Birkholz Gernaat Leland Rison

Bobier Gilmer LeTarte Rocca

Bodem Gire Llewellyn Schauer

Bogardus Godchaux London Schermesser

Brackenridge Goschka Lowe Schroer

Brater Green Mans Scott

Brewer Griffin Martinez Scranton

Brown Gubow Mathieu Sikkema

Byl Gustafson McBryde Stallworth

Callahan Hale McManus Tesanovich

Cassis Hammerstrom McNutt Thomas

Cherry Hanley Middaugh Varga

Ciaramitaro Harder Middleton Vaughn

Crissman Hertel Murphy Voorhees

Cropsey Hood Nye Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson Price

Nays--0

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.

Reps. Bankes, Cassis, Ciaramitaro, DeVuyst, Dobb, Dobronski, Gagliardi, Gilmer, Jellema, Johnson, Kaza, Kelly, Kukuk, London, McBryde, Middleton, Olshove, Parks, Prusi, Raczkowski, Richner, Rison, Sikkema, Varga, Vaughn, Voorhees, Wallace and Wetters were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4206, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 139.

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

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

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 1, line 5, after "15" by striking out "IS ADOPTED." and inserting "SHALL BE ADOPTED UPON THE CONCURRENCE OF THE DEPARTMENT OF COMMUNITY HEALTH, THE ENVIRONMENTAL PROTECTION AGENCY, AND THE FOOD AND DRUG ADMINISTRATION. IF THESE 3 AGENCIES ARE UNABLE TO CONCUR IN THIS VALUE OR ANOTHER APPROPRIATE VALUE OR WARNING, WITHIN 6MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THE GOVERNOR SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES TO MAKE SUCH DETERMINATIONS,".

2. Amend page 2, line 9, after "(1)." by inserting "THE ADVISORY SHALL REFLECT THE CONCURRENCE OF THE DEPARTMENT OF COMMUNITY HEALTH, THE ENVIRONMENTAL PROTECTION AGENCY AND THE FOOD AND DRUG ADMINISTRATION OR THE NATIONAL ACADEMY OF SCIENCES AS SPECIFIED IN SUBSECTION (1).".

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

Rep. Birkholz demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Griffin demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 108 Yeas--25

Birkholz Gernaat Kukuk Raczkowski

Byl Green LeTarte Richner

Cassis Gustafson Lowe Scranton

Cropsey Horton McNutt Sikkema

DeVuyst Jansen Middaugh Voorhees

Galloway Jelinek Perricone Walberg

Geiger

Nays--84

Agee Dobronski Kaza Price

Alley Emerson Kelly Profit

Anthony Fitzgerald Kilpatrick Prusi

Baade Frank LaForge Quarles

Baird Freeman Law Rhead

Bankes Gagliardi Leland Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Griffin Mathieu Scott

Brewer Gubow McBryde Stallworth

Brown Hale McManus Tesanovich

Callahan Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Wallace

Curtis Hood Owen Wetters

Dalman Jaye Oxender Whyman

DeHart Jellema Palamara Willard

Dobb Johnson Parks Wojno

In The Chair: Hertel

Rep. Schroer 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. 4206, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 139.

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

Roll Call No. 109 Yeas--104

Agee Dobronski Johnson Price

Alley Emerson Kaza Profit

Anthony Fitzgerald Kelly Prusi

Baade Frank Kilpatrick Quarles

Baird Freeman Kukuk Raczkowski

Bankes Gagliardi LaForge Rhead

Birkholz Galloway Law Richner

Bobier Geiger Leland Rison

Bodem Gernaat Llewellyn Rocca

Bogardus Gilmer London Schauer

Brackenridge Gire Lowe Schermesser

Brater Godchaux Mans Schroer

Brewer Goschka Martinez Scott

Brown Green Mathieu Scranton

Byl Griffin McBryde Sikkema

Callahan Gubow McManus Stallworth

Cassis Gustafson McNutt Tesanovich

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Cropsey Harder Olshove Voorhees

Curtis Hertel Owen Wallace

Dalman Hood Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Nays--5

Horton LeTarte Nye Walberg

Jansen

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.

