No. 58

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature


REGULAR SESSION OF 1998


House Chamber, Lansing, Thursday, June 11, 1998.

10:00 a.m.

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

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

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--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--excused

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Ilona Varga, from the 8th District, offered the following invocation:

"Dear God, be with us today as we deliberate. Give us Your blessings as we rejoice in the knowledge that You are our Savior. And please God, on a personal note, let the Red Wings win today. Amen."

______

Rep. Dobronski moved that Reps. Stallworth and Palamara be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Notices

June 11, 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.

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 909, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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

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

Rep. Whyman moved to amend the bill as follows:

1. Amend page 62, following line 12, by inserting:

"Sec. 1113. The department shall charge each prisoner who uses a television, VCR, stereo, or computer a monthly fee of $3.00 for electricity. The department shall annually collect the fees and forward them to the state treasurer for deposit in the crime victim's rights fund created under section 4 of 1989 PA 196, MCL 780.904.".

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

Rep. Scranton moved to amend the bill as follows:

1. Amend page 61, line 19, after "shall" by striking out the balance of the section and inserting "prohibit smoking or tobacco use within the perimeter of all correctional facilities and shall prohibit possession of any tobacco product within the perimeter of a correctional facility.".

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 600 Yeas--52

Anthony Cropsey Jelinek Oxender

Baade Dalman Jellema Perricone

Baird DeVuyst Johnson Raczkowski

Bankes Fitzgerald Kukuk Rocca

Basham Gernaat Llewellyn Sanborn

Birkholz Gilmer London Schauer

Bobier Godchaux Lowe Scranton

Bogardus Goschka Mathieu Sikkema

Brackenridge Gubow McBryde Voorhees

Brown Gustafson McManus Walberg

Byl Hammerstrom McNutt Whyman

Callahan Horton Middaugh Willard

Cassis Jansen Middleton Wojno

Nays--44

Agee Freeman Kaza Prusi

Bodem Gagliardi Kelly Quarles

Brater Galloway Kilpatrick Rhead

Brewer Geiger LaForge Richner

Cherry Green Leland Schermesser

Ciaramitaro Griffin LeTarte Schroer

Crissman Hale Mans Scott

DeHart Hanley Martinez Tesanovich

Dobb Harder Owen Thomas

Dobronski Hertel Parks Varga

Frank Hood Price Vaughn

In The Chair: Hertel

Rep. Rison moved to amend the bill as follows:

1. Amend page 38, following line 14, by inserting the following:

"Sec. 224. (1) The department shall offer human relations and diversity/sensitivity training to all employees where the need for such training is identified.

(2) The department shall contract with an independent third party for evaluation of human relations and diversity/sensitivity training provided to employees. The evaluation shall examine the impact of the training on department employees with regard to mutual employee cooperation, respect, and ability to work as part of a team. The evaluation required by this section shall be completed and contained in a report provided to the house and senate appropriations subcommittees on corrections by April 1, 1999. By May 1, 1999, the department shall provide to the house and senate appropriations subcommittees on corrections its response to the evaluation report, including its plans for any policy changes based on the evaluation.".

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

Rep. Rison moved to amend the Rison amendment as follows:

1. Amend the Rison Amendment, page 38, following line 14, section 224, subsection (2), after the third "by" by striking out "May" and inserting "June".

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

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

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

Rep. Gustafson moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Scranton.

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

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 601 Yeas--43

Baird Gilmer Llewellyn Rocca

Basham Godchaux London Sanborn

Birkholz Goschka Mathieu Schauer

Bobier Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hammerstrom Middaugh Varga

Callahan Jansen Middleton Voorhees

Cassis Jelinek Oxender Whyman

Dalman Jellema Perricone Willard

Fitzgerald Johnson Raczkowski Wojno

Gernaat Kukuk Richner

Nays--62

Agee Dobb Kaza Price

Alley Dobronski Kelly Profit

Anthony Emerson Kilpatrick Prusi

Baade Frank LaForge Quarles

Bankes Freeman Law Rhead

Bodem Gagliardi Leland Rison

Bogardus Galloway LeTarte Schermesser

Brackenridge Geiger Lowe Schroer

Brater Green Mans Scott

Brewer Griffin Martinez Tesanovich

Cherry Hale McNutt Thomas

Crissman Hanley Murphy Vaughn

Cropsey Harder Nye Walberg

Curtis Hertel Owen Wallace

DeHart Hood Parks Wetters

DeVuyst Horton

In The Chair: Hertel

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 62, following line 12, following section 1113, by inserting:

"Sec. 1114. It is the intent of the legislature that the department require all able-bodied level 1 prisoners to work a minimum of 50 hours per week performing physical labor. The physical labor may include, but need not be limited to including, working in swamps, clearing roads, environmental resource recovery, forestry operations, and cleaning up beaches. While performing the physical labor required under this section, each prisoner shall be restrained by a security device considered appropriate by the department and prisoners may be chained or otherwise linked together, as the department considers appropriate.".

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

Rep. Owen moved to amend the Llewellyn amendment as follows:

1. Amend the Llewellyn Amendment, page 62, following line 12, section 1114, after the first "prisoners" by inserting "who have not been convicted of an assaultive crime, including, but not limited to, criminal sexual conduct, murder, assault, kidnaping, and home invasion".

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

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

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

Roll Call No. 602 Yeas--79

Alley Dobb Jellema Profit

Anthony Fitzgerald Johnson Prusi

Baade Frank Kaza Raczkowski

Basham Freeman Kelly Rhead

Birkholz Gagliardi Kukuk Richner

Bobier Galloway Law Rocca

Bodem Geiger LeTarte Sanborn

Brackenridge Gernaat Llewellyn Schauer

Brewer Gilmer London Schermesser

Brown Godchaux Lowe Scranton

Byl Goschka Mans Sikkema

Callahan Green McBryde Tesanovich

Cassis Griffin McManus Varga

Ciaramitaro Gustafson McNutt Voorhees

Crissman Hammerstrom Middaugh Walberg

Cropsey Harder Middleton Wetters

Curtis Hertel Olshove Whyman

Dalman Horton Owen Willard

DeHart Jansen Oxender Wojno

DeVuyst Jelinek Perricone

Nays--22

Agee Hanley Murphy Schroer

Baird Hood Parks Scott

Bankes Kilpatrick Price Thomas

Brater Leland Quarles Vaughn

Dobronski Martinez Rison Wallace

Hale Mathieu

In The Chair: Hertel

______

Rep. Schermesser asked and obtained a temporary excuse from today's session.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 62, following line 12, following section 1114, by inserting:

"Sec. 1115. As a condition of the expenditure of funds appropriated under part 1, the department shall require a prisoner convicted of assaulting a department employee, including a corrections officer, or another prisoner or who is determined responsible for that misconduct through departmental proceedings, to be placed in solitary confinement for not less than 60 days or more than 300 days. The solitary confinement shall preclude contact with other prisoners and visitors and shall minimize contact with department employees. The prisoner shall be allowed 1 hour per week out of his or her confinement for exercise or equivalent activity. The place of the prisoner's confinement area shall contain only prison-issued plumbing fixtures and bedding, and the prisoner shall possess only prison-issued clothing.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

Rep. Brater moved to amend the Cropsey amendment as follows:

1. Amend the Cropsey Amendment, page 62, following line 12, section 1115, after "clothing." by inserting "As used in this section, "assaulting a department employee" means the intentional and knowing commission of a physical assault against an employee or contractual employee of the department.".

