hj01228t.004

No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, January 22, 1998.

10:00 a.m.

The House was called to order by Acting Speaker Hanley.

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--excused

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--excused

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

Jelinek--present

Jellema--present

Johnson--excused

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--excused

LeTarte--present

Llewellyn--excused

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--excused

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--e/d/s

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--excused

Willard--present

Wojno--present

e/d/s = entered during session

Rep. William Byl, from the 75th District, offered the following invocation:

"I would like to begin by reading a few verses from Psalm 90 which is normally known as the birthday psalm but it is an appropriate beginning as we look ahead into the new year. 'Lord, Thou hast been our dwelling place in all generations. Before the mountains were brought forth, before Thou hadst formed the earth and the world, even from everlasting to everlasting, Thou art God. For a thousand years in Thy sight is but as yesterday when it is past. The days of our years are threescore years and ten; or if by reason of strength they be fourscore years, yet it is strength and sorrow for the years are soon cut off, and we fly away. So teach us to number our days, that we may apply our hearts unto wisdom. Satisfy us early with Thy mercy; that we may rejoice and be glad all our days. Let Thy work appear to Thy servants, and Thy glory unto their children and may the beauty of the Lord our God be upon us. Establish Thou the work of our hands upon us; yea, the work of our hands establish Thou it.'

Shall we pray: Our God we come before you as we being the work of this day to ask that your blessing rest upon this body. We thank You for your faithfulness throughout the years. As we mark the passing of another year, we ask that You bless the work that we did well and forgive what we did poorly and turn it to good. As we look ahead to a new year with all its challenges we ask that Your favor rest upon this the peoples house and remind us that we are Your agents in this world to do what is good and to restrain what is evil. Grant us civility in our discourse, humility in our dealings with each other, and may the words of our mouths and the meditations of our hearts be acceptable in Your sight. O Lord our rock and our redeemer. Amen."

______

Rep. Dobronski moved that Rep. Emerson be excused from today's session.

The motion prevailed.

Rep. Dobronski moved that Rep. Murphy be excused from today's session due to a death in his family.

The motion prevailed.

Rep. Hammerstrom moved that Reps. Bankes, Llewellyn, McManus, Whyman and Johnson be excused from today's session.

The motion prevailed.

Notices

January 22, 1998

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, 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

Second Reading of Bills

House Bill No. 4475, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13101 and 13102 (MCL 333.13101 and 333.13102), as added by 1996 PA 223, and by adding sections 13104, 13105, 13106, 13107, 13108, and 13109.

The bill was read a second time.

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

1. Amend page 7, line 7, after "IN" by striking out "SECTION 13103" and inserting "SECTIONS 13103 AND 13110".

2. Amend page 7, following line 11, by inserting:

"SEC. 13110. A PERSON SHALL NOT GIVE OR SELL TO A MINOR A BODY PIERCING DEVICE OR BODY PIERCING KIT. A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A CIVIL INFRACTION AND SUBJECT TO A FINE OF NOT MORE THAN $500.00.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Hale moved to amend the bill as follows:

1. Amend page 1, following line 9, by inserting:

"(E) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES." and relettering the remaining subdivisions.

2. Amend page 5, line 25, after "DEPARTMENT" by striking out the balance of the subdivision and inserting a period.

3. Amend page 6, line 21, by striking out all of subdivision (C).

4. Amend page 6, line 24, by striking out all of subsection (3) and renumbering the remaining subsection.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Hale 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. 4475, 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. 19 Yeas--78

Agee DeVuyst Jelinek Raczkowski

Anthony Dobronski Jellema Rison

Baade Fitzgerald Kelly Rocca

Baird Freeman Kilpatrick Schauer

Basham Gagliardi Kukuk Schermesser

Birkholz Galloway LaForge Schroer

Bobier Geiger Law Scott

Bodem Gire LeTarte Scranton

Bogardus Godchaux Mans Sikkema

Brackenridge Goschka Mathieu Stallworth

Brater Griffin McBryde Tesanovich

Brewer Gubow Olshove Thomas

Brown Gustafson Oxender Varga

Byl Hale Parks Vaughn

Callahan Hammerstrom Perricone Voorhees

Cassis Hanley Price Wallace

Cherry Harder Profit Wetters

Ciaramitaro Hood Prusi Willard

Curtis Horton Quarles Wojno

DeHart Jansen

Nays--21

Alley Gernaat London Nye

Crissman Gilmer Lowe Owen

Cropsey Green McNutt Rhead

Dalman Hertel Middaugh Richner

Dobb Kaza Middleton Walberg

Frank

In The Chair: Hanley

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

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

The motion prevailed.