Reps. Anthony, Baird, Bodem, Bogardus, Brewer, Brown, Callahan, Cherry, Ciaramitaro, Dalman, DeHart, Dobb, Freeman, Gagliardi, Gernaat, Gire, Godchaux, Goschka, Hammerstrom, Harder, Jellema, Johnson, Kaza, Kelly, Kilpatrick, LaForge, Mans, McBryde, McManus, Price, Prusi, Raczkowski, Rison, Rocca, Schermesser, Scott, Tesanovich, Thomas, Varga, Vaughn and Willard were named co-sponsors of the bill.

Second Reading of Bills

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 second time.

Rep. Owen 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.

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4356, 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. 110 Yeas--105

Agee Fitzgerald Johnson Price

Alley Frank Kaza Profit

Anthony Freeman Kelly Prusi

Baade Gagliardi Kilpatrick Raczkowski

Baird Galloway Kukuk Rhead

Bankes Geiger Law Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Varga

Ciaramitaro Harder Murphy Vaughn

Crissman Hertel Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski

Nays--0

In The Chair: Murphy

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4243, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 504a, 506, 514a, and 516 (MCL 380.504a, 380.506, 380.514a, and 380.516), sections 504a and 514a as amended by 1995 PA 289, section 506 as added by 1993 PA 362, and section 516 as added by 1994 PA 416.

The bill was read a second time.

Rep. Rhead moved to amend the bill as follows:

1. Amend page 2, line 25, after "ACADEMY" by striking out "SHALL" and inserting "MAY, AT THE REQUEST OF THE EMPLOYEE,".

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

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

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

______

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

The motion prevailed.

The Speaker Pro Tempore called Acting Speaker DeHart to the Chair.

By unanimous consent the House returned to the order of

Reports of Select Committees

Joint Committee on Administrative Rules

March 13, 1997

Christy A. Baird

Executive Secretary

Department of State Police

Lansing, Michigan

Dear Ms. Baird:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-17, submitted by the Department of State Police, Fire Safety Board, pertaining to Radioactive Material Transportation (Rescission), to May 19, 1997.

Sincerely,

REPRESENTATIVE CANDACE A. CURTIS

Chair

March 13, 1997

Ronald Gruesbeck

Regulatory Affairs Officer

Department of Family Independence Agency

Lansing, Michigan

Dear Mr. Gruesbeck:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-18, submitted by the Department of Family Independence Agency, General Rules, pertaining to Hearings, Appeals and Declaratory Rulings (Part 9), to May 27, 1997.

Sincerely,

REPRESENTATIVE CANDACE A. CURTIS

Chair

March 13, 1997

Denise DeCook

Regulatory Affairs Officer

Department of State

Lansing, Michigan

Dear Ms. DeCook:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-20, submitted by the Department of State, Board of State Canvassers, pertaining to Procedures, to June 10, 1997.

Sincerely,

REPRESENTATIVE CANDACE A. CURTIS

Chair

March 13, 1997

Tom Martin

Regulatory Affairs Officer

Department of Consumer and Industry Services

Lansing, Michigan

Dear Mr. Martin:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.97-21, submitted by the Department of Consumer and Industry Services, Director's Office, pertaining to Securities (Rescission), to June 12, 1997.

Sincerely,

REPRESENTATIVE CANDACE A. CURTIS

Chair

Reports of Standing Committees

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4239, entitled

A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, dog pounds and animal shelters," by amending the title and sections 1, 6, 7, 8, and 9 (MCL 287.331, 287.336, 287.337, 287.338, and 287.339), section 1 as amended by 1980 PA 214, and by adding sections 8a, 9a, and 9b.

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

1. Amend page 9, line 12, by striking out "January 1, 1998" and inserting "90 days after the date of its enactment".

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

Favorable Roll Call

HB 4239 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Thomas, Wojno, Hammerstrom, Crissman, Law, Rocca, Scranton,

Nays: Rep. Llewellyn.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 18, 1997, at 10:30 a.m.,

Present: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Rocca, Scranton,

Absent: Reps. Murphy, Profit, Raczkowski,

Excused: Reps. Murphy, Profit, Raczkowski.

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4034, entitled

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

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 4034 To Report Out:

Yeas: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Birkholz,

Nays: None.

