No. 5
JOURNAL OF THE HOUSE
House Chamber, Lansing, Tuesday, February 4, 1997.
2:00 p.m.
The House was called to order by the 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--excused
Bodem--present
Bogardus--present
Brackenridge--present
Brater--excused
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--excused
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--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--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--excused
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Paul Baade, from the 91st District, offered the following invocation:
"Shall we pray. We place our trust in You, God, to lead us through this day. Whatever we face in the hours or minutes ahead, we look to You for guidance and inspiration so that we may have a productive day. Remind us to smile today for we know that it may be the only encouragement someone may receive. Amen."
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Rep. Dobronski moved that Reps. Brater and Mans be excused from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Reps. Bobier and Walberg be excused from today's session.
The motion prevailed.
Rep. Gagliardi moved that Rep. Hertel be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported
House Bill No. 4177, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending sections 2, 4, and 7 (MCL 408.382, 408.384, and 408.387), section 2 as amended by 1980 PA 97, and by adding section 4b.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 26, by striking out all of section 4B.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4177 To Report Out:
Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Llewellyn, Raczkowski, Rhead,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Murphy, Chair of the Committee on Labor and Occupational Safety, was received and read:
Meeting held on: Tuesday, February 4, 1997, at 9:00 a.m.,
Present: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn, Raczkowski, Rhead.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 4, 1997, at 9:00 a.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Wojno, Nye, Cropsey, Fitzgerald, McNutt, Richner,
Absent: Reps. Dalman, Law,
Excused: Reps. Dalman, Law.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:
Meeting held on: Tuesday, February 4, 1997, at 10:00 a.m.,
Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Scranton, Voorhees,
Absent: Reps. Scott, Jaye,
Excused: Reps. Scott, Jaye.
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, Friday, January 31:
House Bill Nos. 4177 4178
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members, Monday, February 3:
House Bill Nos. 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082
4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096
4097 4098 4099 4100 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111
4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125
4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139
4140 4141
House Joint Resolutions F G
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, February 4:
House Bill Nos. 4101 4142 4143 4144 4145 4146 4147 4148
Announcements by the Clerk
Following is a listing of the schedule of Standing Committees for the 1997-1998 legislative session:
Call of the Chair House Appropriations 351 Capitol Building
Mondays 2:00 p.m. House Oversight and Ethics 424 Capitol Building
Tuesdays 9:00 a.m. Local Government 424 Capitol Building
Labor and Occupational Safety 426 Capitol Building
Human Services and Children 427 Capitol Building
Judiciary 428 Capitol Building
10:30 a.m. Health Policy 424 Capitol Building
Forestry and Mineral Rights 426 Capitol Building
12:00 noon Marine Affairs and Port Development 426 Capitol Building
3:00 p.m. or after committees are given leave by the House to meet:
Public Utilities 424 Capitol Building
Constitutional and Civil Rights 426 Capitol Building
Education 428 Capitol Building
Wednesdays 9:00 a.m. Commerce 424 Capitol Building
Tourism 426 Capitol Building
Consumer Protection 427 Capitol Building
Tax Policy 428 Capitol Building
10:30 a.m. Conservation, Environment and Recreation To be determined
Colleges and Universities 426 Capitol Building
12:00 noon Senior Citizens and Veterans Affairs 424 Capitol Building
Mental Health 426 Capitol Building
3:00 p.m. or after committees are given leave by the House to meet:
Insurance 424 Capitol Building
Advanced Technology and Computer Development 426 Capitol Building
Urban Policy and Economic Development 427 Capitol Building
Transportation 428 Capitol Building
Thursdays 8:30 a.m. Agriculture 424 Capitol Building
Corrections 426 Capitol Building
Public Retirement 427 Capitol Building
Regulatory Affairs 428 Capitol Building
By unanimous consent the House returned to the order of
Communications from State Officers
The following communication from the Automobile Theft Prevention Authority was received and read:
January 31, 1997
As chair of the Board of Directors of the Michigan Automobile Theft Prevention Authority (ATPA), I am pleased to submit our 1996 Annual Report to the House. I am proud to report that Michigan is carrying on its fight against automobile theft.
This report is in accordance with provisions of Act 174 of 1992. Copies have also been delivered to Governor Engler and the Secretary of the Senate. Furthermore, individual reports are being mailed to all members of the legislature.