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

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

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

Roll Call No. 603 Yeas--100

Alley Emerson Johnson Parks

Anthony Fitzgerald Kaza Perricone

Baade Frank Kelly Price

Baird Freeman Kilpatrick Profit

Bankes Gagliardi Kukuk Prusi

Basham Galloway LaForge Raczkowski

Birkholz Geiger Law Rhead

Bobier Gernaat Leland Richner

Bodem Gilmer LeTarte Rocca

Brackenridge Gire Llewellyn Sanborn

Brater Godchaux London Schauer

Brewer Goschka Lowe Schroer

Brown Green Mans Scott

Byl Griffin Martinez Scranton

Callahan Gubow Mathieu Sikkema

Cassis Gustafson McBryde Tesanovich

Ciaramitaro Hale McManus Thomas

Crissman Hanley McNutt Varga

Cropsey Harder Middaugh Vaughn

Curtis Hertel Middleton Voorhees

Dalman Hood Murphy Walberg

DeHart Horton Nye Wetters

DeVuyst Jansen Olshove Whyman

Dobb Jelinek Owen Willard

Dobronski Jellema Oxender Wojno

Nays--0

In The Chair: Hertel

Rep. Brater moved to amend the bill as follows:

1. Amend page 59, following line 3, by inserting:

"Sec. 903. The department shall report by April 1, 1999 to the house and senate appropriations subcommittees on corrections, the house and senate standing committees having jurisdiction over corrections issues, and the house and senate fiscal agencies on the numbers of prisoners who are processed through the reception and guidance centers who have a current or prior diagnosis of serious mental illness as defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d, or developmental disability as defined in section 100a of the mental health code, 1974 PA258, MCL 330.1100a.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 604 Yeas--103

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kelly Profit

Baade Frank Kilpatrick Prusi

Baird Freeman Kukuk Quarles

Bankes Gagliardi LaForge Raczkowski

Basham Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Sanborn

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schroer

Brewer Green Martinez Scott

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Tesanovich

Cassis Hale McNutt Thomas

Cherry Hammerstrom Middaugh Varga

Crissman Hanley Middleton Vaughn

Cropsey Harder Murphy Voorhees

Curtis Hertel Nye Walberg

Dalman Horton Olshove Wetters

DeHart Jansen Owen Willard

DeVuyst Jelinek Oxender Wojno

Dobb Jellema Parks

Nays--0

In The Chair: Hertel

Rep. Cropsey moved to reconsider the vote by which the House adopted the amendment offered previously by Rep.Rison.

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

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

Rep. Cropsey moved to amend the Rison amendment as follows:

1. Amend the Rison Amendment, page 38, following line 14, section 224, following subsection (2), by inserting:

"(3) Diversity/sensitivity training is developed to get employees to appreciate and be sensitive to cultural, racial, ethnic, and gender differences that impact their understanding of each other and their ability to work as a team.".

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

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

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

Rep. Gagliardi 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

Rep. Gagliardi moved that Rule 49 be suspended.

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

Senate Bill No. 909, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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

Roll Call No. 605 Yeas--100

Agee Dobronski Jellema Perricone

Alley Fitzgerald Johnson Price

Anthony Frank Kelly Prusi

Baade Freeman Kilpatrick Quarles

Baird Gagliardi Kukuk Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brewer Green Martinez Scott

Brown Griffin Mathieu Sikkema

Byl Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Crissman Hanley Middleton Voorhees

Cropsey Harder Murphy Walberg

Curtis Hertel Nye Wallace

Dalman Hood Olshove Wetters

DeHart Horton Owen Whyman

DeVuyst Jansen Oxender Willard

Dobb Jelinek Parks Wojno

Nays--5

Brater Profit Schroer Scranton

LaForge

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5424, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding section 1311b.

(The bill was received from the Senate on June 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 10, see House Journal No. 56, p. 1344.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 606 Yeas--9

DeVuyst Llewellyn McBryde Rhead

Goschka London Perricone Voorhees

Kaza

Nays--97

Agee Emerson Jellema Profit

Alley Fitzgerald Johnson Prusi

Anthony Frank Kelly Quarles

Baade Freeman Kilpatrick Raczkowski

Baird Gagliardi Kukuk Richner

Bankes Galloway LaForge Rison

Basham Geiger Law Rocca

Birkholz Gernaat Leland Sanborn

Bobier Gilmer LeTarte Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brackenridge Green Martinez Scott

Brater Griffin Mathieu Scranton

Brewer Gubow McManus Sikkema

Brown Gustafson McNutt Tesanovich

Byl Hale Middaugh Thomas

Callahan Hammerstrom Middleton Varga

Cassis Hanley Murphy Vaughn

Cherry Harder Nye Walberg

Crissman Hertel Olshove Wallace

Cropsey Hood Owen Wetters

Curtis Horton Oxender Whyman

Dalman Jansen Parks Willard

DeHart Jelinek Price Wojno

Dobb

In The Chair: Hertel

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Gire, Schauer and Dalman.

______

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

The motion prevailed.

Rep. Gagliardi moved that Rep. Ciaramitaro be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

Senate Bill No. 313, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1311a.

(The bill was received from the Senate on June 9, with amendments to the House substitute (H-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 10, see House Journal No. 56, p. 1355.)

The question being on concurring in the adoption of the amendments to the House substitute (H-4) made to the bill by the Senate,

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

Roll Call No. 607 Yeas--8

DeVuyst Kaza McBryde Rhead

Goschka Llewellyn Perricone Voorhees

Nays--97

Agee Emerson Jellema Price

Alley Fitzgerald Johnson Profit

Anthony Frank Kelly Prusi

Baade Freeman Kilpatrick Quarles

Baird Gagliardi Kukuk Raczkowski

Bankes Galloway LaForge Richner

Basham Geiger Law Rison

Birkholz Gernaat Leland Rocca

Bobier Gilmer LeTarte Sanborn

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Green Mans Schroer

Brater Griffin Martinez Scott

Brewer Gubow Mathieu Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Whyman

Dalman Jansen Oxender Willard

DeHart Jelinek Parks Wojno

Dobb

In The Chair: Hertel

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Gire, Schauer and Dalman.

______

The Speaker called Acting Speaker Hanley to the Chair.

House Bill No. 4044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2964 and 2965.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding sections 2965, 2966, and 2967.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-5) made to the bill by the Senate,

Rep. Mathieu moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 613, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 222, 698, and 725 (MCL 257.217, 257.222, 257.698, and 257.725), section 217 as amended by 1996 PA 59, section 222 as amended by 1993 PA300, section 698 as amended by 1997 PA 8, and section 725 as amended by 1997 PA 80.

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

Roll Call No. 608 Yeas--106

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Raczkowski

Baird Galloway Law Rhead

Bankes Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bobier Gire London Sanborn

Bodem Godchaux Lowe Schauer

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Griffin Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Crissman Hertel Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Emerson Kaza

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 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 217, 698, and 725 (MCL 257.217, 257.698, and 257.725), section 217 as amended by 1996 PA 59, section 698 as amended by 1997 PA 8, and section 725 as amended by 1997 PA 80.

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.

______

Acting Speaker DeHart assumed the Chair.

Second Reading of Bills

House Bill No. 5516, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, and 51a (MCL 388.1611, 388.1620, and 388.1651a), as amended by 1997 PA 142.

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

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

Rep. Geiger moved to amend the bill as follows:

1. Amend page 3, line 21, by striking out all of section 11i.

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

Rep. Geiger demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 609 Yeas--52

Bankes Fitzgerald Jellema Nye

Basham Galloway Johnson Oxender

Birkholz Geiger Kaza Perricone

Bobier Gernaat Kukuk Raczkowski

Bodem Gilmer LeTarte Rhead

Brackenridge Godchaux Llewellyn Richner

Byl Goschka London Rocca

Cassis Green Lowe Sanborn

Crissman Gustafson McBryde Scranton

Cropsey Hammerstrom McManus Sikkema

Dalman Horton McNutt Voorhees

DeVuyst Jansen Middaugh Walberg

Dobb Jelinek Middleton Whyman

Nays--48

Agee DeHart Kilpatrick Quarles

Alley Emerson LaForge Rison

Anthony Frank Leland Schauer

Baade Freeman Mans Schermesser

Baird Gagliardi Martinez Schroer

Bogardus Gire Mathieu Scott

Brater Gubow Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Parks Vaughn

Callahan Harder Price Wallace

Cherry Hood Profit Willard

Curtis Kelly Prusi Wojno

In The Chair: DeHart

Reps. Kelly and Profit moved to amend the bill as follows:

1. Amend page 2, line 5, by striking out "$9,127,198,400.00" and inserting "$9,128,798,400.00".

2. Amend page 15, line 6, after "EXCEED" by striking out "$2,100,000.00" and inserting "$2,900,000.00".

3. Amend page 15, line 8, after "EXCEED" by striking out "$2,100,000.00" and inserting "$2,900,000.00".

4. Amend page 15, line 11, after "2008." by striking out the balance of the line through "(8)," on line 12.

5. Amend page 15, line 20, after "EXCEED" by striking out "$700,000.00" and inserting "$900,000.00".

6. Amend page 15, line 21, after "1999." by striking out "SUBJECT TO SUBSECTION (8),".

7. Amend page 16, line 5, after "(3)" by striking out "SUBJECT TO SUBSECTION (8),".

8. Amend page 17, line 19, by striking out all of subsection (8).

9. Amend page 18, line 1, after "EXCEED" by striking out "$1,400,000.00" and inserting "$2,000,000.00".

10. Amend page 18, line 3, after "EXCEED" by striking out "$1,400,000.00" and inserting "$2,000,000.00".

11. Amend page 18, line 6, after "2008." by striking out the balance of the line through "(6)," on line 7.

12. Amend page 18, line 16, after "(2)" by striking out "SUBJECT TO SUBSECTION (6),".

13. Amend page 18, line 26, after "1999." by striking out "SUBJECT TO SUBSECTION (6),".

14. Amend page 19, line 18, by striking out all of subsection (6).

The question being on the adoption of the amendments offered by Reps. Kelly and Profit,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Kelly and Profit,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 610 Yeas--64