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4221, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 799a and 803 (MCL 168.799a and 168.803), section 799a as amended by 1992 PA 8 and section 803 as amended by 1985 PA 160.

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 4221 To Report Out:

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

Nays: None.

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, March 18, 1997, at 9:00 a.m.,

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

Absent: Rep. Brackenridge,

Excused: Rep. Brackenridge.

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

House Bill No. 4386, entitled

A bill to amend 1968 PA 317, entitled "An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts," by amending section 3 (MCL 15.323), as amended by 1984 PA 184.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4386 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Perricone, Richner,

Nays: None.

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

House Resolution No. 22.

A resolution to memorialize the President and the Congress of the United States to work for the expansion of the North Atlantic Treaty Organization to include Poland.

(For text of resolution, see House Journal No. 17, p. 271.)

With the recommendation that the following amendments be adopted and that the resolution then be adopted.

1. Amend the title, line 3, after "include" by inserting "the Republic of".

2. Amend the second Whereas clause, line 2, after "nations." by inserting "The Republic of".

3. Amend the first Resolving clause, line 3, after "include" by inserting "the Republic of".

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

Favorable Roll Call

HR 22 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Hanley, Kilpatrick, Wallace, Wojno, DeVuyst, Perricone, Richner, Voorhees,

Nays: None.

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

House Concurrent Resolution No. 17.

A concurrent resolution to memorialize the President and the Congress of the United States to work for the expansion of the North Atlantic Treaty Organization to include Poland.

(For text of resolution, see House Journal No. 17, p. 275.)

With the recommendation that the following amendments be adopted and that the concurrent resolution then be adopted.

1. Amend the title, line 3, after "include" by inserting "the Republic of".

2. Amend the second Whereas clause, line 2, after "nations." by inserting "The Republic of".

3. Amend the first Resolving clause, line 4, after "include" by inserting "the Republic of".

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

Favorable Roll Call

HCR 17 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Hanley, Wallace, Wojno, DeVuyst, Fitzgerald, Perricone, Richner, Voorhees,

Nays: None.

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

House Concurrent Resolution No. 22.

A concurrent resolution to reappoint Thomas H. McTavish, C.P.A. as Auditor General.

(For text of resolution, see House Journal No. 21, p. 362.)

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 22 To Report Out:

Yeas: Reps. Gagliardi, Cherry, DeHart, Hanley, Wallace, Wojno, DeVuyst, Perricone, Richner, Voorhees,

Nays: None.

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, March 17, 1997, at 2:00 p.m.,

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

Absent: Rep. Varga,

Excused: Rep. Varga.

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, March 18, 1997, at 9:00 a.m.,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:

Meeting held on: Tuesday, March 18, 1997, at 12:30 p.m.,

Present: Reps. Brewer, Brown, Anthony, Baird, Quarles, Kaza, Hammerstrom, Walberg, Whyman.

Messages from the Senate

House Concurrent Resolution No. 24.

A concurrent resolution to commemorate the One Hundred and Fiftieth Anniversary of the selection of the City of Lansing as the permanent Capital of the State of Michigan.

(For text of resolution, see House Journal No. 22, p. 384.)

The Senate has adopted the concurrent resolution and named Senators Berryman, Stallings, Vaughn, Hart, Schwarz and Hoffman as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Concurrent Resolution No. 24.

A concurrent resolution to reappoint Thomas H. McTavish, C.P.A., as Auditor General.

Whereas, Article 4, Section 53 of the Constitution of the State of Michigan of 1963 requires the legislature by a majority vote of the members elected to and serving in each house to appoint an auditor general, who shall be a certified public accountant licensed to practice in this state to serve for a term of eight years; and

Whereas, Under the provisions of Article 4, Section 53, the Auditor General of the state of Michigan shall conduct post audits of financial transactions and accounts of the state and of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions established by the state constitution or by law, and performance post audits; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the members of the Michigan Legislature, pursuant to Article 4, Section 53 of the Constitution of the State of Michigan, hereby reappoint Thomas H. McTavish, C.P.A., as Auditor General of the state of Michigan, to serve for a term of eight years.

The Senate has adopted the concurrent resolution.