The House agreed to the title as amended.

Reps. Bobier, Kilpatrick, McBryde, Profit and Voorhees were named co-sponsors of the bill.

Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

The bill would amend the state Public Health Code to create a tattoo parlor facility license, establish license fees, regulate tattoo facilities and establish penalties for violations. Specifically, the bill would do the following:

Tattoo Parlor Facility License: 'Applications for a license would have to be made on a form provided by the department and accompanied by $250 for an initial license, $200 for a one-year renewal license, and $50 for a temporary license to operate a facility at a fixed location for not more than a two-week period,' according to an analysis prepared by the non-partisan House Legislative Analysis Section.

Licensees: 'The owner or operator . . . would have to ,' among other requirements, 'ensure that a person wears department-approved disposable gloves when doing tattooing (and) . . . maintain a permanent record of each individual receiving a tattoo, brand, or body-piercing that includes, at a minimum, the person's name, address, age, and signature; the date; design and location of the tattoo, brand or body-piercing . . . (and) prohibit smoking within the facility.'

Licensure statutes generally tend to be promoted, the analysis notes, by those in the affected profession, and act as economic protectionism against competition within their profession. If you operate a business that faces growing competition you should be forced to answer that competition through the free market. You should not have the option of going to the government and using the state legislature to restrict competition as this bill would do. Some tattoo parlors provide better services than others; customers on the free market should make that decision, not state government in Lansing.

There is another issue to consider: liberty. This bill is an attack on the freedom of law-abiding American citizens to purchase a tattoo, a form of art, if they so desire. We are not talking about minors, but adults. Adults in a free society should have the liberty to purchase a tattoo or body art even if that meets with the disapproval of self-styled; indeed, self-appointed, arbiters of taste. This legislation attacks the liberty of adults to choose and should be rejected for that reason."

______

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

Rep. Palamara entered the House Chambers.

Second Reading of Bills

House Bill No. 5315, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 18 (MCL 205.18), as added by 1980 PA 162.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) 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.

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. 5315, 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. 20 Yeas--97

Agee Dobronski Jellema Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kilpatrick Raczkowski

Baade Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Basham Galloway Law Rison

Birkholz Geiger LeTarte Rocca

Bobier Gernaat London Schauer

Bodem Gilmer Lowe Schermesser

Bogardus Gire Mans Schroer

Brackenridge Godchaux Martinez Scott

Brater Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Griffin McNutt Stallworth

Callahan Gubow Middaugh Tesanovich

Cassis Gustafson Middleton Thomas

Cherry Hammerstrom Nye Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Voorhees

Cropsey Hertel Palamara Walberg

Curtis Hood Parks Wallace

Dalman Horton Perricone Wetters

DeHart Jansen Price Willard

DeVuyst Jelinek Profit Wojno

Dobb

Nays--1

Kaza

In The Chair: Hanley

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. Alley, Baade, Birkholz, Bodem, Bogardus, Cassis, DeVuyst, Gagliardi, Goschka, Hanley, Horton, Jelinek, Jellema, Kelly Kukuk, London, Middaugh, Parks, Richner, Rocca, Scott, Varga, Vaughn and Voorhees were named co-sponsors of the bill.

______

Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

'Dynamic forecasting' is a euphemism for econometrics, i.e., mathematical economics that purports to predict the future using modeling.

Econometrics is not necessary to more accurately forecast the impact of economic events on state revenues. One does not need to spend $400,000 to $800,000 of taxpayer dollars initially, along with ongoing costs of $100,000 to $200,000 of taxpayer dollars, as this bill would. Rather, one needs a sound understanding of economic principles, real-world experience and the ability to reason deductively. In brief, this legislation is not necessary to more accurately forecast state revenues.