Alley DeHart Kukuk Quarles

Anthony Dobb LaForge Raczkowski

Baade Fitzgerald Law Richner

Baird Frank Leland Rison

Bankes Gagliardi LeTarte Rocca

Basham Galloway Lowe Sanborn

Bodem Gire Mans Schermesser

Bogardus Godchaux Martinez Schroer

Brater Griffin McNutt Scott

Brewer Gubow Middleton Scranton

Brown Hale Olshove Sikkema

Callahan Hammerstrom Oxender Varga

Cassis Harder Parks Vaughn

Crissman Jansen Price Wallace

Cropsey Jelinek Profit Willard

Curtis Kelly Prusi Wojno

Nays--36

Agee Gernaat Johnson Owen

Birkholz Gilmer Kaza Perricone

Bobier Goschka Llewellyn Rhead

Brackenridge Green London Schauer

Cherry Gustafson Mathieu Tesanovich

Dalman Hanley McBryde Thomas

DeVuyst Hood McManus Walberg

Emerson Horton Middaugh Wetters

Geiger Jellema Nye Whyman

In The Chair: DeHart

______

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

"Mr. Speaker and members of the House:

I voted against this amendment because it poses a number of problems for our public schools.

First of all, this House has passed House Bill 5716 which specifically gives an out-of-court settlement to all Section 53 schools and children in the State of Michigan. In so passing, this body has acknowledged that the court erred in its treatment of Section 53 schools and kids, and it is also doing its best to prevent a lawsuit. HB 5716 is still pending before the Senate.

This amendment actually encourages schools to file lawsuits against the state by paying off only those which file suit, whether they are actually Section 53 schools or not! Thus, every school will receive the message to file suit against the state, whether they have a credible claim or not.

This House is now on record as desiring to pay out not once, but twice! The first payout, HB 5716, would settle with all eligible schools and students whether they file suit or not. After all, if they're owed money, let's pay up. The second payout gives money to what ever school sues, regardless of qualifications.

What do we do if both bills pass? Do we do a double payout? Do we ask for one of the bills to come back--after it has left this House?

The sad fact is that if both HB 5716 and this amendment become law, the foundation grant will be greatly reduced. A double payout will actually hurt kids, not help them.

HB 5716 is the right vehicle to settle this issue. This House did the right thing in passing it, and we should all work for it to become law. I'm proud to be on record for supporting the payout, but one payout only is enough!"

Rep. Emerson moved to amend the bill as follows:

1. Amend page 35, line 13, after "THE" by striking out "SCHOOL DISTRICT" and inserting "DISTRICT OR INTERMEDIATE DISTRICT".

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

Rep. Dalman moved to amend the bill as follows:

1. Amend page 20, line 4, by striking out "$8,181,433,300.00" and inserting "$8,180,433,300.00".

2. Amend page 53, following line 14, by inserting:

"SEC. 95A. (1) FROM THE STATE SCHOOL AID FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 1998-99 AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR PAYMENTS TO DISTRICTS TO SUPPORT PROFESSIONAL DEVELOPMENT FOR TEACHERS OF COLLEGE LEVEL EQUIVALENT COURSES. THE AMOUNT OF THE PAYMENT TO EACH DISTRICT SHALL BE AN AMOUNT EQUAL TO $270.00 MULTIPLIED BY THE NUMBER OF TEACHERS WHO TAUGHT AT LEAST 1 COLLEGE LEVEL EQUIVALENT COURSE AT A HIGH SCHOOL OF THE DISTRICT DURING THE 1997-98 SCHOOL YEAR.

(2) TO RECEIVE FUNDS UNDER THIS SECTION, A DISTRICT SHALL PROVIDE TO THE DEPARTMENT ALL INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO DETERMINE THE AMOUNT DUE TO THE DISTRICT UNDER THIS SECTION.

(3) AS USED IN THIS SECTION, "COLLEGE LEVEL EQUIVALENT COURSE" MEANS THAT TERM AS DEFINED IN SECTION 1471 OF THE REVISED SCHOOL CODE, MCL 380.1471.".

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 611 Yeas--7

Bankes Dalman Godchaux Law

Bogardus Galloway Kukuk

Nays--95

Agee Fitzgerald Kilpatrick Quarles

Alley Frank LaForge Raczkowski

Anthony Freeman Leland Rhead

Baade Gagliardi LeTarte Richner

Baird Geiger Llewellyn Rison

Basham Gernaat London Rocca

Birkholz Gilmer Lowe Sanborn

Bobier Gire Mans Schauer

Bodem Goschka Martinez Schermesser

Brackenridge Green Mathieu Schroer

Brater Griffin McBryde Scott

Brewer Gubow McManus Scranton

Brown Gustafson McNutt Sikkema

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Nye Varga

Cherry Harder Olshove Vaughn

Crissman Hood Owen Walberg

Cropsey Horton Oxender Wallace

Curtis Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Emerson Kaza Prusi

In The Chair: DeHart

Rep. Kilpatrick moved to amend the bill as follows:

1. Amend page 20, line 4, by striking out "$8,181,433,300.00" and inserting "$8,180,183,300.00".

2. Amend page 37, following line 22, by inserting:

"SEC. 31B. FROM THE STATE SCHOOL AID FUND APPROPRIATION IN SECTION 11, AN AMOUNT NOT TO EXCEED $1,250,000.00 IS ALLOCATED FOR 1998-99 TO DISTRICTS LOCATED IN CITIES WITH A POPULATION GREATER THAN 100,000 OR IN WHICH AT LEAST 75% OF THE PUPILS IN MEMBERSHIP MET THE INCOME ELIGIBILITY CRITERIA FOR FREE BREAKFAST, LUNCH, OR MILK IN THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, AS DETERMINED AND REPORTED AS DESCRIBED IN SECTION 31A(1), TO BE USED TO EXTEND THE TIME SCHOOLS OF THE DISTRICT ARE OPEN BY AN EXTRA 3 HOURS PER SCHOOL DAY. FUNDS SHALL BE DISTRIBUTED TO ELIGIBLE DISTRICTS ON A PRORATED BASIS, USING TOTAL NUMBER OF PUPILS PER DISTRICT AS THE BASIS FOR THE PRORATION. DURING THE EXTRA 3 HOURS PER SCHOOL DAY, A DISTRICT RECEIVING FUNDS UNDER THIS SECTION SHALL USE THE FUNDS FOR 1 OR MORE OF THE FOLLOWING NONATHLETIC PROGRAM AREAS:

(A) ACADEMIC GAMES.

(B) COMPUTER LITERACY PROGRAMS.

(C) PEER MEDIATION PROGRAMS.

(D) CONFLICT RESOLUTION PROGRAMS.

(E) TUTORIAL PROGRAMS.

(F) LITERACY PROGRAMS.".

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

______

Rep. Wetters asked and obtained a temporary excuse from today's session.

Rep. Oxender moved to amend the bill as follows:

1. Amend page 19, line 26, after "IS" by striking out "$5,572.00" and inserting "$5,574.00".

2. Amend page 20, line 4, by striking out "$8,181,433,300.00" and inserting "$8,185,583,300.00".

3. Amend page 33, line 12, by striking out all of sections 25, 25A, 31D.

4. Amend page 49, line 8, by striking out all of section 63.

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 612 Yeas--48

Bankes Fitzgerald Jelinek Nye

Birkholz Gagliardi Jellema Oxender

Bobier Galloway Kaza Perricone

Bodem Geiger Kukuk Raczkowski

Brackenridge Gernaat Law Richner

Cassis Gilmer LeTarte Rocca

Crissman Godchaux London Sanborn

Cropsey Green Lowe Schroer

Curtis Gustafson McManus Sikkema

Dalman Harder McNutt Voorhees

DeVuyst Horton Middaugh Walberg

Dobb Jansen Middleton Whyman

Nays--49

Agee Frank Kilpatrick Quarles

Alley Gire LaForge Rison

Anthony Goschka Leland Schauer

Baird Griffin Llewellyn Schermesser

Basham Gubow Mans Scott

Bogardus Hale Martinez Tesanovich

Brater Hammerstrom Mathieu Thomas

Brewer Hanley McBryde Varga

Brown Hertel Owen Vaughn

Callahan Hood Parks Wallace

Cherry Johnson Price Willard

DeHart Kelly Prusi Wojno

Emerson

In The Chair: DeHart

Reps. Bobier, Gilmer and Cropsey moved to amend the bill as follows:

