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

Basham--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--excused

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--excused

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--excused

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

Rep. Andrew Richner, from the 1st District, along with his guest, Father Timothy R. Pelc, Pastor of Saint Ambrose Catholic Church, Grosse Pointe Park, offered the following invocation:

 

"Today we observe, with all of our Jewish sisters and brothers, the feast of Rosh Hashanah . . . the New Year. In synagogues throughout the State the horn is sounded, calling to mind the beginning of a brand new year as well as God's judgment on the past year. It is appropriate, then, for us to begin our prayer with a reading from the Hebrew Scriptures, from the Prophet Habakkuk:

while you will not listen;

to cry "Oppression!" in your ear

and you will not save?

Why do you set injustice before me,

why do you look on where there is tyranny?

Outrage and violence, this is all I see,

all is contention, and discord flourishes.

And so, the law loses its hold

and justice never shows itself.

Yes, the wicked man gets the better of the upright,

and so justice is seen to be distorted.

Write down the vision clearly upon the tablets

so that one can read it readily.

For the vision still has its time,

presses on to fulfillment

and will not disappoint;

If it delays, wait for it,

it will surely come, it will not be late.

The rash man has no integrity;

but the just man, because of his faith, shall live.

 

Our world is very much like that of the Prophet Habakkuk. Violence and senseless destruction are often the only news we hear. With the Jewish prophet we ask: WHY? God's answer to us centuries later is the same: 'Have faith in the vision of peace and by that faith make your dreams a reality.'

So now, let us gather our broken world into our thoughts as we pray. I would ask that after each invocation that you would join me by adding the words: 'Lord, hear our prayer.'

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

The motion prevailed.

 

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

The motion prevailed.

 

 

 

 

The Speaker laid before the House

House Concurrent Resolution No. 58.

A concurrent resolution to disapprove Executive Order 1997-12 on executive reorganization.

(For text of resolution, see House Journal No. 70, p. 1912.)

(The concurrent resolution was reported by the Committee on Labor and Occupational Safety, rules suspended for immediate consideration and concurrent resolution postponed temporarily on September 25, see House Journal No. 72, p. 1957.)

The question being on the adoption of the concurrent resolution,

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

 

 

Roll Call No. 798 Yeas--54

 

 

DeHart Hood

 

 

Nays--49

 

 

Fitzgerald

 

 

In The Chair: Hertel

 

 

House Bill No. 4447, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 4 (MCL 42.4), as amended by 1990 PA 12.

The bill was read a second time.

Rep. Hanley 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

 

 

House Bill No. 4447, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 4 (MCL 42.4), as amended by 1990 PA 12.

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

 

 

Roll Call No. 799 Yeas--103

 

 

 

 

Nays--2

 

 

Jaye Llewellyn

 

 

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, 2/3 of the members serving voting therefor.

Reps. Anthony, Baird, Bodem, Brackenridge, DeHart, DeVuyst, Frank, Gagliardi, Gernaat, Gire, Jansen, Jellema, Kaza, Kilpatrick, Kukuk, LaForge, Law, McBryde and Tesanovich were named co-sponsors of the bill.

 

 

 

 

The Speaker called the Associate Speaker Pro Tempore to the Chair.

 

 

 

 

House Bill No. 4585, 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; 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-1) previously recommended by the Committee on Local Government,

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

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

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

 

 

 

 

Rep. Cherry moved that Reps. Hertel, Gagliardi and Harder be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4585, 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; and to repeal acts and parts of acts.

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

 

 

Roll Call No. 800 Yeas--101

 

 

DeVuyst

 

 

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 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 sections 3 and 8 (MCL 15.323 and 15.328), section 3 as amended by 1984 PA 184; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

 

 

Rep. Whyman asked and obtained an excuse from the balance of today's session.

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Reps. Kaza, Goschka, McBryde, Godchaux, Cassis, Schauer, Middleton, Jaye, Perricone, Prusi, Jansen, Wetters and Raczkowski offered the following resolution:

House Resolution No. 146.

A resolution to memorialize the President and the Congress of the United States to enact the Building Efficient Surface Transportation Equity Act of 1997.