If you would like additional copies, please feel free to contact the ATPA at (517) 336-6197.
Sincerely
Michael Robinson
Director
The communication was referred to the Clerk.
The following communication from the House Fiscal Agency was received and read:
February 3, 1997
This letter transmits the "Report of the Joint Legislative Work Groups on Program Assessment," which has been prepared in accordance with boilerplate in the following appropriations acts:
(ogonek) Agriculture - Section 212 of Act No. 360, Public Acts of 1996
(ogonek) Corrections - Section 207 of Act No. 371, Public Acts of 1996
(ogonek) Environmental Quality - Section 214 of Act No. 319, Public Acts of 1996
(ogonek) General Government - Sections 305, 407, 503, 716, 815 and 932 of Act No. 364, Public Acts of 1996
(ogonek) Judiciary - Section 313 of Act No. 375, Public Acts of 1996
(ogonek) Natural Resources - Section 210 of Act No. 340, Public Acts of 1996
(ogonek) Transportation - Section 214 of Act No. 341, Public Acts of 1966
These sections provide that "the work groups shall issue a report on February 1, 1997 to members of the legislature addressing basic program assessment requirements. These recommendations should include suggested measures of need and demand, work load and outcomes for each program." This report fulfills the requirements of these acts.
Thank you for your attention to this matter. If you have questions concerning this submission please call me.
Sincerely,
James J. Haag
Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Varga and Hale introduced
House Bill No. 4220, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Brackenridge, Gernaat, Gilmer, Hammerstrom, McBryde and Jelinek introduced
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.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Dobronski, Brewer, Harder, Willard, Hale, Anthony, Wetters, Schauer, Prusi, DeHart, Ciaramitaro, Varga, Schermesser, Leland, Gire, Raczkowski, Martinez, Cherry, Hanley, Goschka, Wojno, McBryde, Bogardus and Callahan introduced
House Bill No. 4222, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 18 (MCL 552.518), as amended by 1996 PA 144.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Dobronski, Brewer, Harder, Willard, Anthony, Wetters, Schauer, Prusi, DeHart, Ciaramitaro, Varga, Schermesser, Leland, Gire, Raczkowski, Martinez, Cherry, Hanley, Goschka, Wojno, Bogardus, McBryde and Callahan introduced
House Bill No. 4223, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding sections 36e and 36f.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Dobronski, Brewer, Harder, Willard, Hale, Anthony, Wetters, Prusi, DeHart, Varga, Schermesser, Leland, Gire, Raczkowski, Martinez, Cherry, Hanley, Goschka, Bogardus, McBryde, Callahan and Perricone introduced
House Bill No. 4224, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7c.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Dobronski, Brewer, Harder, Willard, Hale, Anthony, Wetters, Schauer, Prusi, DeHart, Varga, Schermesser, Leland, Gire, Raczkowski, Cherry, Hanley, Goschka, Wojno, Bogardus, McBryde and Callahan introduced
House Bill No. 4225, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 72, 83, 88, 89, 91, 110, 213, 317, 349, 520b, 520c, 520d, 529, and 530 (MCL 750.72, 750.83, 750.88, 750.89, 750.91, 750.110, 750.213, 750.317, 750.349, 750.520b, 750.520c, 750.520d, 750.529, and 750.530), section 110 as amended by 1994 PA 270, sections 520b and 520c as amended by 1983 PA 158, and section 520d as amended by 1996 PA 155, and by adding section 506b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Schauer, Freeman, Wallace, Thomas, Kilpatrick, Anthony, Schermesser, Bogardus, Rison, Hale, Wojno, Dobronski, Frank, Cherry, DeHart, Kaza, LaForge, Mathieu, Hanley, Martinez, Olshove, Ciaramitaro, Gire, Baird, Brewer, Varga, Baade, Prusi, Wetters and Callahan introduced
House Bill No. 4226, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 523 (MCL 168.523), as amended by 1996 PA 583.
The bill was read a first time by its title and referred to the Committee on Local Government.
Rep. Gubow introduced
House Joint Resolution J, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to provide that the state officers compensation commission's determination of certain salaries and expense allowances become effective only upon approval by the legislature for the following legislative session.
The joint resolution was read a first time by its title and referred to the Committee on House Oversight and Ethics.
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Rep. Kilpatrick moved that the House adjourn.
The motion prevailed, the time being 2:45 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, February 5, at 2:00p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.