1. Amend page 3, line 21, by striking out all of sections 11i, 11J, 11K, and 11l.

2. Amend page 20, line 4, by striking out "$8,181,433,300.00" and inserting "$8,191,133,300.00".

3. Amend page 47, line 7, by striking out all of section 62.

The question being on the adoption of the amendments offered by Reps. Bobier, Gilmer and Cropsey,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Bobier, Gilmer and Cropsey,

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

Roll Call No. 613 Yeas--46

Alley Fitzgerald Jellema Oxender

Bankes Galloway Kaza Perricone

Birkholz Geiger Kukuk Rhead

Bobier Gernaat Law Richner

Brackenridge Gilmer LeTarte Rocca

Byl Godchaux London Sanborn

Cassis Green Lowe Scranton

Crissman Gustafson McManus Sikkema

Cropsey Harder McNutt Voorhees

Curtis Horton Middaugh Walberg

Dalman Jansen Nye Whyman

DeVuyst Jelinek

Nays--47

Agee Frank Leland Schauer

Anthony Gagliardi Mans Schermesser

Baade Gire Martinez Scott

Basham Gubow Mathieu Tesanovich

Bogardus Hale McBryde Thomas

Brater Hammerstrom Olshove Varga

Brewer Hanley Owen Vaughn

Brown Hood Parks Wallace

Callahan Johnson Price Wetters

Cherry Kelly Prusi Willard

DeHart Kilpatrick Quarles Wojno

Emerson LaForge Rison

In The Chair: DeHart

Rep. Kaza moved to reconsider the vote by which the House did not adopt the amendments.

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

The question being on the adoption of the amendments offered by Reps. Bobier, Gilmer and Cropsey,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Bobier, Gilmer and Cropsey,

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

Roll Call No. 614 Yeas--50

Alley Fitzgerald Kukuk Perricone

Bankes Galloway Law Profit

Birkholz Geiger LeTarte Raczkowski

Bobier Gernaat Llewellyn Rhead

Bodem Gilmer London Richner

Brackenridge Godchaux Lowe Rocca

Byl Green McManus Sanborn

Cassis Gustafson McNutt Scranton

Crissman Horton Middaugh Sikkema

Cropsey Jansen Middleton Voorhees

Curtis Jelinek Nye Walberg

Dalman Jellema Oxender Whyman

Dobb Kaza

Nays--51

Agee Freeman Kilpatrick Rison

Anthony Gagliardi LaForge Schauer

Baade Gire Leland Schermesser

Baird Goschka Mans Scott

Basham Griffin Martinez Tesanovich

Bogardus Gubow Mathieu Thomas

Brater Hale McBryde Varga

Brewer Hammerstrom Olshove Vaughn

Brown Hanley Owen Wallace

Callahan Hertel Parks Wetters

DeHart Hood Price Willard

Emerson Johnson Prusi Wojno

Frank Kelly Quarles

In The Chair: DeHart

______

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

"Mr. Speaker and members of the House:

I voted against this amendment because it would have unwittingly stripped the bill of the Anti-Gang Violence categorical, one that is desperately needed in these days and times. Some of the categoricals are indeed questionable, but this is one that we must keep. Gang violence is a growing problem in many schools large and small, and we need to acknowledge and address it.

Also, I would have voted against this amendment when it came up for a earlier vote. I was sitting at my desk. However, the rules of the House were not followed so that all could vote, and the voting board was closed early. That is why so many of my colleagues missed that vote. I am pleased that we were given another opportunity to speak up for our constituents and that this vote was not stifled."

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

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

Rep. Gagliardi moved that 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

Rep. Gagliardi moved that Rule 49 be suspended.

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

House Bill No. 5516, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, and 51a (MCL 388.1611, 388.1620, and 388.1651a), as amended by 1997 PA 142.

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

Roll Call No. 615 Yeas--80

Agee Emerson Kilpatrick Profit

Alley Frank Kukuk Prusi

Anthony Gagliardi LaForge Quarles

Baade Galloway Law Raczkowski

Baird Gernaat Leland Rhead

Basham Gire LeTarte Rison

Bodem Goschka Llewellyn Rocca

Bogardus Griffin Lowe Schauer

Brater Gubow Mans Schermesser

Brown Gustafson Martinez Schroer

Byl Hale Mathieu Scott

Callahan Hammerstrom McBryde Tesanovich

Cassis Hanley McManus Thomas

Cherry Harder McNutt Varga

Crissman Hertel Middaugh Vaughn

Cropsey Hood Middleton Walberg

Curtis Jelinek Olshove Wallace

DeHart Jellema Oxender Wetters

DeVuyst Johnson Parks Willard

Dobb Kelly Price Wojno

Nays--21

Birkholz Gilmer Kaza Sanborn

Bobier Godchaux London Scranton

Brackenridge Green Nye Sikkema

Dalman Horton Perricone Voorhees

Fitzgerald Jansen Richner Whyman

Geiger

In The Chair: DeHart

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 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11i, 20, 25, 51a, 62, 81, 101, and 166b (MCL 388.1611, 388.1611i, 388.1620, 388.1625, 388.1651a, 388.1662, 388.1681, 388.1701, and 388.1766b), sections 11, 20, 51a, 62, 81, and 101 as amended and section 11i as added by 1997 PA 142, section 25 as amended by 1997 PA 93, and section 166b as amended by 1996 PA 300, and by adding sections 11j, 11k, 11l, 25a, 31b, 31d, and 63.

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.

Reps. Anthony, Bodem, Bogardus, Callahan, DeHart, Dobb, Johnson, Law, Middleton, Olshove, Owen, Oxender, Raczkowski, Schermesser, Scott, Varga, Vaughn and Wojno were named co-sponsors of the bill.

______

Reps. Gilmer, Bobier, Dalman, London, Geiger and Jansen, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

It is unfortunate that this school aid supplemental, crafted with good intentions, should stray so far from the long negotiated intentions of Proposal A. The absolute disregard for the premise of the foundation grant for each pupil is manifest in this bill with the proliferation of categoricals which will, over the long term, erode the state's ability to expand funding for all public school students. Additionally, with the growth in so many categoricals in this bill, we are writing an unfunded check that future Legislatures will have limited ability to pay. Attempts were made to eliminate the categoricals contained in this bill which failed. The categoricals contained in this budget would have provided an additional $10 per pupil within the foundation grant. It is for these reasons that I voted against this well intentioned but short-sighted budget."

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

"Mr. Speaker and members of the House:

The bill we were asked to vote on today presents two situations that provide for bad legislation and poor policy.

The first is a rather large collection of categoricals, money targeted to pay for a specific program, singling them out and telling districts how this money must be spent. One of these in fact, will pay schools additional money per student for those students they have expelled from traditional classrooms. This is money that should be in the foundation allowance providing the communities the resources to determine their own solutions. Communities do know best what their problem is and can rally the forces to solve that problem if we just get out of the way and let them.

The second problem with this bill is the rolling of one time savings into an annual liability line. There was money in this bill reallocated because of the new estimates in students and this should be recalculated to increase the foundation. But funds from one time savings placed in an annual liability line creates future problems and is not responsible fiscal policy.

For these two reasons, I am compelled to vote against the bill. This is not an indication of my support for our schools but rather my continued effort to protect local decision making while providing a sound and responsible government."

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 1156.

Rep. Jellema

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5795, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 23 and 23b (MCL 208.23 and 208.23b), as amended by 1995 PA 282.

The bill was read a second time.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4304, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

(The bill was read a third time, substitute (H-4) seconded and bill postponed temporarily on June 4, see House Journal No. 55, p. 1292.)

The question being on the adoption of the substitute (H-4) offered previously by Rep. Baird,

The substitute (H-4) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 616 Yeas--63

Agee Emerson Kilpatrick Quarles

Anthony Frank LaForge Rison

Baade Freeman Law Rocca

Baird Gagliardi Leland Schauer

Bankes Galloway LeTarte Schermesser

Basham Gilmer Mans Schroer

Bobier Gire Martinez Scott

Bogardus Godchaux Mathieu Tesanovich

Brater Griffin McNutt Thomas

Brewer Gubow Middleton Varga

Callahan Hale Olshove Vaughn

Cherry Hanley Owen Wallace

Crissman Harder Parks Wetters

Curtis Hood Price Willard

DeHart Johnson Profit Wojno

Dobb Kelly Prusi

Nays--40

Alley Fitzgerald Jellema Oxender

Birkholz Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Goschka Llewellyn Rhead

Brown Green London Richner

Byl Gustafson Lowe Sanborn

Cassis Hammerstrom McBryde Scranton

Cropsey Horton McManus Sikkema

Dalman Jansen Middaugh Voorhees

DeVuyst Jelinek Nye Walberg

In The Chair: DeHart

The question being on the passage of the bill,

Rep. Cropsey moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 838, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 11a, 51, and 56 (MCL 791.211a, 791.251, and 791.256), sections 11a and 56 as added by 1994 PA 93 and section 51 as amended by 1994 PA 217.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Freeman moved to amend the bill as follows:

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

"(3) IN CONSIDERING TRANSFERS OF PRISONERS OUT-OF-STATE PURSUANT TO THE INTERSTATE CORRECTIONS COMPACT DUE TO BED SPACE NEEDS THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING:

(A) CONSIDER FIRST PRISONERS WHO VOLUNTEER TO TRANSFER AS LONG AS THEY MEET THE ELIGIBILITY CRITERIA FOR SUCH TRANSFER.

