No. 28

JOURNAL OF THE HOUSE


House Chamber, Lansing, Thursday, April 10, 1997.

10:00 a.m.

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

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--excused

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--excused

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--excused

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--excused

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--excused

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

Pastor Willet Oeschger, from Sebewaing Christian Church in Sebewaing, offered the following invocation:

"Please join with me as we pray this morning. Father God, we give You thanks this morning for these people who comprise the House of Representatives of the State of Michigan. They have been chosen to be leaders in this state. So Lord, help us always to remember that in this role of leadership of the people of Michigan that we are also called to be servants. I am reminded this morning of the scripture that says God blesses those who realize the need for Him. Lord, we need Your wisdom and Your guidance daily. Lord, I ask that You would freely give of Your wisdom and guidance to these people today so that they can fulfill the role of leadership that You have called them to. We know that we will have differences of opinion and that we might have strong debates on various issues. But, I pray that the desire of our hearts would be to do what is pleasing to You and beneficial to the people of this state. So Lord, I ask for Your blessing on this group of people. Lord, I ask for Your love, for Your grace, Your mercy, Your peace, Your wisdom and Your guidance to be with everyone here today. I ask this all in the name of our Lord and Savior, Jesus Christ. Amen."

______

Rep. Hammerstrom moved that Rep. McNutt be excused from today's session.

The motion prevailed.

Rep. Dobronski moved that Reps. DeHart, Schermesser and Stallworth be excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4237, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 117 (MCL 55.117).

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

Roll Call No. 154 Yeas--102

Agee Emerson Johnson Perricone

Alley Fitzgerald Kaza Price

Anthony Frank Kelly Profit

Baade Freeman Kukuk Prusi

Baird Gagliardi LaForge Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Griffin Mathieu Sikkema

Byl Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Voorhees

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Jellema

Nays--0

In The Chair: Gire

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 1846 RS 14, entitled "Of county officers," by amending sections 107 and 117 (MCL 55.107 and 55.117), section 107 as amended by 1993 PA 96.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4066, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by amending the title, as amended by 1995 PA 289, and by adding part 28a; 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-2) previously recommended by the Committee on Education,

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

The motion prevailed.

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 second time.

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

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

House Bill No. 4117, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1988 PA 372.

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

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

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

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

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.

The bill was read a second time.

Reps. Kilpatrick and Birkholz moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"Sec. 8. This act shall supersede all local charter provisions, whether incorporated in legislative acts or local charters, which relate to the matter of conflict of interest. It is the intention that this act shall constitute the sole law in this state and shall supersede all other acts in respect to conflicts of interest relative to public contracts, involving public servants other than members of the legislature and state officers, including but not limited to subsection (3) of section 30 of Act No. 156 of the Public Acts of 1851, as amended, being section 46.30 of the Compiled Laws of 1948 1851 PA 156, MCL 46.30. THIS ACT DOES NOT PROHIBIT A UNIT OF LOCAL GOVERNMENT FROM ADOPTING AN ORDINANCE OR ENFORCING AN EXISTING ORDINANCE RELATING TO CONFLICT OF INTEREST IN SUBJECTS OTHER THAN PUBLIC CONTRACTS INVOLVING PUBLIC SERVANTS.".

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 1. (1) As used in this act:

(a) "Public servant" includes all persons serving any public entity INCLUDING JUDGES AND JUDICIAL EMPLOYEES, except members of the legislature and state officers who are within the provisions of section 10 of article IV of the state constitution as implemented by legislative act.

(b) "Public entity" means the state including all agencies thereof, any public body corporate within the state, including all agencies thereof, or any non-incorporated public body within the state of whatever nature, including all agencies thereof, AND THE COURTS OF THIS STATE.