There is a far more compelling reason to reject this legislation: econometrics is an inaccurate science that has little relevance in the real world. The modelers are always forced to change their models, which are never completely accurate, in response to real-world economic developments. A move in interest rates, or commodity prices, or any one of dozens of economic variables can render an econometric model irrelevant overnight. The supporters of this bill are asking the taxpayers of Michigan to pay for what is, at best, a guess, albeit by academics with Ph.D's in Economics.

If econometric models are so accurate why don't the modelers use them in the financial markets to reap profits? There are many worthy charities that would benefit from such an occurrence. The answer, of course, is that no modeler can use econometrics to reap this kind of benefit because their "science" is, in the final analysis, pretend and virtually worthless except to those gullible enough to pay millions for it."

Second Reading of Bills

House Bill No. 5300, entitled

A bill to amend 1996 PA 522, entitled "The Michigan biologic products institute transfer act," by amending the title and sections 3 and 9 (MCL 333.26333 and 333.26339) and by adding sections 3a and 3b.

(The bill was read a second time and postponed temporarily on December 9, 1997, see House Journal No. 95, p. 2537.)

The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Ethics,

Rep. Gilmer moved to withdraw his demand for the yeas and nays.

The motion prevailed.

The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Ethics,

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

Rep. Brewer moved to substitute (H-7) the bill.

The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 10, line 4, after "(1)" by striking out "AND THE INDEPENDENT APPRAISAL REQUIRED PRIOR TO THE COMMISSION'S RECOMMENDATION OF THE TRANSFER UNDER SUBSECTION (8),".

2. Amend page 10, line 22, by striking out all of subsection (8).

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 21 Yeas--46

Birkholz Galloway Jellema Perricone

Bobier Geiger Kukuk Profit

Bodem Gernaat Law Raczkowski

Brackenridge Gilmer LeTarte Rhead

Byl Godchaux London Richner

Cassis Goschka Lowe Rocca

Crissman Green McBryde Schroer

Cropsey Gustafson McNutt Scranton

Dalman Hammerstrom Middaugh Sikkema

DeVuyst Horton Middleton Voorhees

Dobb Jansen Nye Walberg

Fitzgerald Jelinek

Nays--51

Agee DeHart Kelly Rison

Alley Dobronski Kilpatrick Schauer

Anthony Frank LaForge Schermesser

Baade Freeman Mans Scott

Baird Gagliardi Martinez Stallworth

Basham Gire Mathieu Tesanovich

Bogardus Griffin Olshove Thomas

Brater Hale Owen Varga

Brewer Hanley Palamara Vaughn

Brown Harder Parks Wallace

Callahan Hertel Price Willard

Cherry Hood Prusi Wojno

Ciaramitaro Kaza Quarles

In The Chair: Hanley

______

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

"Mr. Speaker and members of the House:

Remarks about 'terrorism' were made today, in the context of 'national security,' by individuals who should know better than to rely on administrators and staffers who are not qualified to speak on this subject.

On Nov. 28, 1986, the Federal Bureau of Investigation added Thomas George Harrelson to its 'Ten Most Wanted' list of fugitives for bank robbery. Harrelson, a domestic terrorist with ties to the neo-Nazi Aryan Nations is currently serving a 34-year federal prison term at the Florence, Colo. FCI for nine bank robberies, including three that were committed within 50 miles of Lansing.

My remarks are addressed to those administrators and staffers who have raised the issue today of 'terrorism' and 'national security': Where were you when Thomas George Harrelson, a convicted bank robber and domestic terrorist, was wreaking his violence in the state of Michigan? And where have you been, if you are sincere in your concern about 'terrorism,' since it was revealed publicly last year that Harrelson was renting office space one block from the Michigan State Capitol under an assumed name, an alias! If you are sincere you will seek the answer to this question: Why was a domestic terrorist renting a high-priced office one block from the Michigan State Capitol at a time he was being hunted as a "Top Ten" fugitive by the FBI.