Whereas, On September 4, 1997, bipartisan legislation entitled the Building Efficient Surface Transportation Equity Act of 1997 (BESTEA) was introduced in the United States to increase and bring equity to federal spending on roads; and

Whereas, It is estimated that BESTEA will appropriate to Michigan an additional $250 million a year for transportation programs, a 50 percent increase over the current level of federal roads funding to the state. This amount would go a long way toward curing the problems of Michigan's crumbling road system; and

Whereas, As a donor state, Michigan traditionally receives only 78 cents back on each transportation dollar sent to the federal government. BESTEA will promote funding equity by assuring a true 95 percent minimum return to all donor states, including Michigan; and

Whereas, BESTEA will institute an Interstate System Reconstruction Program, focusing money specifically to the well-worn, heavily traveled I-94 in Michigan. This highway is a vital transportation link that is important within the southeastern metropolitan portion of the state, for east-west transportation across the state, and for transportation beyond the borders of the state; and

Whereas, In 1993, revenue from a 4.3 cent increase in the tax that was passed in that year was earmarked for purposes other than transportation; and

Whereas, BESTEA will redirect federal gas tax revenue back to its traditional and proper role, which is to build and repair roads; and

Whereas, Under BESTEA, flexibility will be afforded to Michigan road programs by permitting a 50 percent transfer of funds within Michigan's various federally funded highway program categories; and

Whereas, Under BESTEA, Michigan will be able to eliminate virtually all federal oversight of highway projects not related to the Interstate system, thereby allowing the state to transfer resources away from unproductive bureaucratic procedures and toward building and repairing roads; and

Whereas, BESTEA places a strong emphasis on promoting a clean environment by significantly increasing funding for the Congestion Mitigation and Air Quality Program; and

Whereas, As a state sharing an international border with Canada, a signatory of the North American Free Trade Agreement (NAFTA), Michigan is aware of the threats of extranational safety standards that do not necessarily provide the same level of safety protection as United States domestic standards. Our state welcomes the provisions of BESTEA that will target enforcement of safety standards on all trucks entering the United States; and

Whereas, To further address the safety concerns of a state impacted by the implementation of NAFTA, BESTEA will create a Border Infrastructure Program; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to enact the Building Efficient Surface Transportation Equity Act of 1997 to restore funding equity, improve road safety, and rebuild our state and nation's crumbling transportation infrastructure; and be it further

Resolved, That copies of this resolution be transmitted to the office of the President, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of Transportation, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Transportation.

 

 

Rep. Griffin offered the following concurrent resolution:

House Concurrent Resolution No. 63.

A concurrent resolution to express opposition to the Michigan Board of Dentistry's adoption of new policies in the examination and certification of dental specialists and to urge rejection of any major revisions of the examination process.

Whereas, There is considerable opposition to the Michigan Board of Dentistry Examination Committee's recommendation to implement the Northeast Examination Regional Board of Specialty Examinations (NERB) as the state examination to be required for certification as a specialist in the state of Michigan; and

Whereas, In addition, the "authority and responsibility" for the function of the Specialty Field Task Force has been transferred to the Director of the Department of Consumer and Industry Services. The Director of the Department of Consumer and Industry Services has not fulfilled the responsibility of consulting with Michigan specialists in the various fields to determine if the NERB specialty exams are substantially equivalent to those already in use in those fields; and

Whereas, Various educational experts from the dental specialist community have testified before the Board of Dentistry that the NERB examinations are not substantially equivalent to the present Michigan Speciality Examinations. Dental specialty groups in Michigan were unanimous in their opposition to the change in testing procedures; and

Whereas, Further, the one specialist field representative on the Michigan Board of Dentistry who attained the required advanced education and training beyond that required for initial licensure in his specialty field was not appointed to the Exam Committee. Additionally, members of subfields were allowed to vote on the issue, which is prohibited by section 16148 of the Public Health Code (1978 PA 368), being MCL § 333.16148; and

Whereas, Many experts believe the implementation of the NERB examination will lessen long-standing professional standards of dental care in Michigan; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature express our opposition to the Michigan Board of Dentistry's adoption of new policies in the examination and certification of dental specialists; and be it further

Resolved, That we urge the full Michigan Board of Dentistry to reject any major revisions of the Michigan Dental Specialty Examination process; and be it further

Resolved, That copies of this resolution be transmitted to the Board of Dentistry.

The concurrent resolution was referred to the Committee on Health Policy.

This resolution is offered to comply with MCL §§ 24.248 and 24.251.