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

Notices

March 17, 1997

Mary Kay Scullion, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Madam Clerk:

Effective immediately, the House Standing Committee on Advanced Technology and Computer Development has my permission to hold its regular committee meetings on Tuesdays at 12:30 pm instead of Wednesdays at 3:00 pm.

If you have any questions, feel free to contact my office.

Sincerely,

REP. CURTIS HERTEL

Speaker of the House

Public Hearing

House Appropriations Subcommittee on Community Health

Date: Friday, March 21, 1997

Time: 3:00-5:00 pm

Place: Pontiac City Hall

City Council Chambers

450 E. Wide Track Road

Pontiac, MI

Agenda: Proposed Closure of the Clinton

Agenda: Valley Center

Agenda: and any/or all bills properly before this subcommittee

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, March 12:

Senate Bill Nos. 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 302 303

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

House Bill Nos. 4467 4468 4469 4470 4471 4472 4473

The Clerk announced that the following Senate bill had been approved and signed by the Governor:

Enrolled Senate Bill No. 1 - Public Act No. 1

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, March 17:

House Bill Nos. 4474 4475 4476 4477 4478 4479 4480 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Tuesday, March 18:

House Bill Nos. 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509

House Joint Resolution N

Messages from the Governor

The following message from the Governor was received and read:

Executive Office, Lansing, Thursday, March 13, 1997.

EXECUTIVE ORDER

No.1997 - 2

Michigan Department of State Police

Michigan Department of Consumer & Industry Services

Michigan Department of Environmental Quality

Fire Marshal Division

Executive Reorganization

WHEREAS, Article V, Section 1, of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and

WHEREAS, Article V, Section 2 of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, the Fire Marshal Division of the Michigan Department of State Police performs certain inspection functions which are duplicative of or similar to those performed by the Department of Consumer and Industry Services and the Department of Environmental Quality; and

WHEREAS, the Department of Consumer and Industry Services is the primary state department with inspection and licensing responsibilities; and

WHEREAS, in Executive Orders 1995-18 and 1996-1 the Michigan Department of Environmental Quality assumed certain responsibilities for dry cleaning programs and underground storage tanks; and

WHEREAS, certain functions, duties and responsibilities assigned to the Fire Marshal Division of the Michigan Department of State Police can be more effectively organized and carried out under the supervision and direction of the Michigan Department of Consumer & Industry Services and Michigan Department of Environmental Quality; and

WHEREAS, it is in the best interest of Michigan citizens to have the Department of State Police concentrate its efforts and functions on its primary role of criminal investigations, arson investigations, and arson-related training activities; and

WHEREAS, by relieving the Fire Marshal Division of certain inspection and administrative functions, state police resources will be made available to perform core functions of the Department of State Police; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

A. Department of Consumer and Industry Services.

1. All of the authority, powers, duties, functions and responsibilities, including but not limited to the functions of budgeting, procurement and management related functions of the following Fire Marshal Division programs:

a) Fire safety inspections of adult foster care (MCL §400.711), correctional (MCL §791.762), and health care facilities (MCL §§330.1138 and 333.20156); and

b) Plan review and construction inspections of schools, colleges, universities, school dormitories (MCL §388.853), as well as adult foster care (MCL §400.711), correctional (MCL §791.762), and health care facilities (MCL §§330.1138 and 333.21056); and

c) Coordination of fire inspector training programs, including State Certified Fire Inspector School (SCFIS) and the biennial recertification of fire inspectors (MCL §29.2b); and

d) Fire alarm and fire suppression system installation, documentation and certification (MCL §29.26 - 33); and

e) Federally required fire inspections of certain health and mental care facilities, and

f) Inspection and certification of places of public assemblage (MCL §29.21c and 29.21d); and

g) Federal inspection requirements pursuant to the Hotel/Motel Fire Safety Act of 1990 (PL 101-391 of 1990); and

h) Fire drills in schools, colleges, universities and school dormitories (MCL §29.19); and

i) Fire extinguishing compound use approval (MCL §29.21b(b); and

j) Hazardous chemicals in the workplace (MCL §29.29p),

are hereby transferred from the Department of State Police to the Department of Consumer & Industry Services by a Type II transfer as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the statutory authority, powers, duties, functions and responsibilities granted to the Director of the State Police in Section 2 of Act No.207 of the Public Acts of 1941, as amended, being Sections 29.2 of the Michigan Compiled Laws, which are related to the functions transferred by this Order, are hereby transferred from the Director of the Michigan Department of State Police to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. All of the statutory authority, powers, duties, functions and responsibilities of the State Fire Safety Board, including but not limited to those set forth in Act No.207 of the Public Acts of 1941, as amended, being Section 29.1 et. seq. of the Michigan Compiled Laws, are hereby transferred from the Department of State Police to the Department of Consumer and Industry Services by a Type Itransfer as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

