No. 64

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature


REGULAR SESSION OF 1998


House Chamber, Lansing, Thursday, June 25, 1998.

10:00 a.m.

The House was called to order by Acting Speaker DeHart.

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--e/d/s

Dobronski--present

Emerson--e/d/s

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--excused

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--e/d/s

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--e/d/s

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--e/d/s

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--e/d/s

Nye--e/d/s

Olshove--present

Owen--present

Oxender--excused

Palamara--e/d/s

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--excused

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--e/d/s

Whyman--e/d/s

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Ted Wallace, from the 5th District, offered the following invocation:

"Almighty God, creator of the heavens and the earth, thank You for giving us life. You gave us the will to love and to hate. You gave us the will to do good and to do evil. As we set about today in this legislative session and for the rest of the year to do Your work here on earth, please touch our hearts that we will love and not hate and that we will do good. Amen."

______

Rep. Dobronski moved that Reps. Rison and Gagliardi be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Notices

June 25, 1998

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

______

Rep. Anthony moved that Rep. Prusi be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 726, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7212 (MCL 333.7212), as amended by 1993 PA 25.

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

Roll Call No. 727 Yeas--96

Agee DeVuyst Johnson Profit

Alley Dobronski Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Rhead

Bankes Galloway LaForge Richner

Basham Geiger Law Rocca

Birkholz Gernaat Leland Sanborn

Bobier Gilmer LeTarte Schauer

Bodem Gire Llewellyn Schermesser

Bogardus Godchaux London Schroer

Brackenridge Goschka Lowe Scott

Brater Griffin Mans Scranton

Brown Gubow Martinez Sikkema

Byl Gustafson Mathieu Stallworth

Callahan Hale McManus Tesanovich

Cassis Hammerstrom McNutt Thomas

Cherry Hanley Middaugh Varga

Ciaramitaro Harder Middleton Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Curtis Horton Parks Wallace

Dalman Jelinek Perricone Willard

DeHart Jellema Price Wojno

Nays--0

In The Chair: DeHart

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title.

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

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

______

Reps. McBryde, Green and Dobb entered the House Chambers.

House Bill No. 4866, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, 8148, and 8152 (MCL 600.821, 600.822, 600.8148, and 600.8152), section 821 as amended by 1996 PA 388, section 822 as amended by 1996 PA 374, and section 8152 as amended by 1990 PA 54.

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

Roll Call No. 728 Yeas--90

Agee DeVuyst Jellema Perricone

Alley Dobb Johnson Price

Anthony Dobronski Kelly Profit

Baade Fitzgerald Kilpatrick Prusi

Baird Frank Kukuk Quarles

Bankes Freeman LaForge Raczkowski

Basham Galloway Law Rhead

Birkholz Geiger Leland Rocca

Bobier Gernaat LeTarte Sanborn

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin McBryde Sikkema

Callahan Gubow McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Crissman Hanley Middleton Voorhees

Cropsey Harder Olshove Walberg

Curtis Hood Owen Wallace

Dalman Horton Parks Wojno

DeHart Jelinek

Nays--3

Gustafson Kaza Richner

In The Chair: DeHart

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

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, and 8148 (MCL 600.821, 600.822, and 600.8148), section 821 as amended by 1996 PA 388 and section 822 as amended by 1996 PA 374, and by adding sections 810a and 8179.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Callahan moved that Rep. Tesanovich be excused temporarily from today's session.

The motion prevailed.

Rep. Wetters entered the House Chambers.

House Bill No. 5445, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356a, 412, 413, 415, 416, and 535a (MCL 750.356a, 750.412, 750.413, 750.415, 750.416, and 750.535a), section 535a as amended by 1988 PA 140, and by adding sections 535c and 535d.