Reps. Profit, Palamara, Hanley, Griffin, Wojno, Quarles and Perricone offered the following concurrent resolution:

House Concurrent Resolution No. 64.

A concurrent resolution to rescind emergency rules filed by the Department of Treasury on August 22, 1997, pertaining to the new requirement for affixing tax stamps to packages of cigarettes.

Whereas, Section 48 of the Administrative Procedures Act, 1969 PA 306, being MCL § 24.248, provides that an agency of the executive branch may, upon a proper finding of emergency, file emergency rules for the "...preservation of the public health, safety, or welfare." Under this section of law, and only for an emergency, the rules need not follow the same promulgation procedures as otherwise required by the Administrative Procedures Act. Emergency rules become effective immediately upon filing with the Secretary of State and for a period set forth in the rules not to exceed six months, unless extended as set forth in Section 48 of the act; and

Whereas, On August 22, 1997, the State Treasurer filed emergency rules with the Secretary of State, citing as the sole authority for promulgation of the rules Section 13 (2) of the Tobacco Products Tax Act, 1993 PA 327, being MCL § 205.433; and

Whereas, Implementation of a program requiring tax stamps to be affixed to packages of cigarettes is a new program not specifically authorized by 1993 PA 327; and

Whereas, MCL § 24.248(3) provides that the legislature may rescind emergency rules by concurrent resolution. Section 51 of 1969 PA 306, being MCL § 24.251, provides, in part:

Adoption of the concurrent resolution constitutes legislative

disapproval of the rule, but rejection of the resolution does

not constitute legislative approval of the rule. ; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature, pursuant to MCL §§ 24.248 and 24.251, rescinds the emergency rules filed by the Department of Treasury on August 22, 1997.

The concurrent resolution was referred to the Committee on Tax Policy.

 

 

 

 

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4355, entitled

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

With the recommendation that the bill pass.

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

 

 

 

HB 4355 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Kilpatrick, Schauer, Wojno, Nye, Cropsey, Fitzgerald, Law, McNutt, Richner,

Nays: None.

 

 

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4655, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

 

HB 4655 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Kilpatrick, Schauer, Wojno, Nye, Cropsey, Fitzgerald, Law, McNutt, Richner,

Nays: None.

 

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

Meeting held on: Tuesday, September 30, 1997, at 9:00 a.m.,

Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Willard, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Absent: Rep. Vaughn,

Excused: Rep. Vaughn.

 

 

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

House Bill No. 4929, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 40 (MCL 211.40), as amended by 1995 PA 143.

With the recommendation that the bill pass.

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

 

 

 

HB 4929 To Report Out:

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

Nays: None.

 

 

 

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

Meeting held on: Wednesday, October 1, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wetters, Wojno, Perricone, Brackenridge, Cassis, Goschka, Middleton,

Absent: Reps. Wallace, Dobb, Whyman,

Excused: Reps. Wallace, Dobb, Whyman.

 

 

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 4984, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 3 (MCL 445.113).

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.

 

 

 

HB 4984 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Freeman, Gire, Cropsey, Law,

Nays: None.

 

 

 

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, October 1, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Cropsey, Law, Perricone.

 

 

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 5083, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353e.

With the recommendation that the substitute (H-6)* be adopted and that the bill then pass.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senate Bill No. 719, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending the title and sections 4, 5, 22, 34, 36, and 41 (MCL 38.1304, 38.1305, 38.1322, 38.1334, 38.1336, and 38.1341), the title and sections 4, 22, and 34 as amended by 1996 PA 488, section 5 as amended by 1994 PA 272, section 36 as added by 1989 PA 194, and section 41 as amended by 1996 PA 278, and by adding section 113.

The Senate has passed the bill.

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

 

 

 

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, September 25:

Senate Bill No. 719

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, September 29:

Senate Bill Nos. 706 707

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, October 1:

House Bill No. 5116

 

 

 

 

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

 

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

Program of LifeWays

An agency under contract with the Department of

Community Health

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

 

 

The following communications from the Secretary of State were received and read:

 

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 11:40 A.M. this date, administrative rule (97-8-3E) for the Department of Treasury, Revenue Division, entitled "Tobacco Products Tax", effective immediately.

 

 

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 11:45 A.M. this date, administrative rule (97-8-4) for the Family Independence Agency, Family Services Administration, entitled "Family Independence Program", effective 15 days hereafter.