4. The Director of the Department of Consumer & Industry Services shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Consumer & Industry Services and all prescribed functions of rule making, licensing and registration, including the prescription of rules, regulations, standards and adjudications, shall be transferred to the Director of the Department of Consumer & Industry Services.

5. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Fire Marshal Division and State Fire Safety Board for the activities transferred to the Department of Consumer & Industry Services by this Order are hereby transferred to the Department of Consumer & Industry Services.

6. The Director of the Department of Consumer & Industry Services shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

7. The Director of the Department of State Police and the Director of the Department of Consumer & Industry Services shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and State laws and regulations, or other obligations to be resolved by the Fire Marshal Division.

8. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

9. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

10. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

B. Department of Environmental Quality.

1. All of the statutory authority, powers, duties, functions and responsibilities, including but not limited to the functions of budgeting, procurement and related management functions of the following Fire Marshal Division programs:

a. The Above Ground Storage Tank Program (MCL §29.5c); and

b. The inspection of dry cleaning establishments (MCL §29.5i),

are hereby transferred from the Department of State Police to the Department of Environmental Quality by a Type II transfer as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Director of the Michigan Department of Environmental Quality shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Michigan Department of Environmental Quality, and all related prescribed functions of rule-making, licensing and registration, including the prescription of rules, regulations, standards and adjudications, are transferred to the Director of the Michigan Department of Environmental Quality.

3. The Director of the Department of Environmental Quality shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

4. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available to or to be made available to the activities, powers, duties, functions and responsibilities transferred to the Michigan Department of Environmental Quality by this Order are transferred to the Michigan Department of Environmental Quality.

5. The Director of the Michigan Department of Environmental Quality shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

6. The Director of the Michigan Department of State Police and the Director of the Michigan Department of Environmental Quality shall immediately initiate coordination to facilitate the transfers and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Michigan Department of Environmental Quality.

7. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

8. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

9. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Order shall become effectiveSeptember 30, 1997.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 12th day of March, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk and ordered printed in the Journal.

The following message from the Governor was received and read:

Executive Office, Lansing, Monday, March 17, 1997.

EXECUTIVE ORDER

No. 1997 - 3

Michigan Department of Management and Budget

Michigan Department of Environmental Quality

Michigan Environmental Science Board

Environmental Administration Division

Executive Reorganization

WHEREAS, the Michigan Environmental Science Board was created by Executive Order 1992-19 as an independent autonomous entity within the Department of Management and Budget to provide the Governor and others within state government with scientific and technical expertise and advise on important matters relating to environmental protection and natural resource management; and

WHEREAS, the Environmental Administration Division is an administrative body created within the Department of Management and Budget to provide administrative support to the Michigan Environmental Science Board; and

WHEREAS, the Department of Management and Budget is the state department which focuses upon financial and administrative issues affecting the State of Michigan, while the Department of Environmental Quality is the state department focused upon state-wide environmental issues; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

1. All the authority, powers, duties, functions, and responsibilities of the Michigan Environmental Science Board, created under Executive Order 1992-19, are hereby transferred from the Department of Management and Budget to the Department of Environmental Quality by a Type I transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the authority, powers, duties, functions, and responsibilities of the Environmental Administration Division are hereby transferred from the Department of Management and Budget to the Department of Environmental Quality by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Michigan Environmental Science Board and the Environmental Administration Division are hereby transferred from the Department of Management and Budget to the Department of Environmental Quality.

4. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

5. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of the transfers.