(2) IF ANY PORTION OF THIS ACT IS FOUND BY A COURT TO BE INVALID, THE PORTION DETERMINED TO BE INVALID SHALL BE SEVERED AND SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS ACT.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 155 Yeas--53

Bankes Galloway Johnson Oxender

Birkholz Geiger Kaza Perricone

Bobier Gernaat Kukuk Raczkowski

Bodem Gilmer Law Rhead

Brackenridge Godchaux LeTarte Richner

Brewer Goschka Llewellyn Rocca

Byl Green London Schroer

Cassis Gustafson Lowe Scranton

Crissman Horton McBryde Sikkema

Cropsey Jansen McManus Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Dobb Jellema Nye Willard

Fitzgerald

Nays--48

Agee Dobronski Kelly Profit

Alley Emerson Kilpatrick Prusi

Anthony Frank LaForge Quarles

Baade Freeman Leland Rison

Baird Gagliardi Mans Schauer

Bogardus Gire Martinez Scott

Brater Griffin Mathieu Tesanovich

Brown Gubow Murphy Thomas

Callahan Hale Olshove Vaughn

Cherry Hanley Owen Wallace

Ciaramitaro Hertel Palamara Wetters

Curtis Hood Parks Wojno

In The Chair: Gire

Rep. Jaye moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 2. (1) Except as provided in sections 3 and 3a, a public servant shall not be a party, directly or indirectly, to any contract between himself or herself and the public entity of which he or she is an officer or employee.

(2) Except as provided in section 3, a public servant shall not directly or indirectly solicit any contract between the public entity of which he or she is an officer or employee and any of the following:

(a) Him or herself.

(b) Any firm, meaning a co-partnership or other unincorporated association, of which he or she is a partner, member, or employee.

(c) Any private corporation in which he or she is a stockholder owning more than 1% of the total outstanding stock of any class if the stock is not listed on a stock exchange, or stock with a present total market value in excess of $25,000.00 if the stock is listed on a stock exchange or of which he or she is a director, officer, or employee.

(d) Any trust of which he or she is a beneficiary or trustee.

(3) In regard to a contract described in subsection (2), a public servant shall not do either of the following:

(a) Take any part in the negotiations for such a contract or the renegotiation or amendment of the contract, or in the approval of the contract.

(b) Represent either party in the transaction.

(4) AS USED IN THIS ACT, "CONTRACT" INCLUDES ALL OF THE FOLLOWING:

(A) THE APPROVAL OR DISBURSEMENT OF PUBLIC FUNDS.

(B) THE EMPLOYMENT OF AN INDIVIDUAL WITH PUBLIC FUNDS.

(C) A TAX BENEFIT CONFERRED, INCLUDING A TAX REDUCTION, ABATEMENT, OR DEFERRAL.

(D) THE ISSUANCE OF BONDS THAT WILL BE PAID FOR WITH PUBLIC FUNDS.".

2. Amend page 3, following line 24, by inserting:

"Sec. 5. (1) This act is aimed to prevent public servants from engaging in certain activities and is not intended to penalize innocent persons. Therefore, no contract shall be absolutely void by reason of this act. Contracts involving prohibited activities on the part of public servants shall be voidable only by decree of a court of proper jurisdiction in an action by the public entity, which is a party thereto, as to any person, firm, corporation or trust that entered into the contract or took any assignment thereof, with actual knowledge of the prohibited activity. In the case of the corporation, the actual knowledge must be that of a person or body finally approving the contract for the corporation. All actions to avoid any contract hereunder shall be brought within 1 year after discovery of circumstances suggesting a violation of this act. In order to meet the ends of justice any such decree shall provide for the reimbursement of any person, firm, corporation or trust for the reasonable value of all moneys, goods, materials, labor or services furnished under the contract, to the extent that the public entity has benefited thereby. This provision shall not prohibit the parties from arriving at an amicable settlement.