(B) PROVIDE LAW LIBRARY MATERIALS INCLUDING MICHIGAN COMPILED LAWS, MICHIGAN STATE AND FEDERAL CASES, AND U.S. SIXTH CIRCUIT COURT CASES.

(C) NOT TRANSFER A PRISONER WHO HAS A SIGNIFICANT MEDICAL OR MENTAL HEALTH NEED.

(D) USE OBJECTIVE CRITERIA IN DETERMINING WHICH PRISONERS TO TRANSFER.

(4) UNLESS A PRISONER CONSENTS IN WRITING, A PRISONER TRANSFERRED UNDER THE INTERSTATE CORRECTIONS COMPACT DUE TO BED SPACE NEEDS SHALL NOT BE CONFINED IN ANOTHER STATE FOR MORE THAN 1 YEAR.

(5) A PRISONER WHO IS TRANSFERRED TO AN INSTITUTION OF ANOTHER STATE UNDER THIS SECTION SHALL RECEIVE ALL OF THE FOLLOWING WHILE IN THE RECEIVING STATE:

(A) MAIL SERVICES AND ACCESS TO THE COURT.

(B) VISITING AND TELEPHONE PRIVILEGES.

(C) OCCUPATIONAL AND VOCATIONAL PROGRAMS SUCH AS GED-ABE AND APPROPRIATE VOCATIONAL PROGRAMS FOR HIS OR HER LEVEL OF CUSTODY.

(D) PROGRAMS SUCH AS SUBSTANCE ABUSE PROGRAMS, SEX OFFENDER PROGRAMS, AND LIFE SKILLS DEVELOPMENT.

(E) ROUTINE AND EMERGENCY HEALTH CARE, DENTAL CARE, AND MENTAL HEALTH SERVICES." and renumbering the remaining subsection.

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

Rep. Freeman moved to amend the bill as follows:

1. Amend page 4, line 13, after "(3)" by striking out "EXCEPT AS PROVIDED IN SUBSECTION (4), THE" and inserting "The".

2. Amend page 4, line 16, by striking out all of subsection (4) and renumbering the remaining subsections.

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

Rep. Gagliardi 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

Senate Bill No. 838, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 11a, 51, and 56 (MCL 791.211a, 791.251, and 791.256), sections 11a and 56 as added by 1994 PA 93 and section 51 as amended by 1994 PA 217.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Wallace moved that consideration of the bill be postponed temporarily.

The motion prevailed.

The House returned to the consideration of

House Bill No. 4304, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

(The bill was considered earlier today, see today's Journal, p. 1426.)

The question being on the passage of the bill,

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 4, line 23, after "materials," by inserting "ARTWORK DOES NOT INCLUDE ANY MEDIA OR MATERIAL THAT INVOLVE OR DEPICT HOMOSEXUAL ACTS, SEXUAL INTERCOURSE, UNITED STATES FLAG DESECRATION, RELIGIOUS SYMBOL DESECRATION, OR HUMAN WASTE OR EXCREMENT.".

The motion was not seconded.

Rep. Gustafson moved to reconsider the vote by which the House did not second the amendment.

The motion did not prevail, a majority of the members present not voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 617 Yeas--74

Agee Curtis Jelinek Price

Alley Dalman Johnson Profit

Anthony DeHart Kelly Prusi

Baade Dobb Kilpatrick Quarles

Baird Fitzgerald LaForge Rhead

Bankes Frank Law Rison

Basham Gagliardi Leland Schauer

Bobier Galloway LeTarte Schermesser

Bodem Gilmer Llewellyn Schroer

Bogardus Gire London Scott

Brackenridge Godchaux Martinez Tesanovich

Brater Griffin Mathieu Thomas

Brewer Gubow McNutt Varga

Brown Gustafson Middleton Vaughn

Byl Hale Olshove Wallace

Callahan Hanley Owen Wetters

Cherry Harder Oxender Willard

Ciaramitaro Hertel Parks Wojno

Crissman Hood

Nays--28

Birkholz Green McBryde Rocca

Cassis Hammerstrom McManus Sanborn

Cropsey Horton Middaugh Scranton

DeVuyst Jansen Nye Sikkema

Geiger Kaza Perricone Voorhees

Gernaat Kukuk Raczkowski Walberg

Goschka Lowe Richner Whyman

In The Chair: DeHart

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 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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.

Reps. Anthony, Bankes, Basham, Brewer, Callahan, Cherry, DeHart, Dobb, Gagliardi, Gilmer, Gire, Gubow, Hale, Johnson, Kelly, Kilpatrick, Middleton, Parks, Prusi, Schauer, Schermesser, Scott, Varga, Vaughn, Wallace and Wetters were named co-sponsors of the bill.

Rep. Cropsey moved that his name be removed as co-sponsor of the bill.

______

Rep. McBryde, 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:

I voted 'no' on HB 4304 because the bill strips out all previously approved language that restricts what can be defined as 'art'. With no restrictions on art, desecrations of religious symbols, the American flag as well as various ethnic groups can all be passed off as art. Since we are dealing here with taxpayers dollars. I do believe we should have restrictions on what is considered to be 'art'. For this reason, Mr. Speaker, I voted against HB 4304."

The House returned to the consideration of

Senate Bill No. 838, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 11a, 51, and 56 (MCL 791.211a, 791.251, and 791.256), sections 11a and 56 as added by 1994 PA 93 and section 51 as amended by 1994 PA 217.

(The bill was considered earlier today, see today's Journal, p. 1428.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 618 Yeas--86

Agee DeVuyst Jelinek Owen

Alley Dobb Jellema Oxender

Anthony Fitzgerald Johnson Perricone

Baade Frank Kaza Prusi

Bankes Freeman Kelly Raczkowski

Basham Gagliardi Kukuk Rhead

Birkholz Galloway Law Richner

Bobier Geiger Leland Rison

Bodem Gernaat LeTarte Rocca

Bogardus Gilmer Llewellyn Sanborn

Brackenridge Gire London Schauer

Brown Godchaux Lowe Schermesser

Byl Goschka Mans Scranton

Callahan Green Mathieu Sikkema

Cassis Griffin McBryde Tesanovich

Cherry Gubow McManus Thomas

Ciaramitaro Gustafson McNutt Voorhees

Crissman Hammerstrom Middaugh Walberg

Cropsey Harder Middleton Wetters

Curtis Hertel Nye Whyman

Dalman Horton Olshove Willard

DeHart Jansen

Nays--19

Baird Hood Price Varga

Brater Kilpatrick Profit Vaughn

Brewer LaForge Quarles Wallace

Hale Martinez Schroer Wojno

Hanley Parks Scott

In The Chair: DeHart

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.

Rep. Vaughn, 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:

I rise to register my opposition to SB 838 and the reason for my no vote.

Michigan has become a penal colony because of the myopic views of the Department of Corrections and other who think jailing someone is better than crime prevention. Our prisons are over crowded because of technical parole violations, too many lifetime sentences for crimes that should be classed as illnesses such as the G 50 lifer law and other short sighted laws and rules.

Many inmates who should be free as a result of the 1980 Aaron decision are still in jail even though their Constitutional rights may have been violated.

Now the Department wants to send prisoners out of state. This is quite similar to the old slave auctions where slaves went to the highest bidders. How sad! The state has already been halted from sending youth prisoners out of state. Now this body wants to make it lawful to do so. It is not right. It is a waste of tax money.

This state is fast becoming the Gulag Archipelago of the old Soviet Union where prisoners were sent away forever. We can do better than that and that is why I oppose this legislation.

Crime is down across the state so the question citizens should ask is why so many people are still going to jail and why so few are released.

The answer must be that prisons are the new industry for the 21st Century. We have given up our manufacturing capacity to foreign countries so the only big money making operation left is prisons.