6. The assigned functions of the Environmental Administration Division shall be administered under the direction and supervision of the Director of the Department of Environmental Quality, and all related prescribed functions of rulemaking, licensing and registration, including the prescription of rules, regulations, standards and adjudications, shall be transferred to the Director of the Department of Environmental Quality consistent with this Executive Order.

7. The Director of the Department of Environmental Quality may perform a duty or exercise a power conferred by law or this Order upon the Director of the Michigan Department of Environmental Quality at the time and to the extent the duty or power is delegated to the Director of the Department of Environmental Quality by law or by this Order.

8. The Director of the Department of Environmental Quality may, by written instrument, delegate a duty or a power conferred by law or this Order, and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director.

9. Decisions made by the Director of the Department of Environmental Quality or persons whom the Director has lawfully delegated decision-making authority, pursuant to this Order, shall be final when reduced to writing and delivered to all affected persons unless otherwise provided by law.

10. The Director of the Department of Environmental Quality shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

11. The Directors of the Department of Environmental Quality and the Department of Management and Budget shall immediately initiate coordination to facilitate the transfers and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Environmental Quality.

12. All rules, orders, contracts and agreements related to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

13. Any suit, action, or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days after filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 14th day of March, in the Year of our Lord, One Thousand Nine Hundred Ninety-Seven.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk and ordered printed in the Journal.

Communications from State Officers

The following communication from the Saginaw, Midland Bay Job Training Consortium was received and read:

To: Interested Parties - As Addressed

From: Dennis J. Brieske, Director

Re: Title IIA and IIC, Biennial Plan for PY 1997/1998,

Title III EDWAAA, Biennial Plan for PY 1997/1998 and

Title IIB SYETP, Biennial Plan for the Period Oct. 1, 1996-Sept. 30, 1997

Date: March 4, 1997

Enclosed you will find the summaries of the Michigan Works!/Saginaw, Midland and Bay Job Training Consortium biennial plans for the following funding sources.

* Title IIA

* Title IIC

* Title III, EDWAAA

* SYETP

Comments on the Title IIA, IIC, and Title III, EDWAAA summaries are requested by April 11, 1997. The plans will be available for review on that date.

Comments on the SYETP summary is requested by May 23, 1997. The SYETP plan will be available for review on that date.

Plans are submitted for review in compliance with Section 105(a)(1) and (a)(2) of the Job Training Partnership
Act.

Please send any comments in writing to:

Dennis Brieske, Director

Saginaw, Midland Bay/Michigan Works! Administration

1600 North Michigan Avenue, Room 400

Saginaw, Michigan 48602

Telephone (517) 754-1144

The communication was referred to the Clerk.

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

March 13, 1997

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

Financial Related Audit of the Statewide Indirect Cost

Allocation Plan

Department of Management and Budget

July 1, 1997 through September 30, 1996

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

March 13, 1997

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

Performance Audit of the Community Mental Health Board

of Clinton, Eaton, and Ingham Counties

An Agency Under Contract With the

Department of Community Health

March 1997

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 Ethics.

Introduction of Bills

Reps. McBryde, Goschka, Hammerstrom, Jelinek, McNutt, Cropsey, Dobb, DeVuyst, Voorhees, Oxender, Green, Dalman, Bodem, Brackenridge, Middleton, Rhead, LeTarte and Richner introduced

House Bill No. 4510, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1267 (MCL 380.1267), as amended by 1995 PA 289.

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

Reps. Brater, Freeman, Wallace, Brewer, Martinez, Schauer, Hale, Varga, Hanley, Kaza, Willard, Cherry, Price, Gubow, Ciaramitaro and Parks introduced

House Bill No. 4511, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

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

Reps. Freeman, Profit, Wetters, Varga, Martinez, Gubow, Owen, Lowe, Frank, Brewer, Goschka, LaForge, Mathieu, Anthony, Prusi, DeHart, Vaughn, Kelly, Scott, Kaza, Olshove, Dobronski, Jaye, Leland, Agee, Curtis, Palamara, Baade, DeVuyst, Middaugh, Stallworth, Price, Gire, Harder, Wallace, Murphy, Griffin, Rison, Schauer, Bogardus, Thomas, Schermesser, Hale, Wojno, Tesanovich, Brown, Cherry, Parks, Mans, Emerson, Quarles, Llewellyn, Brater, Kukuk, LeTarte, Law, Voorhees, Perricone, Bodem, Whyman, Hammerstrom, Callahan, Cassis, Rhead, Gernaat, Hood, Kilpatrick, Raczkowski, Ciaramitaro, Cropsey, Gagliardi and Green introduced

House Bill No. 4512, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 354 (MCL 18.1354), as amended by 1995 PA 286.