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 11:48 A.M. this date, administrative rule (97-8-5) for the Family Independence Agency, Family Services Administration, entitled "Child Day Care Program", effective 15 days hereafter.

 

 

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 11:50 A.M. this date, administrative rule (97-8-6) for the Family Independence Agency, Family Services Administration, entitled "Food Stamp Program", effective 15 days hereafter.

 

 

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 11:52 A.M. this date, administrative rule (97-8-7) for the Family Independence Agency, Family Services Administration, entitled "Employment and Training Program", effective 15 days hereafter.

 

 

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 4:58 P.M. this date, administrative rule (97-8-8E) for the Department of State, Bureau of Elections, entitled "Campaign Financing", effective immediately.

 

 

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 4:59 P.M. this date, administrative rule (97-8-9) for the Department of Agriculture, Food Division, entitled "Dispensing Facility Reid Vapor Pressure", effective 15 days hereafter.

The communications were referred to the Clerk.

 

 

 

 

Rep. Brackenridge introduced

House Bill No. 5209, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1804, 1809, and 1812 (MCL 339.1804, 339.1809, and 339.1812).

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

 

 

Reps. Profit, Brackenridge and Palamara introduced

House Bill No. 5210, entitled

A bill to amend 1979 PA 101, entitled "An act to implement section 29 of article 9 of the state constitution of 1963; to provide a state disbursement to local units of government for costs required to administer or implement certain activities or services required of local units of government by the state; to prescribe the powers and duties of certain state agencies and public officers in relation thereto; and to provide for the administration of this act," by amending section 10 (MCL 21.240).

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

Reps. Profit, Wallace, Varga, Thomas, Kilpatrick, Leland, Murphy, Stallworth, Hale and Vaughn introduced

House Bill No. 5211, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 1996 PA 242.

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

 

 

Rep. Profit introduced

House Bill No. 5212, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 1, 4a, and 9 (MCL 205.51, 205.54a, and 205.59), section 1 as amended by 1995 PA 209, section 4a as amended by 1996 PA 435, and section 9 as amended by 1991 PA 87.

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

 

 

Rep. Profit introduced

House Bill No. 5213, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 4, and 10 (MCL 205.92, 205.94, and 205.100), section 2 as amended by 1995 PA 208, section 4 as amended by 1996 PA 436, and section 10 as amended by 1993 PA 263.

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

 

 

Rep. Brackenridge introduced

House Bill No. 5214, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, 6, 11a, 503, 513, 616, 617, 661, 662, 681, 687, 690, 701, 702, 705, 861, 931, 1024, 1031, 1052, 1053, 1057, 1058, 1103, 1212, 1216, 1351, 1451, and 1722 (MCL 380.4, 380.5, 380.6, 380.11a, 380.503, 380.513, 380.616, 380.617, 380.661, 380.662, 380.681, 380.687, 380.690, 380.701, 380.702, 380.705, 380.861, 380.931, 380.1024, 380.1031, 380.1052, 380.1053, 380.1057, 380.1058, 380.1103, 380.1212, 380.1216, 380.1351, 380.1451, and 380.1722), sections 5, 6, 503, 513, 687, and 690 as amended and sections 11a and 1031 as added by 1995 PA 289, section 617 as amended by 1989 PA 268, section 662 as amended by 1982 PA 369, sections 681, 705, and 1451 as amended by 1994 PA 258, sections 1052 and 1057 as amended by 1992 PA 263, section 1053 as amended by 1993 PA 9, section 1212 as amended by 1993 PA 312, section 1216 as amended by 1992 PA 236, and section 1351 as amended by 1990 PA 352.

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

 

 

Reps. Brown, Gire, Kilpatrick, Callahan, Goschka, LaForge, Palamara, Schauer, Hanley, Kelly, Martinez, Leland, Baird, Agee, Gubow, DeHart, Bogardus, Schermesser and Thomas introduced

House Bill No. 5215, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1531 (MCL 380.1531), as amended by 1995 PA 289.

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

 

 

Reps. Brown, Kilpatrick, Callahan, Tesanovich, Goschka, LaForge, Brater, Palamara, Schauer, DeHart, Hanley, Martinez and Schermesser introduced

House Bill No. 5216, entitled

A bill to regulate certain practices relating to telemarketing, sweepstakes promotions, and buying clubs; and to provide for remedies and penalties.