(2) Negotiable and nonnegotiable bonds, notes or evidences of indebtedness, whether heretofore or hereafter issued BEFORE THE EFFECTIVE DATE OF THE 1997 AMENDMENTS TO THIS SECTION, in the hands of purchasers for value, shall not be void or voidable by reason of this act or of any previous statute, charter or rule of law.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 156 Yeas--52

Alley DeVuyst Jaye Middleton

Bankes Dobb Jelinek Nye

Birkholz Fitzgerald Jellema Oxender

Bobier Galloway Johnson Perricone

Bodem Geiger Kaza Raczkowski

Brackenridge Gernaat Kukuk Richner

Brewer Gilmer Law Rocca

Byl Godchaux Llewellyn Scranton

Cassis Goschka London Sikkema

Crissman Green Lowe Voorhees

Cropsey Gustafson McBryde Walberg

Curtis Horton McManus Whyman

Dalman Jansen Middaugh Willard

Nays--45

Agee Freeman Martinez Rison

Anthony Gagliardi Mathieu Schauer

Baade Gire Murphy Schroer

Baird Hale Olshove Scott

Bogardus Hanley Owen Tesanovich

Brater Hertel Palamara Thomas

Brown Hood Parks Varga

Callahan Kelly Price Vaughn

Cherry Kilpatrick Profit Wallace

Dobronski Leland Prusi Wetters

Emerson Mans Quarles Wojno

Frank

In The Chair: Gire

Rep. Jaye moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"SEC. 6A. A PUBLIC SERVANT SHALL NOT OBTAIN MANAGER, EXECUTIVE, AND OFFICER EMPLOYMENT OR ENTER INTO A CONTRACT FOR SERVICES WITH ANY ENTITY THAT RECEIVES PUBLIC FUNDING FOR A PERIOD OF 2 YEARS AFTER THE DATE OF TERMINATION OF HIS OR HER POSITION WITH A PUBLIC ENTITY THAT PROVIDES THE PUBLIC FUNDING.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 157 Yeas--54

Alley Fitzgerald Jellema Nye

Bankes Galloway Johnson Oxender

Bobier Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Gilmer Law Rhead

Brewer Godchaux LeTarte Richner

Byl Goschka Llewellyn Rocca

Cassis Green London Scranton

Crissman Gustafson Lowe Sikkema

Cropsey Hammerstrom McBryde Voorhees

Curtis Horton McManus Walberg

Dalman Jansen Middaugh Whyman

DeVuyst Jaye Middleton Willard

Dobb Jelinek

Nays--41

Agee Gagliardi Martinez Rison

Anthony Gire Mathieu Schauer

Baade Griffin Murphy Schroer

Baird Hale Olshove Scott

Bogardus Hanley Palamara Tesanovich

Brater Hertel Parks Thomas

Brown Hood Price Vaughn

Callahan Kelly Profit Wallace

Cherry LaForge Prusi Wetters

Dobronski Mans Quarles Wojno

Frank

In The Chair: Gire

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"Sec. 7. (1) Any person violating the provisions ofEXCEPT AS PROVIDED IN SUBSECTION (2), A PERSON WHO VIOLATES this act is guilty of a misdemeanor.

(2) THIS SECTION DOES NOT APPLY TO A MEMBER OF AN OFFICIAL BODY WHO HAS A PECUNIARY INTEREST IN A CONTRACT THAT THE OFFICIAL BODY HAS THE POWER TO APPROVE AND WHO FAILS TO COMPLY WITH THE DISCLOSURE REQUIREMENTS OF SECTION 3 IF, BECAUSE OF A PRIOR APPROVED ABSENCE, THE MEMBER DOES NOT ATTEND THE SESSION OF THE OFFICIAL BODY AT WHICH THE CONTRACT IS APPROVED OR DISAPPROVED.".