We're all in jail when we can't see the truth of our mistakes.

Only the truth will make us free!"

______

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, June 16, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Cassis, McBryde, Scranton, Kelly, Thomas, Scott, Dobronski, Anthony, Hale, DeHart, Perricone, Baade, Cherry, Vaughn, Jelinek, Tesanovich, Profit, Goschka, London, Freeman, Bodem, Gernaat, Crissman, Hanley, LaForge, Fitzgerald, Hammerstrom, McNutt, Jellema, Bogardus, Rhead, Voorhees, Gubow, Parks, Horton, Jansen, Green, Dobb and Oxender offered the following resolution:

House Resolution No. 319.

A resolution commemorating the distinguished career of Wixom Police Chief Lawrence H. Holland upon his retirement.

Whereas, It is with gratitude and admiration that we salute Chief Lawrence H. Holland of the Wixom Police Department Police Department upon the occasion of his retirement. As someone who has taken on one of society's most difficult tasks each day throughout his career, Chief Holland has earned the respect of the entire City of Wixom and all of Michigan; and

Whereas, With over thirty years of law enforcement experience, Chief Holland has been a key contributor to the order and justice that distinguishes our country from most of the world. With a personal respect for the law and a strong personal sense of duty, this dedicated professional has demonstrated profound courage; and

Whereas, Chief Holland is the recipient of: four Departmental Citations from the Detroit Police Department, Meritorious Service Citations, three Chief's Merit Awards, Detroit Ambassador-Key to the City Award, International Society of Crime Prevention Practitioners Crime Prevention Unit of the Year for 1985 Award, Key Award to Mini-Station Section for the Southeastern Michigan Boys' and Girls' Clubs, and International Society of Crime Prevention Practitioners George B. Sunderland Award for Outstanding Practitioner of the Year for 1986. Coupled with many professional associations and volunteer community services, Chief Holland is a proven asset to his community; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body hereby honor Chief Lawrence H. Holland of the Wixom Police Department as he retires following over thirty years of outstanding service as a law enforcement official. We offer our best wishes to Chief Lawrence H. Holland and his family for the health and happiness he has truly earned; and be it further

Resolved, That a copy of this resolution be transmitted to Chief Holland as a symbol of our respect for his fine service.

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.

Reps. Middaugh, Birkholz, McBryde, Scranton, Kelly, Thomas, Scott, Dobronski, Anthony, Hale, DeHart, Perricone, Cherry, Vaughn, Kilpatrick, Jelinek, Tesanovich, Profit, Goschka, Brater, London, Freeman, Bodem, Gernaat, Crissman, Hanley, LaForge, Fitzgerald, Hammerstrom, McNutt, Jellema, Bogardus, Rhead, Voorhees, Gubow, Parks, Cassis, Horton, Jansen, Green, Dobb and Oxender offered the following resolution:

House Resolution No. 320.

A resolution to recognize Ratcliffe Field as one of the oldest high school athletic fields in the State of Michigan.

Whereas, It is a special privilege to recognize Ratcliffe Field, one of the oldest high school athletic fields in the State of Michigan, dating back to its first use in the spring of 1916; and

Whereas, Ratcliffe Field is named in honor of W.A. Ratcliffe, one of South Haven's Live Wire Public Spirited Business Men. Mr. Ratcliffe embodied the spirit of athletics and served as a fine example for the South Haven community; and

Whereas, The first contests were held on Ratcliffe Field in 1916, which was remodeled in 1930. Arkins Fieldhouse was added in 1950 and the field was updated in 1976. Ratcliffe Field was deeded to the South Haven School System in 1980, providing a unique setting for high school sports; and

Whereas, This milestone offers us an opportunity to acknowledge the tremendous asset of Ratcliffe Field to the people of the South Haven area, both past and present; and

Whereas, The tradition of sports in the development of our youth is notable. Since 1916, Ratcliffe Field has provided an outlet to young people who have, in turn, utilized their athletic training to develop the leadership to better the world around them; now, therefore, be it

Resolved by the House of Representatives, That this resolution be dedicated to recognize Ratcliffe Field as one of the oldest high school athletic fields in the state, dating back to its first use in the spring of 1916. May we congratulate the athletes and the entire community on this milestone.

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.

Reps. Scott, Kelly, Thomas, Dobronski, Anthony, Hale, DeHart, Baade, Cherry, Vaughn, Kilpatrick, Jelinek, Tesanovich, Profit, Goschka, Brater, London, Freeman, Bodem, Gernaat, Crissman, Hanley, LaForge, Jellema, Bogardus, Voorhees, Gubow, Murphy, Parks, Jansen, Green, Dobb and Oxender offered the following resolution:

House Resolution No. 321.

A resolution to honor Reverend George Lee Burton on his 50th pastoral anniversary.

Whereas, It is a pleasure and a privilege to honor Reverend George Lee Burton of Nazarene Missionary Baptist Church in Detroit, Michigan, as he celebrates his 50th pastoral anniversary. Throughout his many years as a reverend, he has been both a spiritual leader and a friend to his parishioners; and

Whereas, Reverend Burton was born in Montgomery, Alabama on July 16, 1910 and ordained in 1946 at the Nazarene Missionary Baptist Church, where he has been shepherd of the flock for 50 years. His faithful commitment to the Nazarene is evident not only by the many positive relationships he has nurtured within the community, but also by the accomplishments he has achieved through capably handling many additional duties and responsibilities, such as: Financial Secretary, Recording Secretary, and Vice President of the Detroit Council of Baptist Pastors, Treasurer of the B.M. & E. State Convention, the Michigan District Women's Auxiliary, and the Michigan District Congress, School Board Member, President of the Fellowship of Baptist Ministers, mentor to many young Michigan ministers and lifetime member of the NAACP; and

Whereas, The initiative with which God has blessed Reverend Burton has not gone untapped. As implementor and benefactor of the Detroit Prison Fellowship Program, the life Choice Program, and the Northend Community Outreach Program, it is well known that the people of his community are important to him. He has addressed their concerns, given wise counsel, and assumed prominent and caring roles for the benefit of all; now, therefore, be it

Resolved by the House of Representatives, That we are indeed grateful to honor Reverend George Lee Burton as he celebrates his 50th pastoral anniversary. Our great state is blessed with his many contributions to its people and we are most pleased that, of all the places in the world, he chose Michigan for his heavenly mission; and be it further

Resolved, That copy of this resolution be transmitted to Reverend Burton as a symbol of our esteem.

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.

Reps. Thomas, Dobb, Scranton, McNutt, Richner, Kelly, Parks, Hale and Kilpatrick offered the following concurrent resolution:

House Concurrent Resolution No. 110.

A concurrent resolution to urge the Congress of the United States to consider legislation amending the Social Security Act to authorize issuance of waivers to states allowing design and implementation of alternative retirement plans.

Whereas, Social Security is a federal program that concerns the individual retirement needs of many Americans; and

Whereas, Social Security tax revenues alone will be insufficient to pay current benefits as early as the year 2012; and

Whereas, The Social Security Trust Fund may be completely exhausted by the year 2029; and

Whereas, The investment return on Social Security contributions made by many workers today is significantly below that available from other sources; and

Whereas, Michigan workers deserve the opportunity to invest more productively for their own retirements; and

Whereas, More retirement investment alternatives might dramatically increase the savings rate of Michigan citizens and retain more young adults who would otherwise leave the state for jobs elsewhere; and

Whereas, The state of Michigan has demonstrated an adept ability to manage successfully the investments of its own retirement systems; and

Whereas, The federal government has recognized Michigan's ability to develop successful alternatives for managing programs at the state level through waivers; and

Whereas, The Clinton administration is considering various innovations to help preserve Social Security; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Congress of the United States to consider legislation amending the Social Security Act to authorize issuance of waivers to states allowing design and implementation of alternative retirement plans; and be it further

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

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

Reports of Standing Committees

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

House Bill No. 5287, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86.

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 5287 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wetters, Wojno, Perricone, Brackenridge, Dobb, Goschka, Middleton,

Nays: Rep. Agee.

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

House Bill No. 5801, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 39 (MCL 211.39).

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 5801 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Wetters, Wojno, Perricone, Brackenridge, Dobb, Middleton,

Nays: None.

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

House Bill No. 5892, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 6 (MCL 208.6) and by adding section 21b.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5892 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

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

House Bill No. 5909, 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 27a (MCL 205.27a), as amended by 1993 PA 14.