Domestic terrorism by paramilitary groups of the right has been an issue of concern since the early 1980's. For nearly two decades these groups have murdered, enemies with a campaign of violence that has troubled those intelligence community, i.e., the real experts on terrorism.

To use the term "terrorism" as it has been used today is to deny the significance and danger presented by the real terrorists in our midst, the Thomas George Harrelson's and their ilk in the order/Aryan Nations. To equate the privatization of a state laboratory with this issue is an insult to the victims of terrorism and those who have been threatened by these groups.

The staffers and administrators who have raised this issue today contemplate "a wilderness of mirrors" that they cannot begin to understand."

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 10, line 19, by striking out all of lines 19 through 21 and renumbering the remaining subsection.

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 22 Yeas--45

Birkholz Galloway Jelinek Middleton

Bobier Geiger Jellema Nye

Bodem Gernaat Kaza Perricone

Brackenridge Gilmer Kukuk Raczkowski

Byl Godchaux Law Rhead

Cassis Goschka LeTarte Richner

Crissman Green London Rocca

Cropsey Gustafson Lowe Scranton

Dalman Hammerstrom McBryde Sikkema

DeVuyst Horton McNutt Voorhees

Dobb Jansen Middaugh Walberg

Fitzgerald

Nays--54

Agee DeHart LaForge Schauer

Alley Dobronski Mans Schermesser

Anthony Frank Martinez Schroer

Baade Freeman Mathieu Scott

Baird Gagliardi Olshove Stallworth

Basham Gire Owen Tesanovich

Bogardus Griffin Palamara Thomas

Brater Gubow Parks Varga

Brewer Hale Price Vaughn

Brown Hanley Profit Wallace

Callahan Harder Prusi Wetters

Cherry Hood Quarles Willard

Ciaramitaro Kelly Rison Wojno

Curtis Kilpatrick

In The Chair: Hanley

Reps. Gilmer and Cropsey moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Reps. Gilmer and Cropsey,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Reps. Gilmer and Cropsey,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 23 Yeas--44

Birkholz Fitzgerald Jansen Middleton

Bobier Galloway Jelinek Nye

Bodem Geiger Jellema Perricone

Brackenridge Gernaat Kukuk Raczkowski

Byl Gilmer Law Rhead

Cassis Godchaux LeTarte Richner

Crissman Goschka London Rocca

Cropsey Green Lowe Scranton

Dalman Gustafson McBryde Sikkema

DeVuyst Hammerstrom McNutt Voorhees

Dobb Horton Middaugh Walberg

Nays--52

Agee DeHart Kelly Quarles

Alley Dobronski Kilpatrick Rison

Anthony Frank LaForge Schauer

Baade Freeman Mans Schermesser

Baird Gagliardi Martinez Scott

Basham Gire Mathieu Stallworth

Bogardus Griffin Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Wallace

Cherry Hood Profit Willard

Curtis Kaza Prusi Wojno

In The Chair: Hanley

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 10, line 4, after "(1)" by striking out the balance of the line through "(8)" on line 6.

2. Amend page 10, line 22, after "(8)" by striking out the balance of the subsection and inserting "THE GOVERNING BOARDS OF THE HOUSE AND SENATE FISCAL AGENCIES SHALL EACH APPOINT A PERSON TO MONITOR THE PROGRESS AND REVIEW THE RESULTS OF THE INDEPENDENT OPINION REQUIRED UNDER SECTION 5(4).".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Brewer 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. 5300, 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. 24 Yeas--98

Agee Fitzgerald Kaza Prusi

Anthony Frank Kelly Quarles

Baade Freeman Kilpatrick Raczkowski

Baird Gagliardi Kukuk Rhead

Basham Galloway LaForge Richner

Birkholz Geiger Law Rison

Bobier Gernaat LeTarte Rocca

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Nye Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Voorhees

Cropsey Hertel Palamara Walberg

Curtis Hood Parks Wallace

Dalman Horton Perricone Wetters

DeVuyst Jansen Price Willard

Dobb Jelinek Profit Wojno

Dobronski Jellema

Nays--0

In The Chair: Hanley

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 1996 PA 522, entitled "The Michigan biologic products institute transfer act," by amending the title and sections 3 and 5 (MCL 333.26333 and 333.26335) and by adding sections 3a and 3b.