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

 

 

Reps. Dalman, Nye, McBryde, Cropsey, Jelinek, Gernaat, Walberg, Goschka, Horton, Jansen and Raczkowski introduced

House Bill No. 5217, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending sections 6, 7, 13, and 19 (MCL 552.6, 552.7, 552.13, and 552.19) and by adding sections 1a, 5, 5a, 5b, 5c, 6a, 6b, and 8.

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

Reps. Schroer and Baird introduced

House Bill No. 5218, entitled

A bill to regulate certain fitness center contracts.

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

 

 

Rep. DeHart introduced

House Bill No. 5219, entitled

A bill to amend 1994 PA 358, entitled "An act to regulate the possession of ferrets; to provide for the licensing of ferrets; to provide for requirements for importation and rabies control procedures for ferrets; to provide for the powers and duties of certain governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 2 (MCL 287.892).

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

 

 

Reps. Nye and Walberg introduced

House Bill No. 5220, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8112 (MCL 600.8112).

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

 

 

 

 

Rep. Cherry moved that Reps. Gubow, Callahan and Dobronski be excused temporarily from today's session.

The motion prevailed.

 

Rep. Cropsey moved that Reps. Jaye and Walberg be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

Roll Call No. 801 Yeas--94

 

 

DeHart Johnson

 

 

In The Chair: Gire

 

 

 

 

The Speaker resumed the Chair.

 

Rep. Gustafson moved that Rep. Green be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 174, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

 

 

 

 

1. Amend page 1, line 1, by striking out all of section 101 and inserting:

"Sec. 101. There is appropriated for the state transportation department and certain state purposes designated in this act for the fiscal year ending September 30, 1998, from the following funds:

STATE TRANSPORTATION DEPARTMENT

APPROPRIATION SUMMARY:

DEBT SERVICE

INTERDEPARTMENT & STATUTORY CONTRACTS

EXECUTIVE DIRECTION

ADMINISTRATIVE SERVICES

BUREAU OF FINANCE AND ADMINISTRATION

BUREAU OF TRANSPORTATION PLANNING

BUREAU OF HIGHWAYS

HIGHWAY MAINTENANCE

ROAD AND BRIDGE PROGRAMS

BLUE WATER BRIDGE

TRANSPORTATION ECONOMIC DEVELOPMENT FUND

BUREAU OF AERONAUTICS

BUREAU OF URBAN & PUBLIC TRANSPORTATION

BUS TRANSIT DIVISION: STATUTORY OPERATING

INTERCITY PASSENGER AND FREIGHT

PUBLIC TRANSPORTATION DEVELOPMENT

EARLY RETIREMENT

2. Amend page 11, following line 23, by striking out all of section 102.

3. Amend page 12, line 2, by striking out all of section 201 and inserting:

"Sec. 201. (1) In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1997-1998 is estimated at $1,891,193,700.00 and state sources paid to local units of government for fiscal year 1997-1998 are estimated at $1,066,658,200.00. The itemized list below identifies appropriations from which spending to units of local government will occur:

4. Amend page 14, following line 25, by inserting:

"Sec. 207. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $240,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

5. Amend page 15, line 17, by striking out all of section 211 and inserting:

"Sec. 211. The negative appropriation in section 101 for early retirement compensation savings represents savings from the state's 1997 early retirement program. Not later than October 15, 1997, the department and the state budget director shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefits savings to the appropriated line items affected by the early retirement of state employees.".

6. Amend page 17, following line 18, by striking out all of section 218.

7. Amend page 18, line 5, after "council" by inserting a comma and "but each senator shall receive 2 times the number of maps of each representative".

8. Amend page 19, line 23, by striking out all of section 310 and inserting:

"Sec. 310. The department shall continue its efforts to privatize functions that can be efficiently and effectively performed by the private sector. Efforts shall include, but not be limited to, airports, roads, bridges, maintenance, rest areas, and other areas that would result in a savings to the state. The department shall also develop a strategy for privatizing ownership of limited access highways. The department shall provide a written report to the house and senate appropriations subcommittees on transportation by December 31 of each year, listing functions that have been reviewed for privatization and estimated savings.".