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 5909 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

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

Senate Bill No. 105, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 105 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

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

Senate Bill No. 106, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 106 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 10, 1998, at 8:00 a.m.,

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

Absent: Reps. Hanley, Palamara, Whyman,

Excused: Rep. Hanley.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5831, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2851 (MCL 333.2851), as added by 1996 PA 284.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5831 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5832, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1804, 1809, and 1811 (MCL 339.1804, 339.1809, and 339.1811); and to repeal acts and parts of acts.

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 5832 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5833, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending sections 2, 9, 12, 12a, 16, 18, and 21 (MCL 456.522, 456.529, 456.532, 456.532a, 456.536, 456.538, and 456.541), as amended by 1982 PA 132, and by adding sections 2b, 2c, 2d, 12b, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, 16i, and 16j.

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 5833 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5834, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending sections 4, 5, 6, 8, 12, 13, 15, 18, 19, and 24 (MCL 328.214, 328.215, 328.216, 328.218, 328.222, 328.223, 328.225, 328.228, 328.229, and 328.234) and by adding sections 12a, 12b, 12c, 12d, 12e, and 12f.

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 5834 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5838, entitled

A bill to amend 1871 PA 164, entitled "An act to provide for vacating cemetery plats and cemetery grounds in the limits of incorporated cities and villages," by amending the title and sections 1 and 3 (MCL 128.41 and 128.43).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5838 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5839, entitled

A bill to amend 1929 PA 297, entitled "An act to provide for vacating private and public cemetery plats and cemetery grounds in the limits of incorporated cities and villages and to provide for the acquisition by said cities and villages of the cemetery grounds and plats vacated hereunder," by amending sections 1, 2, and 5 (MCL 128.51, 128.52, and 128.55).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5839 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5887, entitled

A bill to amend 1982 PA 528, entitled "An act to authorize the department of natural resources to convey certain state owned property in Sanilac county; and to prescribe conditions for the conveyance," by adding section 2a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5887 To Report Out:

Yeas: Reps. Varga, Wojno, Quarles, Scott, Fitzgerald, Richner, Rocca, Sanborn, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5905, entitled

A bill to amend 1895 PA 49, entitled "An act to provide for vacating cemeteries in townships," by amending the title and sections 1, 3, and 4 (MCL 128.31, 128.33, and 128.34), sections 1 and 4 as amended by 1980 PA 367.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5905 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, June 11, 1998, at 8:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees.

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Bill No. 5894, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding the part heading to part 362 and sections 36201, 36202, and 36203.

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 5894 To Report Out:

Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Green, DeVuyst, Gernaat, Horton, Jelinek,

Nays: Rep. Nye.

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Bill No. 5895, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, and 36207.

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 5895 To Report Out:

Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 11, 1998, at 8:30 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, June 9:

Senate Bill No. 1175

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 11:

House Bill Nos. 5916 5917 5918 5919 5920 5921 5922

The Clerk announced that the following Senate bills had been received on Thursday, June 11:

Senate Bill Nos. 649 837 1009 1010 1163 1164 1165 1166 1173 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4738, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 251 (MCL 257.251), as amended by 1993 PA 300.

The Senate has appointed Senators Schuette, Cisky and Peters as conferees to join with Reps. Alley, Griffin and Rhead.

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 4740, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 2, 3, 5, 13, and 14 (MCL 445.1562, 445.1563, 445.1565, 445.1573, and 445.1574), section 2 as amended by 1983 PA188, and by adding section 22a.

The Senate has appointed Senators Schuette, Cisky and Peters as conferees to join with Reps. Alley, Griffin and Hale.

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The Senate has appointed Senators Cisky, Hoffman and Vaughn as conferees to join with Reps. Schauer, Hale and McBryde.

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 5487, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1997 PA 122.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5580, 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 28 (MCL 205.28), as amended by 1993 PA 13, and by adding section 30c.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4328, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending sections 3 and 10 (MCL 474.53 and 474.60), section 3 as amended by 1984 PA 210 and section 10 as amended by 1993 PA 28.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 295, entitled "An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of a fund; and to provide for appropriations," by amending sections 2, 10, and 17 (MCL 474.52, 474.60, and 474.67), section 2 as amended by 1984 PA 210, section 10 as amended by 1993 PA 28, and section 17 as amended by 1993 PA 16, and by adding sections 10a, 10b, 10c, 10d, 10e, 10f, and 10g; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 4535, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 601 (MCL 339.601), as amended by 1994 PA 400.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 601 (MCL 339.601), as amended by 1994 PA 400, and by adding section 601a.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 4910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 52 (MCL 208.52).

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30306, 30307, and 30317 (MCL 324.30306, 324.30307, and 324.30317), section 30306 as added by 1995 PA 59, section 30307 as amended by 1995 PA 103, and section 30317 as amended by 1996 PA 530.

The Senate has amended the bill as follows:

1. Amend page 8, following line 5, after "YEAR AND" by inserting "AN EVALUATION OF THE CURRENT STATUTORY AND DEPARTMENT RULES, BULLETINS, AND LETTERS DEFINITION OF A WETLAND AND ANY APPROPRIATE CHANGES TO THAT DEFINITION IN THE FIRST REPORT SUBMITTED TO THE LEGISLATURE UNDER THIS SECTION".

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5185, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," (MCL 436.1 to 436.58) by adding section 18b.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," (MCL 436.1101 to 436.2303) by adding section 1101a.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5280, entitled

A bill to prohibit the switching of a customer's telecommunications provider without the authorization of the customer; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

The Senate has substituted (S-6) the bill.

The Senate has passed the bill as substituted (S-6), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," (MCL 484.2101 to 484.2604) by adding section 505.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5346, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending section 5 (MCL 446.205).

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending sections 5, 9, 10, 11, and 14 (MCL 446.205, 446.209, 446.210, 446.211, and 446.214); and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5399, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501, 61524, and 61525 (MCL 324.61501, 324.61524, and 324.61525), as added by 1995 PA 57, and by adding sections 61506a, 61525a, and 61525b.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 61501, 61524, and 61525 (MCL 324.61501, 324.61524, and 324.61525), section 61501 as amended by 1998 PA 115 and sections 61524 and 61525 as added by 1995 PA 57, and by adding sections 61506a, 61525a, and 61525b.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 599, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending section 1 (MCL 257.1401).

The Senate has passed the bill.

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

Senate Bill No. 649, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10A.

The Senate has passed the bill.

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

Senate Bill No. 767, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43516, 73101, 73102, 73109, and 73110 (MCL 324.43516, 324.73101, 324.73102, 324.73109, and 324.73110), section 43516 as added by 1995 PA 57 and sections 73101, 73102, 73109, and 73110 as added by 1995 PA 58.

The Senate has passed the bill.

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

Senate Bill No. 768, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701, 8401a, and 8424 (MCL 600.4701, 600.8401a, and 600.8424), section 4701 as amended by 1997 PA 156, section 8401a as added by 1984 PA 278, and section 8424 as amended by 1991 PA 192.

The Senate has passed the bill.

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

Senate Bill No. 837, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 506.

The Senate has passed the bill.

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

Senate Bill No. 860, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 27, 27a, 27b, 68, 68a, and 68b of chapter X (MCL 710.27, 710.27a, 710.27b, 710.68, 710.68a, and 710.68b), section 27 as amended and sections 27a and 27b as added by 1994 PA 208 and sections 68, 68a, and 68b as amended by 1994 PA 373.

The Senate has passed the bill.

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

Senate Bill No. 1009, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

The Senate has passed the bill.

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

Senate Bill No. 1010, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA36, and by adding section 605.

The Senate has passed the bill.

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

Senate Bill No. 1030, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 906.

The Senate has passed the bill.

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

Senate Bill No. 1054, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 13 (MCL 211.13) and by adding section 8c.

The Senate has passed the bill.

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

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43534 (MCL 324.43534), as added by 1995 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 1096, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9f.

The Senate has passed the bill.

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

Senate Bill No. 1136, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan council act," by amending sections 3, 5, 7, 9, 11, 19, 21, and 33 (MCL 124.653, 124.655, 124.657, 124.659, 124.661, 124.669, 124.671, and 124.683).

The Senate has passed the bill.

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

Senate Bill No. 1148, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 1996 PA 167.

The Senate has passed the bill.

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

Senate Bill No. 1158, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4 (MCL 205.54), as amended by 1993 PA 325.

The Senate has passed the bill.

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

Senate Bill No. 1163, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 84.

The Senate has passed the bill.

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

Senate Bill No. 1164, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 3b.

The Senate has passed the bill.

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

Senate Bill No. 1165, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 403.

The Senate has passed the bill.

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

Senate Bill No. 1166, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 2b.

The Senate has passed the bill.

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

Senate Bill No. 1173, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1992 PA 238.

The Senate has passed the bill.