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. 4425, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Gilmer moved to substitute (H-3) the bill.

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

Rep. Hood moved to amend the bill as follows:

1. Amend page 1, line 5, by striking out all of lines 5 and 6.

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

Rep. Hood 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. 4425, 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. 25 Yeas--100

Agee Dobb Jelinek Profit

Alley Dobronski Jellema Prusi

Anthony Fitzgerald Kaza Quarles

Baade Frank Kelly Raczkowski

Baird Freeman Kilpatrick Rhead

Basham Gagliardi Kukuk Richner

Birkholz Galloway LaForge Rison

Bobier Geiger Law Rocca

Bodem Gernaat LeTarte Schauer

Bogardus Gilmer London Schermesser

Brackenridge Gire Lowe Schroer

Brater Godchaux Mans Scott

Brewer Goschka Martinez Scranton

Brown Green Mathieu Sikkema

Byl Griffin McBryde Stallworth

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Ciaramitaro Hammerstrom Nye Vaughn

Crissman Hanley Olshove Voorhees

Cropsey Harder Owen Walberg

Curtis Hertel Palamara Wallace

Dalman Hood Parks Wetters

DeHart Horton Perricone Willard

DeVuyst Jansen Price Wojno

Nays--0

In The Chair: Hanley

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 make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.

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.

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, January 27 at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Alley, Cropsey, Middleton, Baade, Freeman, Wetters and Geiger offered the following resolution:

House Resolution No. 199.

A resolution to call on the Public Service Commission to hold hearings immediately on electricity rates in Michigan.

Whereas, The cost of electricity is a vital component in determining the quality of life in our state for both individuals and businesses. How electric utility rates are determined and monitored is an issue that demands the close scrutiny of the public, the involvement of utility providers, and the participation of customers; and

Whereas, Formal complaints of excess rate charges by Detroit Edison and Consumers Energy are on file with the Public Service Commission. These actions allege unfair practices in how the rates are set by these two principal electric utility companies operating in Michigan. The complaints have been filed by representatives of several of the largest businesses and employers in Michigan; and

Whereas, The complaints (Case No. U-11495 involving Detroit Edison and Case No. U-11569 against Consumers Energy) list several allegations of excessive rates based on invalid assumptions and calculations. Several key factors used by the Public Service Commission to set rates are substantially different than when the rates were set. This should have altered the formulas and reduced rates. The factors for both companies include greatly lowered debt costs, assumed sales levels, and depreciation calculations. For Detroit Edison, the changing market value of the Fermi facility should have impacted rates. For Consumers Energy, closing the Big Rock Point facility substantially reduces revenue requirements; and

Whereas, Customers of Detroit Edison also may be paying too high a price for the costs of the Fermi II nuclear plant as determined in a 1988 agreement. Instead of now starting to pay the agreed-upon reduction at the expiration of the ten-year period, these electric customers will see the $53.4 million decrease reduced by $15 million, according to company announcements. The Attorney General is contesting this move; and

Whereas, All prudent steps need to be taken to ensure that electric customers do not suffer unfairly while corporate shareholders benefit at customer expense. With the imminent discussions of deregulation in electric utilities--a move both of these companies enthusiastically support--it is incumbent upon us to ensure that electric rates are fair and consistent with statute and Public Service Commission regulations; now, therefore, be it

Resolved by the House of Representatives, That we call on the Public Service Commission to hold hearings immediately on electricity rates in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Public Service Commission.

The resolution was referred to the Committee on Public Utilities.

Reps. Alley, Cropsey, Middleton, Baade, Freeman, Wetters and Geiger offered the following concurrent resolution:

House Concurrent Resolution No. 82.

A concurrent resolution to call on the Public Service Commission to hold hearings immediately on electricity rates in Michigan.

Resolved by the House of Representatives (the Senate concurring), That we call on the Public Service Commission to hold hearings immediately on electricity rates in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Public Service Commission.

The concurrent resolution was referred to the Committee on Public Utilities.