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

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 158 Yeas--47

Bankes Galloway Jellema Nye

Birkholz Geiger Johnson Perricone

Bobier Gernaat Kaza Raczkowski

Bodem Gilmer Kukuk Rhead

Brackenridge Godchaux Law Richner

Byl Green LeTarte Rocca

Crissman Gustafson Llewellyn Scranton

Cropsey Hammerstrom Lowe Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Walberg

Dobb Jaye Middaugh Whyman

Fitzgerald Jelinek Middleton

Nays--53

Agee Emerson LaForge Prusi

Alley Frank Leland Quarles

Anthony Freeman London Rison

Baade Gagliardi Mans Schauer

Baird Gire Martinez Scott

Bogardus Goschka Mathieu Tesanovich

Brater Griffin Murphy Thomas

Brown Gubow Olshove Varga

Callahan Hanley Owen Vaughn

Cassis Hertel Palamara Wallace

Cherry Hood Parks Wetters

Ciaramitaro Kelly Price Willard

Curtis Kilpatrick Profit Wojno

Dobronski

In The Chair: Gire

Rep. Profit 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 when the House adjourns today it stand adjourned until Tuesday, April 15, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Bobier, Freeman, Brater, Lowe, LeTarte, Middleton, Bodem, DeVuyst, Sikkema, Hammerstrom, Byl, Fitzgerald, Wetters, Dalman, Dobb, Bankes, Oxender, Martinez, Jellema, Schroer, McBryde, Kaza, Law, Mans, LaForge, Baade and Birkholz offered the following concurrent resolution:

This resolution is offered to comply with the provisions of Article 10, Section 5 of the Constitution of the State of Michigan of 1963 and requires a two-thirds vote in each house.

House Concurrent Resolution No. 33.

A concurrent resolution to designate the Jordan Valley Management Area, the Sand Lakes Quiet Area, and the Mason River Tract Management Area as lands in the state land reserve.

Whereas, The Michigan Constitution, in Article 10, Section 5, provides the legislature with general supervisory jurisdiction over all state-owned lands useful for forest preserves, game areas, and other recreational purposes. This provision permits the legislature to designate state-owned lands as part of a state land reserve. Lands designated as a state land reserve may not be removed from the reserve, sold, leased, or otherwise disposed of except by the legislature; and

Whereas, Among the lands owned by the state are three tracts with unique resource significance. These areas are known as the Jordan Valley Management Area, the Sand Lakes Quiet Area, and the Mason River Tract Management Area (also referred to as the George Mason River Retreat). Each of the three parcels is under the authority of the Department of Natural Resources within a management plan. The department promotes improvements in the forests, wildlife habitat, and recreational opportunities through the management plans; and

Whereas, The Jordan Valley, the Sand Lakes Quiet Area, and the George Mason River Retreat are subject to pressures for activities that could threaten the aims of their management plans to safeguard these areas from potential damage; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, pursuant to the provisions of Article 10, Section 5 of the Constitution of the State of Michigan of 1963, the members of the Michigan Legislature designate that all lands, in which the state holds title in fee simple absolute, in the Jordan Valley Management Area, the Sand Lakes Quiet Area, and the Mason River Tract Management Area as lands in the state land reserve. The boundaries of these tracts for purposes of state land reserve designation are as administered under management plans of the Department of Natural Resources; and be it further

Resolved, That the lands of the Jordan Valley, Sand Lakes Quiet Area, and George Mason River Retreat held in the state land reserve are to be held in fee simple title, with the state holding surface and mineral rights; and be it further

Resolved, That lands and minerals not owned by the state in the Jordan River Valley Management Area, the Sand Lakes Quiet Area, and the George Mason River Retreat be given high priority for acquisition by the Department of Natural Resources through the appropriate fund; and be it further

Resolved, That copies of this resolution be transmitted to the Natural Resources Commission.

The concurrent resolution was referred to the Committee on Forestry and Mineral Rights.