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

Roll Call No. 729 Yeas--98

Agee Dobb Kaza Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kilpatrick Raczkowski

Baade Freeman Kukuk Rhead

Baird Galloway LaForge Richner

Bankes Geiger Law Rocca

Basham Gernaat Leland Sanborn

Birkholz Gilmer LeTarte Schauer

Bobier Gire Llewellyn Schermesser

Bodem Godchaux London Schroer

Bogardus Goschka Lowe Scott

Brackenridge Green Mans Scranton

Brater Griffin Mathieu Sikkema

Brewer Gubow McBryde Stallworth

Brown Gustafson McManus Tesanovich

Byl Hale McNutt Thomas

Callahan Hammerstrom Middaugh Varga

Cassis Hanley Middleton Vaughn

Cherry Harder Olshove Voorhees

Crissman Hertel Owen Walberg

Cropsey Hood Parks Wallace

Curtis Horton Perricone Wetters

Dalman Jelinek Price Willard

DeHart Jellema Profit Wojno

DeVuyst Johnson

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356a, 412, 413, 415, 416, and 535a (MCL 750.356a, 750.412, 750.413, 750.415, 750.416, and 750.535a), section 535a as amended by 1988 PA 140, and by adding section 535c.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Nye entered the House Chambers.

House Bill No. 5447, entitled

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 22 (MCL 257.1322), as amended by 1988 PA 254.

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

Roll Call No. 730 Yeas--100

Agee DeVuyst Jellema Price

Alley Dobb Johnson Profit

Anthony Dobronski Kaza Prusi

Baade Fitzgerald Kelly Raczkowski

Baird Frank Kilpatrick Rhead

Bankes Freeman Kukuk Richner

Basham Galloway LaForge Rocca

Birkholz Geiger Law Sanborn

Bobier Gernaat Leland Schauer

Bodem Gilmer LeTarte Schermesser

Bogardus Gire Llewellyn Schroer

Brackenridge Godchaux London Scott

Brater Goschka Lowe Scranton

Brewer Green Martinez Sikkema

Brown Griffin Mathieu Stallworth

Byl Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Ciaramitaro Hanley Middleton Voorhees

Crissman Harder Nye Walberg

Cropsey Hertel Olshove Wallace

Curtis Hood Owen Wetters

Dalman Horton Parks Willard

DeHart Jelinek Perricone Wojno

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending sections 2, 2a, and 22 (MCL 257.1302, 257.1302a, and 257.1322), sections 2 and 22 as amended and section 2a as added by 1988 PA 254.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Emerson entered the House Chambers.

House Bill No. 5468, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 249, 254, and 303 (MCL 257.249, 257.254, and 257.303[1]), section 249 as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 303 as amended by 1996 PA 587, and by adding section 254a.

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

Roll Call No. 731 Yeas--100

Agee Dobb Jellema Price

Alley Dobronski Johnson Profit

Anthony Emerson Kaza Prusi

Baade Fitzgerald Kelly Quarles

Baird Frank Kilpatrick Raczkowski

Bankes Freeman Kukuk Rhead

Basham Galloway LaForge Richner

Birkholz Geiger Law Rocca

Bobier Gernaat Leland Sanborn

Bodem Gilmer LeTarte Schauer

Bogardus Gire Llewellyn Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale McNutt Thomas

Ciaramitaro Hammerstrom Middaugh Varga

Crissman Hanley Middleton Vaughn

Cropsey Harder Nye Voorhees

Curtis Hertel Olshove Walberg

Dalman Hood Owen Wallace

DeHart Horton Parks Willard

DeVuyst Jelinek Perricone Wojno

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 27a, 249, 249a, 254, and 732 (MCL 257.27a, 257.249, 257.249a, 257.254, and 257.732), sections 27a, 249, and 249a as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 732 as amended by 1996 PA 493, and by adding section 254a.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Palamara entered the House Chambers.

House Bill No. 5792, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 22.