Reports of Standing Committees

The Committee on Insurance, by Rep. Gubow, Chair, reported

House Bill No. 5418, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 8134, 8142, and 8159 (MCL 500.8134, 500.8142, and 500.8159), section 8134 as added by 1989 PA 302 and sections 8142 and 8159 as amended by 1996 PA 429.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5418 To Report Out:

Yeas: Reps. Gubow, Scott, Bogardus, Palamara, Thomas, Varga, Vaughn, Basham, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 21, 1998, at 3:45 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Palamara, Thomas, Varga, Vaughn, Basham, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees,

Absent: Reps. Dobronski, Profit,

Excused: Reps. Dobronski, Profit.

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

Senate Bill No. 763, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 2, 3, 4, 5, and 6 (MCL 256.602, 256.603, 256.604, 256.605, and 256.606), as amended by 1992 PA 169, and by adding sections 5b and 5c.

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

1. Amend page 8, line 17, after "INSTRUCTOR." by striking out the balance of the line through "EMPLOYMENT." on line 22 and inserting "A DRIVER TRAINING SCHOOL LICENSEE OR THE DEPARTMENT SHALL ONLY DISCLOSE THE REPORT OR ITS CONTENTS TO A PERSON WHO IS DIRECTLY INVOLVED IN EVALUATING THE APPLICANT'S QUALIFICATIONS FOR EMPLOYMENT, AND SHALL ONLY DISCLOSE TO THAT PERSON THOSE CRIMES DESCRIBED IN SECTION 5(4)(E).".

2. Amend page 9, line 21, after "SCHOOL." by striking out the balance of the line through "LICENSURE." on line 25 and inserting "THE DEPARTMENT SHALL ONLY DISCLOSE THE REPORT OR ITS CONTENTS TO A PERSON WHO IS DIRECTLY INVOLVED IN EVALUATING THE APPLICANT'S QUALIFICATIONS FOR EMPLOYMENT, AND SHALL ONLY DISCLOSE TO THAT PERSON THOSE CRIMES DESCRIBED IN SECTION 5(4)(E).".

3. Amend page 9, following line 27, by inserting:

"(4) THE DEPARTMENT SHALL NOT LICENSE A PERSON TO OPERATE A DRIVER TRAINING SCHOOL IF THE PERSON HAS A PRIOR FELONY OR MISDEMEANOR CONVICTION FOR CRIMINAL SEXUAL CONDUCT PURSUANT TO SECTIONS 520B TO 520G OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B TO 750.520G, OR A FELONY CONVICTION FOR A CRIME IN WHICH AN ELEMENT OF THE CRIME IS THE USE OR THREAT OF USE OF PHYSICAL FORCE.".

4. Amend page 12, following line 19, by inserting:

"Enacting section 1. This amendatory act takes effect June 1, 1998.".

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

Favorable Roll Call

SB 763 To Report Out:

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

Nays: None.

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

Senate Bill No. 792, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as added by 1997 PA 100.

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

1. Amend page 2, following line 23, by inserting:

"Enacting section 1. This amendatory act takes effect June 1, 1998.".

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

Favorable Roll Call

SB 792 To Report Out:

Yeas: Reps. Leland, Baade, Brown, Curtis, Mans, Olshove, Schauer, Scott, Wojno, London, 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, January 21, 1998, at 3:47 p.m.,

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

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4173, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 17j, 19, and 31 (MCL 38.1a, 38.17j, 38.19, and 38.31), section 1a as amended by 1995 PA 176, section 17j as amended by 1989 PA 9, section 19 as amended by 1993 PA 195, and section 31 as amended by 1991 PA 48, and by adding section 17m.

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.

Favorable Roll Call

HB 4173 To Report Out:

Yeas: Reps. DeHart, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4897, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43c, 85, 104a, and 108 (MCL 38.1343c, 38.1385, 38.1404a, and 38.1408), sections 43c and 104a as amended by 1989 PA 194, section 85 as amended by 1991 PA 47, and section 108 as amended by 1995 PA 177.

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 4897 To Report Out:

Yeas: Reps. DeHart, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4943, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1994 PA 272.

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 4943 To Report Out:

Yeas: Reps. DeHart, Mans, Basham, Rhead, Dobb, LeTarte,

Nays: Rep. Dobronski.