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

Reps. Oxender, Dobb, McBryde, Gilmer, Middleton, Jellema, Bobier, Crissman, Martinez, Bodem, Hammerstrom, Law, Godchaux, Birkholz, Dalman and Goschka introduced

House Bill No. 4513, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1995 PA 194.

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

Reps. McNutt, Middaugh, Bodem, Anthony, Dalman, Gernaat, Tesanovich and Rhead introduced

House Bill No. 4514, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80142 (MCL 324.80142), as amended by 1996 PA 174.

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

Rep. Freeman introduced

House Bill No. 4515, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 33 (MCL 791.233), as amended by 1994 PA 217.

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

Reps. Hammerstrom and Brackenridge introduced

House Bill No. 4516, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 253 (MCL 560.253).

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

Rep. Middaugh introduced

House Bill No. 4517, entitled

A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and sections 2, 3, 6, 7, 12, 13, 21, and 22 (MCL 252.302, 252.303, 252.306, 252.307, 252.312, 252.313, 252.321, and 252.322) and by adding sections 4a, 7a, 13a, 13b, 17a, and 19a; and to repeal acts and parts of acts.

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

Reps. Gubow, Schauer and Freeman introduced

House Bill No. 4518, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

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

Reps. Lowe, Freeman, Martinez, McBryde, Goschka, Cropsey, Kaza, Middleton, Gernaat, Whyman, Green, Bodem, Jaye, Voorhees, Llewellyn and Perricone introduced

House Bill No. 4519, entitled

A bill to amend 1935 PA 245, entitled "An act to provide educational opportunities for the children of certain members of the armed forces of the United States," by amending the title and section 2 (MCL 35.112), as amended by 1980 PA 27, and by adding section 3.

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

Reps. Emerson, Bogardus, Rison and Cherry introduced

House Bill No. 4520, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 17h (MCL 436.17h), as amended by 1996 PA 379.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hale, Schroer, Gire, Prusi, Harder, Brewer, Baade, LaForge, Vaughn, Parks, Murphy, Hanley, Bogardus, Mathieu, Gagliardi, Baird, Anthony, Gubow, Freeman, Scott, Martinez, Cherry, Schermesser, Kilpatrick, Varga, Leland, Ciaramitaro, Schauer, Willard, Tesanovich, Scranton, Agee, Alley, Kelly, DeHart, Curtis, Olshove, Hertel, Jaye, Dobronski, Quarles, Thomas, Hood, Middaugh, Law, Bankes, Griffin, Wetters, Wojno, Price, Palamara, Mans, Frank, Callahan and Owen offered the following concurrent resolution:

This resolution is offered to comply with Article V, Section 2 of the Constitution of the State of Michigan.

House Concurrent Resolution No. 25.

A concurrent resolution to disapprove Executive Order 1997-2 on executive reorganization.

Whereas, On March 12, 1997, Governor Engler, pursuant to authority outlined in Article V, Section 2 of the Constitution of the State of Michigan, issued Executive Order 1997-2. This proposal on executive reorganization provides for changes in responsibilities for the Department of State Police, the Department of Consumer and Industry Services, the Department of Natural Resources, and the Fire Marshal Division; and

Whereas, Article V, Section 2 of the Constitution of the State of Michigan also provides:

Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. Unless disapproved in both houses by a resolution concurred in by a majority of the members elected to and serving in each house, each order shall become effective at a date thereafter to be designated by the governor.

; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature, pursuant to Article V, Section 2 of the Constitution of the State of Michigan, disapprove Executive Order 1997-2; and be it further

Resolved, That a copy of this resolution be transmitted to the office of the Governor.

The concurrent resolution was referred to the Committee on Appropriations.

______

Rep. Schermesser moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

Acting Speaker DeHart declared the House adjourned until Wednesday, March 19, at 2:00p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.