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

Senate Bill No. 1181, entitled

A bill to amend 1971 PA 140, entitled "State revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), section 11 as amended by 1996 PA 468 and section 13 as amended by 1996 PA 342; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1183, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 55, 115b, 116, 117a, and 117c (MCL 400.55, 400.115b, 400.116, 400.117a, and 400.117c), section 55 as amended by 1987 PA 266, sections 115b and 117a as amended by 1988 PA 75, and section 117c as amended by 1988 PA 223, and by adding sections 115o and 117g.

The Senate has passed the bill.

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

Senate Bill No. 1184, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending the title and sections 2, 3, 4, 5, 6, 6a, 7, 7a, and 8 (MCL 803.302, 803.303, 803.304, 803.305, 803.306, 803.306a, 803.307, 803.307a, and 803.308), the title as amended and section 7a as added by 1996 PA 512, sections 2, 5, and 7 as amended by 1996 PA417, section 4 as amended by 1988 PA 76, and section 6a as added by 1996 PA 481, and by adding section 2a.

The Senate has passed the bill.

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

Senate Bill No. 1185, entitled

A bill to allow counties to authorize acceptance of certain juveniles committed to their care and responsibility; to prescribe the procedure and effect of that authorization; and to prescribe powers, duties, and obligations of those counties.

The Senate has passed the bill.

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

Senate Bill No. 1186, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1998 PA 34, and by adding section 5b.

The Senate has passed the bill.

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

Senate Bill No. 1187, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 1, 2, 2d, 8, 16, 18, 18a, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.16, 712A.18, 712A.18a, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 16, and 28 as amended by 1996 PA 409, section 2d as added by 1996 PA 244, section 18 as amended by 1997 PA 163, and section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA.

The Senate has passed the bill.

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

Senate Bill No. 1188, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter I, section 1f of chapter IV, section 14 of chapter VI, sections 1, 1b, and 28 of chapter IX, and sections 1, 2, 2a, 3, 3a, 3c, 4, 5, 7, and 14a of chapter XI, (MCL 761.1, 764.1f, 766.14, 769.1, 769.1b, 769.28, 771.1, 771.2, 771.2a, 771.3, 771.3a, 771.3c, 771.4, 771.5, 771.7, and 771.14a), section 1 of chapter I and section 14 of chapter VI as amended by 1996 PA418, section 1f of chapter IV as amended by 1996 PA 255, section 1 of chapter IX as amended by 1996 PA 248, section 1b of chapter IX and section 7 of chapter XI as amended by 1996 PA 247, section 28 of chapter IX and sections 3a, 4, and 5 of chapter XI as amended and section 14a of chapter XI as added by 1988 PA 78, sections 1 and 3c of chapter XI as amended by 1993 PA 185, section 2 of chapter XI as amended by 1994 PA 286, section 2a of chapter XI as added by 1992 PA 251, and section 3 of chapter XI as amended by 1994 PA 445.

The Senate has passed the bill.

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

Senate Bill No. 1189, entitled

A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending the title and sections 2, 3, 4, 5, 5a, and 6 (MCL 803.222, 803.223, 803.224, 803.225, 803.225a, and 803.226), sections 2 and 4 as amended by 1996 PA416 and section 5a as added by 1996 PA 511.

The Senate has passed the bill.

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

Senate Bill No. 1190, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending the title and section 3 (MCL 28.173), as amended by 1996 PA 508.

The Senate has passed the bill.

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

Senate Bill No. 1191, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 6, 13a, 20a, 31, 36, 41a, and 48 (MCL 780.752, 780.756, 780.763a, 780.770a, 780.781, 780.786, 780.791a, and 780.798), sections 2, 6, and 36 as amended and sections 13a, 20a, and 41a as added by 1993 PA 341, section 31 as amended by 1996 PA 82, and section 48 as amended by 1996 PA 105.

The Senate has passed the bill.

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

Senate Bill No. 1192, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 498c and 498d (MCL 330.1498c and 330.1498d), as amended by 1995 PA 290.

The Senate has passed the bill.

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

Senate Bill No. 1193, entitled

A bill to amend 1935 PA 220, entitled "An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act," by amending section 7 (MCL 400.207), as amended by 1980 PA 306.

The Senate has passed the bill.

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

Senate Bill No. 1194, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 186a (MCL 750.186a), as added by 1996 PA 256.

The Senate has passed the bill.

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

Senate Bill No. 1195, entitled

A bill to amend 1996 PA 263, entitled "Juvenile boot camp act," by amending sections 2, 3, 4, 5, 6, and 7 (MCL 400.1302, 400.1303, 400.1304, 400.1305, 400.1306, and 400.1307).

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 90.

A concurrent resolution to urge the United States Department of Agriculture to expedite the delivery of financial assistance for crop damage in western Michigan.

Whereas, Winds in excess of 100 miles per hour and driving rains in the early morning hours of May 31 devastated several areas of Michigan. In the western portions of the state, especially in the regions with fruit growing operations, as many as 120,000 trees were destroyed or damaged, ruining the hopes of many farmers for this year and much of the next decade; and

Whereas, Steps are being taken to cope with the storm damage to agriculture. The governor has declared several counties as natural disaster areas, and federal officials are evaluating the extent of the destruction. Local units of government and power companies have worked hard to restore essential services; and

Whereas, The damage to crops, especially fruit operations, is extensive, particularly in Ottawa, Kent, and Muskegon Counties. The involvement of the federal government, through the Farm Service Agency of the United States Department of Agriculture, may be the only way to protect resources that are very significant not only to the individual farmers, but also to agriculture in the area; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Department of Agriculture to expedite the delivery of financial assistance for crop damage in western Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Farm Service Agency of the United States Department of Agriculture.

The has Senate adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Agriculture.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5594, Reps. Harder, Hale, and Jellema.

Communications from State Officers

The following communication from the Workforce Development Board of the Northeast Michigan Consortium-Michigan Works! was received and read:

June 8, 1998

The Workforce Development Board of the Northeast Michigan Consortium has prepared the final Welfare to Work Plan for Program Year 1998. The total amount of Program Funds for three program years is $694,269.00.

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

Sincerely,

Terry L. Basel

Program Coordinator

The communication was referred to the Clerk.

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

June 10, 1998

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

Performance Audit of the

State Administrative Board

Department of Management and Budget

June 1998

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Reps. Ciaramitaro, Rison, Emerson, LaForge, Price and Martinez introduced

House Bill No. 5927, entitled

A bill to establish a living wage requirement for business entities that receive state funds; to impose certain duties on certain departments and state officers; and to prescribe remedies and penalties.

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

Rep. Ciaramitaro introduced

House Bill No. 5928, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a.

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

Rep. Gubow introduced

House Bill No. 5929, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 531 (MCL 257.531).

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

Reps. Kaza and Galloway introduced

House Bill No. 5930, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 4 (MCL 207.624).

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

Rep. Harder introduced

House Bill No. 5931, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 6 and 9b (MCL 117.6 and 117.9b), section 6 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465.

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

Reps. Basham, Hale, Bogardus, Anthony, Kelly, LaForge, Cherry, Scott and Stallworth introduced

House Bill No. 5932, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2140.

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

Reps. Basham, Anthony, Kelly, Stallworth, LaForge, Parks, Cherry, Scott and Schauer introduced

House Bill No. 5933, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 506a.

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

Reps. Basham, Hale, Anthony, Bogardus, Kelly, Stallworth, LaForge, Parks, Cherry, Scott and Schauer introduced

House Bill No. 5934, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 12.

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

Rep. Kukuk introduced

House Bill No. 5935, entitled

A bill to amend 1970 PA 74, entitled "Corner recordation act," by amending sections 2, 3, 6, 7, 8, 10, 13, and 14 (MCL 54.202, 54.203, 54.206, 54.207, 54.208, 54.210, 54.210c, and 54.210d), sections 2, 6, 8, 13, and 14 as amended by 1988 PA 26; and to repeal acts and parts of acts.

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

Rep. Kukuk introduced

House Bill No. 5936, entitled

A bill to amend 1970 PA 132, entitled "An act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey," by amending sections 1, 2, and 3 (MCL 54.211, 54.212, and 54.213), section 2 as amended by 1988 PA 24 and section 3 as amended by 1992 PA 183, and by adding section 1a.

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

Rep. Wallace introduced

House Bill No. 5937, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 601, 841, 861, and 1517 (MCL 600.601, 600.841, 600.861, and 600.1517), as amended by 1996 PA 388; and to repeal acts and parts of acts.

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

Rep. Middaugh introduced

House Bill No. 5938, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.

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

______

Rep. Geiger moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

Acting Speaker DeHart declared the House adjourned until Tuesday, June 16, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.