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

Roll Call No. 732 Yeas--92

Alley Emerson Johnson Perricone

Anthony Fitzgerald Kelly Price

Baade Frank Kilpatrick Prusi

Bankes Freeman Kukuk Quarles

Basham Galloway LaForge Raczkowski

Birkholz Geiger Law Rhead

Bobier Gernaat Leland Richner

Bodem Gilmer LeTarte Rocca

Bogardus Gire Llewellyn Sanborn

Brackenridge Godchaux London Schauer

Byl Goschka Lowe Schermesser

Callahan Green Mans Scott

Cassis Griffin Martinez Scranton

Cherry Gubow Mathieu Sikkema

Ciaramitaro Hale McBryde Stallworth

Crissman Hammerstrom McManus Thomas

Cropsey Hanley McNutt Varga

Curtis Harder Middaugh Vaughn

Dalman Hertel Middleton Voorhees

DeHart Hood Nye Walberg

DeVuyst Horton Olshove Wallace

Dobb Jelinek Owen Wetters

Dobronski Jellema Palamara Wojno

Nays--9

Baird Gustafson Profit Tesanovich

Brewer Kaza Schroer Willard

Brown

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Reps. Birkholz, DeVuyst, Fitzgerald, Gernaat, Green, Horton, McBryde, Middaugh, Rhead, Scott and Vaughn were named co-sponsors of the bill.

House Bill No. 5793, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9310, 9311, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9306, 324.9307, 324.9308, 324.9310, 324.9311, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9314; and to repeal acts and parts of acts.

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

Roll Call No. 733 Yeas--99

Alley Dobronski Kelly Profit

Anthony Fitzgerald Kilpatrick Prusi

Baade Frank Kukuk Quarles

Baird Freeman LaForge Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rocca

Bobier Gilmer Llewellyn Sanborn

Bodem Godchaux London Schauer

Bogardus Goschka Lowe Schermesser

Brackenridge Green Mans Schroer

Brater Griffin Martinez Scott

Brewer Gubow Mathieu Scranton

Brown Gustafson McBryde Sikkema

Byl Hale McManus Tesanovich

Callahan Hammerstrom McNutt Thomas

Cassis Hanley Middaugh Varga

Cherry Harder Middleton Vaughn

Crissman Hertel Nye Voorhees

Cropsey Hood Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jelinek Palamara Wetters

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

Dobb Kaza Price

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9307, 9308, 9310, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9307, 324.9308, 324.9310, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9304a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Murphy and Whyman entered the House Chambers.

Second Reading of Bills

House Bill No. 4670, entitled

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

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

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

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

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

House Bill No. 5709, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

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

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

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

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

Rep. Jansen entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1026, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 315, 319, and 323 (MCL 257.307, 257.315, 257.319, and 257.323), section 307 as amended by 1996 PA 205, section 319 as amended by 1996 PA 587, and section 323 as amended by 1994 PA 449, and by adding section 50a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Thomas moved that consideration of the bill be postponed for the day.

The motion prevailed.

House Bill No. 5752, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending sections 2 and 3 (MCL 41.722 and 41.723), as amended by 1995 PA 139.

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

Roll Call No. 734 Yeas--97

Agee Fitzgerald Kilpatrick Price

Alley Frank Kukuk Profit

Anthony Freeman LaForge Prusi

Baade Galloway Law Quarles

Baird Geiger Leland Raczkowski

Bankes Gernaat LeTarte Rhead

Basham Gilmer Llewellyn Richner

Birkholz Gire London Rocca

Bobier Godchaux Lowe Sanborn

Bodem Goschka Mans Schauer

Bogardus Green Martinez Schermesser

Brackenridge Gubow Mathieu Scott

Brewer Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Callahan Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Crissman Hood Murphy Vaughn

Cropsey Horton Nye Voorhees

Curtis Jansen Olshove Walberg

Dalman Jelinek Owen Wallace

DeHart Jellema Palamara Wetters

DeVuyst Johnson Parks Whyman

Dobb Kelly Perricone Wojno

Dobronski

Nays--3

Brown Kaza Willard

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Joint Resolution CC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article V to require a special election to fill a vacancy in the office of state senator or state representative under certain circumstances.

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

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

Rep. Schermesser moved that the joint resolution be placed on the order of Third Reading of Bills.

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

House Bill No. 4193, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9162.

The bill was read a second time.

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

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

House Bill No. 5072, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101, 5111, 5123, 5129, and 20191 (MCL 333.5101, 333.5111, 333.5123, 333.5129, and 333.20191), sections 5101, 5111, and 5123 as amended by 1994 PA 200, section 5129 as amended by 1995 PA 253, and section 20191 as amended by 1994 PA 419.