9. Amend page 24, line 9, by striking out all of sections 318 and 319 and inserting:

"Sec. 318. From funds appropriated in section 101 for federal aid and road and bridge construction, the department shall provide funding for the proposed soundwall on I-696 in Southfield, including the proposed extension to Inkster Road as well as the proposed type II soundwall on I-94 between Martin and Little Mack in Roseville.".

10. Amend page 25, following line 10, by striking out all of sections 322 and 323.

11. Amend page 25, following line 10, section 324, after "beyond" by striking out "a first term demonstrate cost savings in that first term" and inserting "36 months demonstrate cost savings in that 36-month period".

12. Amend page 26, line 1, by striking out all of section 402 and inserting:

"Sec. 402. Of the amount appropriated in section 101, between 23% and 27% of federal aid to highways shall be allocated to federal aid programs administered by the department for local jurisdictions. The funds shall be distributed to eligible local agencies for transportation purposes in a manner consistent with state and federal law. The allocation to programs for local jurisdictions shall be calculated from the overall federal aid made available to this state from the highway account of the federal highway trust fund, minus funds that are specifically allocated at the federal level to local or state jurisdictions and funds allocated by the department to state and local jurisdictions through a competitive process. The federal aid excluded from the calculation of funding to programs for local jurisdictions includes, but is not limited to, congestion, mitigation, and air quality funds, transportation enhancement funds, funds distributed at the discretion of the U.S. secretary of transportation, and congressionally designated funds. It is the intent of the legislature that federal aid to highways be distributed in a manner that produces on average a 25% allocation of applicable funds to programs for local jurisdictions.".

13. Amend page 26, line 13, by striking out all of section 403.

14. Amend page 32, following line 10, by inserting:

"Sec. 508. Of the amounts appropriated in section 101 from the Michigan transportation fund to the department of state, $9,282,000.00 represents the cost of establishing a new commemorative license plate for 1998 pursuant to section 225 of the Michigan vehicle code, 1949 PA 300, MCL 257.225.".

15. Amend page 32, line 16, by striking out all of sections 509 and 510.

16. Amend page 33, line 12, by striking out all of section 603.

17. Amend page 33, line 22, after "freeway" by inserting "provided that repayment of the amount appropriated is pledged to be paid to the department for highway maintenance from private funds within 6 months after the appropriation is made".

18. Amend page 33, following line 22, section 605, after "corridor." by striking out the balance of the section.

19. Amend page 33, following line 22, by striking out all of sections 608 and 609 and inserting:

"Sec. 610. Any local road construction project currently underway as the result of cooperation and shared costs between a city and a county shall continue unabated regardless of any funding changes brought on by this act.".

20. Amend page 35, line 14, after "county," by inserting "the suburban mobility authority for regional transportation,".

21. Amend page 35, line 15, after "sector." by striking out the balance of the section.

22. Amend page 44, line 8, after "December 31, 1996" by inserting a comma and "including the Eastern Upper Peninsula Transportation Authority and the Beaver Island Transportation Authority,".

23. Amend page 44, following line 17, following section 714, by inserting:

"Sec. 716. For the fiscal year ending September 30, 1998, each eligible authority and each eligible governmental agency which provides public transportation services in urbanized areas with a Michigan population of less than or equal to 100,000 and nonurbanized areas under section 5311 of title 49 of the United States Code, 49 U.S.C. 5311, shall receive a grant of up to 60% of its eligible operating expenses. Each eligible authority and each eligible government agency which provides public transportation services in urbanized areas with a Michigan population of greater than 100,000 under section 5311 of title 49 of the United States Code, 49 U.S.C. 5311, shall receive a grant of up to 50% of its eligible operating expenses. If funds appropriated in section 101 for local bus operating are not sufficient to fulfill this requirement, sufficient funds appropriated for public transportation development discretionary may be used for this purpose.

24. Amend page 45, line 1, by striking out all of section 802.

 

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The question being on the adoption of the conference report,

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

 

 

Roll Call No. 802 Yeas--86

 

 

Dalman Johnson

 

 

Hale Thomas

 

 

In The Chair: Hertel

 

 

 

 

Rep. Kilpatrick, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

Dear Mr. Speaker & House Colleagues I voted no on Record Roll Call #802 for the folling reason. In the heat of the negotiations on the Gas Tax issue an agreement was made between myself along with a few other colleagues and Governor Engler appointees as well as other House members. The agreement would have allocated funds to my districts and surrounding districts for specific much needed transit programs. This language was not in the final package after assurance was given to me that it would be. I could not possibly support a negotiation that totally ignored and rejected, the much needed financial support of the people that I was sent here to represent."