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, January 22, 1998, at 9:30 a.m.,

Present: Reps. DeHart, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Absent: Rep. Brewer.

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, Thursday, January 22:

House Bill Nos. 5440 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5477 5478 5479 5480

Communications from State Officers

The following communication from the Northeast Michigan Consortium was received and read:

January 21, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Employment Service Plan for the period 2/2/98 through 6/30/99.

Total Employment Service funds planned are $427,898.00.

A copy of the Plan is available and may be reviewed at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator. In accordance with the Americans with Disabilities Act (ADA), the information contained in this public notice will be made available in alternative format (large type, audio tape, etc.) upon special request.

The communication was referred to the Clerk.

The following communication from the Department of Community Health was received and read:

January 16, 1998

I am pleased to transmit the Byrne Memorial Formula Grant application from the Office of Drug Control Policy to the U.S. Department of Justice, Bureau of Justice Assistance for the drug enforcement grant program.

This application is being forwarded to your office for information and review pursuant to Section 1304(a)(2) of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula grant program. This application requests $16,748,000.

Should you have questions, please contact Ardith J. DaFoe, Director, Drug Law Enforcement Division at (517) 373-2952.

Sincerely,

Darnell Jackson

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Hammerstrom, Raczkowski, Bobier, Crissman, Brackenridge, London and Perricone introduced

House Bill No. 5488, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 322, 349, 413, 426d, 433, and 467b (MCL 168.322, 168.349, 168.413, 168.426d, 168.433, and 168.467b), as amended by 1996 PA 583.

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

Reps. Hammerstrom, Raczkowski, Bobier, Crissman, Brackenridge, London and Perricone introduced

House Bill No. 5489, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 53, 93, 133, 163, 193, 224, 254, 322, 349, 409b, 413, 426d, 433, 467b, 551, 624, and 644f (MCL 168.53, 168.93, 168.133, 168.163, 168.193, 168.224, 168.254, 168.322, 168.349, 168.409b, 168.413, 168.426d, 168.433, 168.467b, 168.551, 168.624, and 168.644f), sections 53, 93, 133, 163, 193, 224, 254, 322, 349, 409b, 413, 426d, 433, 467b, and 624 as amended by 1996 PA 583 and sections 551 and 644f as amended by 1990 PA 7.

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

Reps. Gagliardi, Cherry, Schauer, Anthony, Prusi, Mans, Brewer, Wojno, Hale, Frank, Kilpatrick, Baade, Wallace, Tesanovich, Schermesser, DeHart, Kelly, Thomas, Dobronski, Freeman, Olshove, Kaza, Basham and Bodem introduced

House Bill No. 5490, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 811d and 811e.

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

Reps. Brown, Callahan, Bogardus, Schauer, Frank, Mans, DeHart, Schermesser, Kilpatrick, Palamara, Basham, Wojno, Parks, Price, LaForge, Prusi, Anthony, Hale, Rison, Griffin, Brewer, Quarles, Goschka, Wallace, Harder, Thomas, Tesanovich, Kelly, Scott, Leland, Vaughn, Wetters, Agee, Hanley, Brater, Hood, Mathieu, Owen, Freeman, Willard, Olshove, Baade, Dobronski, Gagliardi and Cherry introduced

House Bill No. 5491, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3104a.

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

Reps. Wetters, Frank, Hale, Harder, Baade, Alley, Goschka, Gagliardi, Gustafson, Raczkowski and Perricone introduced

House Bill No. 5492, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 5 (MCL 29.5).

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

Reps. Basham, Hale, DeHart and Freeman introduced

House Bill No. 5493, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," by amending sections 5 and 6 (MCL 408.1005 and 408.1006), section 5 as amended by 1986 PA 80.

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

Rep. Freeman introduced

House Bill No. 5494, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509u (MCL 168.509u), as added by 1994 PA 441.

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

______

Rep. Kilpatrick moved that the House adjourn.

The motion prevailed, the time being 1:20 p.m.

Acting Speaker Hanley declared the House adjourned until Tuesday, January 27, 1998, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.