Reports of Standing Committees

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4436, entitled

A bill to co-designate a part of Michigan state highway M-85 as Matt McNeely boulevard; and to prescribe the duties of the state transportation department.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4436 To Report Out:

Yeas: Reps. Leland, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 9, 1997, at 3:07 p.m.,

Present: Reps. Leland, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Absent: Reps. Schermesser, Schauer, London,

Excused: Reps. Schermesser, Schauer, London.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 9, 1997, at 3:10 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Dobronski, Freeman, Palamara, Thomas, Varga, Llewellyn, Green, Jelinek, Law, Middaugh,

Absent: Reps. Profit, Vaughn, London, Voorhees,

Excused: Reps. Profit, Vaughn, London, Voorhees.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeHart, Chair of the Committee on Public Retirement, was received and read:

Meeting held on: Thursday, April 10, 1997, at 9:30 a.m.,

Present: Reps. Brewer, Dobronski, Mans, Rhead, Dobb, Jelinek, LeTarte,

Absent: Reps. DeHart, Griffin,

Excused: Reps. DeHart, Griffin.

Notices

Notice is hereby given that on the next legislative day I intend to move to discharge the House Committee on Tax Policy from further consideration of House Joint Resolution E.

Rep. David Jaye

Public Hearings

House Appropriations Subcommittee on Transportation

Date: Monday, April 14, 1997

Time: 11:00 a.m.

Place: Lincoln Park City Hall, Lincoln Park, Michigan

Rep. Harder

Chair

Agenda: Transportation funding from the budget stabilization fund and/or all business properly before this subcommittee

House Appropriations Subcommittee on Transportation

Date: Monday, April 14, 1997

Time: 2:00 p.m.

Place: Redford Township Hall, Redford Township, Michigan

Rep. Harder

Chair

Agenda: Transportation Funding from the Budget Stabilization Fund and any/or all bills properly before this subcommittee

Committee on Human Services and Children

Date: Friday, April 25, 1997

Time: 1:00 p.m.

Place: Genesee County Administration Building, Third Floor Auditorium, 1101 Beech Street, Flint, Michigan

Rep. LaForge

Chair

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

Communications from State Officers

The following communication from the Secretary of State was received and read:

April 1, 1997

Notice of Filing

Administrative Rules

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:10 p.m. this date, administrative rule (97-4-1) for the Department of Treasury, Higher Education Facilities Authority entitled "Educational Loans", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

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

April 9, 1997

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

Compliance Audit of Private Colleges' Enrollments

Department of Treasury

1996-97

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

Rep. Nye introduced

House Bill No. 4610, entitled

A bill to amend 1932 (1st Ex Sess) PA 40, entitled "An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 129.12).

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

Rep. Nye introduced

House Bill No. 4611, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11510 (MCL 324.11510), as amended by 1996 PA 358.

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

Rep. Griffin introduced

House Bill No. 4612, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16401 (MCL 333.16401).

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

Reps. Leland, Wallace, DeHart, Hale, Stallworth, Vaughn, Lowe, Quarles, Brewer, Kelly, Rison, Agee, Callahan, Kaza, LeTarte, Law, Emerson, Scott, Freeman, Schroer, Brater, Parks, Hood, Raczkowski, Griffin, Dobronski, Cropsey, Bobier, Geiger, Byl, Jaye, Rocca, Murphy and Schauer introduced

House Bill No. 4613, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 1993 PA 22.

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

Reps. Brown, Freeman, Schauer, Martinez, Varga, Emerson, Schroer, Mans, Parks, Agee, Tesanovich, Hanley, Schermesser, Willard, Goschka, Kelly, Bogardus, Rison, Quarles, Griffin, Brewer, Hale, Gire, Harder, Curtis, Dobronski, Wetters, Baird, DeHart, Law, Gagliardi, McBryde, Murphy, Wojno, Price, Brackenridge and LaForge introduced

House Bill No. 4614, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending section 2 (MCL 445.1562), as amended by 1983 PA 188, and by adding sections 17a and 17b.

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

Reps. DeVuyst, Goschka, Hammerstrom, LeTarte, McBryde, Jansen, Scranton, Raczkowski, Oxender, Dalman, Jelinek and Perricone introduced

House Bill No. 4615, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 1987 PA 255.

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

______

Rep. Cropsey moved that the House adjourn.

The motion prevailed, the time being 11:45 a.m.

The Associate Speaker Pro Tempore declared the House adjourned until Tuesday, April 15, at 2:00p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.