 

Rep. Thomas, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

Mr. Speaker, with much regret I am compelled to vote no on the transportation budget conference report, record roll call 802. My support of this legislation and my support of the comprehensive transportation package containing the gas tax increase of July, 1997 was conditioned on the inclusion of a provision returning unreserved CTF funds to local governments for discretionary spending. This provision was removed from the conference report and I believe results in the loss of as much as $20 million for the city of Detroit. This money was critical to the continued well being of my district, and the safety of my constituents."

 

 

 

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, October 7, at 2:00 p.m.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Reps. Parks, Wallace, Hood, Agee, Hanley, Palamara, Price, Callahan, Brown, Tesanovich, Hale, Kilpatrick, Rison, Frank, Brewer, Murphy, Quarles, Thomas, Vaughn, Dobronski, Wetters, Olshove, Baird, Martinez, Leland, Mathieu, Freeman, Anthony, LaForge, Harder, London, Cherry, Varga, Brater, Bankes, Sikkema, Dalman, Dobb, Oxender, Middleton, McBryde and Hertel offered the following resolution:

House Resolution No. 147.

A resolution of tribute honoring the life of Congressman George W. Crockett, Jr.

Whereas, It was with deep sadness that we learned of the passing of Congressman George W. Crockett, Jr., a dedicated public servant and caring person who enriched many lives. With genuine respect for his legacy of accomplishments, we join with the community in extending our condolences to his family and many friends. He will be sincerely missed and long remembered; and

Whereas, Congressman Crockett's judicial and ethical achievements made him a legendary figure in his own time. His name evokes the respect, the approbation and the enthusiasm of people in all walks of life, in all parts of the country and in many countries of the world. This devotion by the people, this respect by his colleagues and this recognition of his accomplishment have come only after many trials and many battles; and

Whereas, His distinguished career has included service with the U.S. Department of Labor where he was Senior Attorney, then the highest ranking Black lawyer in the federal government. He was a Hearings Commissioner on President Roosevelt's Committee on Fair Employment Practices, Founder of the UAW-CIO Fair Practices Committee from 1944-46; Administrative Assistant to the International Secretary-Treasurer of the UAW-CIO from 1946-47 and Associate General Counsel of the UAW-CIO in 1947. In 1971, he was elected the first President of the Judicial Council of the National Bar Association. He has had many articles published in legal periodicals including the Michigan Law Review, Judicature, the American Scholar, and the National Bar Journal, and cited with approval by state and federal courts. Included in his writings are analyses of the criminal justice in China, where he visited twice; and

Whereas, For fifteen years he was a member of one of Detroit's most distinguished law firms, Goodman, Crockett, Eden and Robb, the first in the nation to have an integrated partnership. In 1949, as a member of the law firm, he joined the legal defense team representing communist leaders indicted under the Smith Act. The spirited defense by the five attorneys who refused to remain silent when they believed the federal judge was riding roughshod over their clients' rights brought each of them contempt sentences, and he served four months in a federal penitentiary. In 1964, he responded to the desperate need of the civil rights fighters in the South. In 1966, he was elected to Detroit's Recorders Court. In 1969, the New Bethel incident became one of his most memorable and historic judicial contributions. A violent confrontation between police and a meeting of black activists erupted in the shooting of two police, followed by massive police retaliation with gun fire into the interior of the New Bethel Church and the wholesale arrest of nearly 150 men, women and children. His swift action in holding immediate hearings led to the release of those incarcerated overnight. He applied the constitutional protections to those before his court, and he made the system work; now, therefore, be it

Resolved by the House of Representatives, That we offer our words of praise as a memorial for Congressman George W. Crockett, Jr. May his family find comfort in their faith and their memories of this fine man and his distinguished career; and be it further

Resolved, That a copy of this resolution be transmitted to his family as evidence of our deepest sympathy.

Pending the reference of the resolution to a committee,

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

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted, a majority of the members serving voting therefor.

 

 

 

 

Rep. Emerson moved that the House adjourn.

The motion prevailed, the time being 5:00 p.m.

 

The Speaker declared the House adjourned until Tuesday, October 7, at 2:00 p.m.