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

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

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

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

House Bill No. 5687, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 304 (MCL 331.1304), as amended by 1988 PA 502.

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

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

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

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

House Bill No. 5817, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 92A.

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

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

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

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

Senate Bill No. 862, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21528.

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

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

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

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

Senate Bill No. 1099, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 128, 129, and 131 (MCL 389.128, 389.129, and 389.131), as added by 1998 PA 51.

The bill was read a second time.

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

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

House Bill No. 5859, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 18.

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

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

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

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

House Bill No. 5044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2441 (MCL 600.2441).

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

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

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

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

House Bill No. 5880, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1137a.

The bill was read a second time.

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

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

House Bill No. 5881, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.

The bill was read a second time.

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

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

House Bill No. 5884, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.

The bill was read a second time.

Rep. Scott 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

Pending the Third Reading of

Senate Bill No. 606, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.

Rep. Thomas moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

Second Reading of Bills

Senate Bill No. 606, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.

Rep. Thomas moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Martinez.

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

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

Rep. Martinez withdrew the amendments.

Rep. Baade moved to amend the bill as follows:

1. Amend page 2, line 1, after "CLAIMED" by inserting "BEFORE JANUARY 1, 1998,".

2. Amend page 2, line 8, after "OWNER'S" by striking out "PROTEST" and inserting "PROTEST, AND THE PROPERTY OWNER SUBSEQUENTLY FILED AN APPEAL WITH THE MICHIGAN TAX TRIBUNAL AND THAT APPEAL WAS DENIED".

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

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

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

______

Rep. Crissman moved that Rep. Dobb be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 606, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.

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

Roll Call No. 735 Yeas--101

Agee Dobronski Johnson Profit

Alley Emerson Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Rhead

Bankes Galloway LaForge Richner

Basham Geiger Law Rocca

Birkholz Gernaat Leland Sanborn

Bobier Gilmer Llewellyn Schauer

Bodem Gire London Schermesser

Bogardus Godchaux Lowe Schroer

Brackenridge Goschka Mans Scott

Brater Green McBryde Sikkema

Brewer Griffin McManus Stallworth

Brown Gubow McNutt Tesanovich

Byl Gustafson Middaugh Thomas

Callahan Hale Middleton Varga

Cassis Hammerstrom Murphy Vaughn

Cherry Hanley Nye Voorhees

Ciaramitaro Harder Olshove Walberg

Crissman Hood Owen Wallace

Cropsey Horton Palamara Wetters

Curtis Jansen Parks Whyman

Dalman Jelinek Perricone Willard

DeHart Jellema Price Wojno

DeVuyst

Nays--2

Martinez Scranton

In The Chair: DeHart

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

______

Rep. Scranton, 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:

I voted No on this bill by error. I should have voted yes. I am glad my no vote did not cause this bill to be defeated."

Second Reading of Bills

House Bill No. 5248, entitled

A bill to amend 1913 PA 271, entitled "An act to create the Michigan historical commission; to provide for the appointment of members of the commission; to fix their terms of office, prescribe their powers and duties; to prescribe the powers and duties of certain state agencies and officers; to make an appropriation to carry out the provisions of this act; to provide for the distribution of certain revenue; to provide for the listing and destruction of useless documents, books and papers; and to repeal all acts and parts of acts inconsistent herewith," by amending section 4 (MCL 399.4), as amended by 1992 PA 190, and by adding section 4b.

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.

House Bill No. 5783, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Urban Policy and Economic Development,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

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

House Bill No. 5784, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 2 (MCL 493.52), as amended by 1997 PA 91.

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

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

Rep. Byl 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. Callahan moved that Rep. Tesanovich be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Thomas moved that House Bill No. 5783 be placed on its immediate passage.

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

House Bill No. 5783, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210.

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

Roll Call No. 736 Yeas--102

Agee Dobronski Kelly Profit

Alley Emerson Kilpatrick Prusi

Anthony Fitzgerald Kukuk Quarles

Baade Frank LaForge Raczkowski

Baird Freeman Law Rhead

Bankes Galloway Leland Richner

Basham Geiger LeTarte Rocca

Birkholz Gernaat Llewellyn Sanborn

Bobier Gilmer London Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brackenridge Goschka Martinez Scott

Brater Green Mathieu Scranton

Brewer Griffin McBryde Sikkema

Brown Gubow McManus Stallworth

Byl Gustafson McNutt Thomas

Callahan Hale Middaugh Varga

Cassis Hammerstrom Middleton Vaughn

Cherry Hanley Murphy Voorhees

Ciaramitaro Hood Nye Walberg

Crissman Horton Olshove Wallace

Cropsey Jansen Palamara Wetters

Curtis Jelinek Parks Whyman

DeHart Jellema Perricone Willard

DeVuyst Johnson Price Wojno

Dobb Kaza

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210, and by adding section 25a.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Thomas moved that House Bill No. 5784 be placed on its immediate passage.

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

House Bill No. 5784, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 2 (MCL 493.52), as amended by 1997 PA 91.

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

Roll Call No. 737 Yeas--99

Agee Dobronski Johnson Prusi

Alley Emerson Kaza Quarles

Anthony Fitzgerald Kelly Rhead

Baade Frank Kilpatrick Richner

Bankes Freeman Kukuk Rocca

Basham Galloway LaForge Sanborn

Birkholz Geiger Law Schauer

Bodem Gernaat Leland Schermesser

Bogardus Gilmer LeTarte Schroer

Brackenridge Gire London Scott

Brater Godchaux Lowe Scranton

Brewer Goschka Mans Sikkema

Brown Green Martinez Stallworth

Byl Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Ciaramitaro Hanley Middleton Voorhees

Crissman Harder Murphy Walberg

Cropsey Hertel Nye Wallace

Curtis Hood Palamara Wetters

Dalman Horton Parks Whyman

DeHart Jansen Perricone Willard

DeVuyst Jelinek Price Wojno

Dobb Jellema Profit

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 29a (MCL 493.79a), as added by 1994 PA 261.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5820, entitled

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

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

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

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

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

Pending the Second Reading of

House Bill No. 5863, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.

Rep. Thomas moved that the bill be re-referred to the Committee on Tax Policy.

The motion prevailed.

House Bill No. 5875, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a).

The bill was read a second time.

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

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

House Bill No. 5871, entitled

A bill to provide for the sale of real and personal property for less than its market value by a local governmental unit to a nonprofit charitable organization under certain circumstances.

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

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

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

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 2, line 15, after "of" by inserting "senior and".

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

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

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

House Bill No. 5801, entitled

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

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

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

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

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

House Bill No. 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.

The bill was read a second time.

Rep. Profit moved to substitute (H-1) the bill.

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

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

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

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.

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

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

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Nye moved that the Committee on Judiciary be discharged from further consideration of Senate Joint Resolution R.

(For first notice see House Journal No. 63, p. 1627.)

The question being on the motion by Rep. Nye,

Rep. Nye demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Nye,

The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 738 Yeas--52

Bankes Fitzgerald Jellema Middleton

Birkholz Galloway Johnson Nye

Bobier Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Gilmer Law Rhead

Byl Godchaux LeTarte Richner

Cassis Goschka Llewellyn Rocca

Crissman Green London Sanborn

Cropsey Gustafson Lowe Scranton

Curtis Hammerstrom McBryde Sikkema

Dalman Horton McManus Voorhees

DeVuyst Jansen McNutt Walberg

Dobb Jelinek Middaugh Whyman

Nays--54

Agee Dobronski LaForge Schauer

Alley Emerson Leland Schermesser

Anthony Frank Mans Schroer

Baade Freeman Martinez Scott

Baird Gire Mathieu Stallworth

Basham Griffin Murphy Tesanovich

Bogardus Gubow Olshove Thomas

Brater Hale Palamara Varga

Brewer Hanley Parks Vaughn

Brown Harder Price Wallace

Callahan Hertel Profit Wetters

Cherry Hood Prusi Willard

Ciaramitaro Kelly Quarles Wojno

DeHart Kilpatrick

In The Chair: DeHart

Messages from the Senate

The Speaker laid before the House

House Bill No. 4332, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 19c (MCL 436.19c), as amended by 1996 PA 440.

(The bill was received from the Senate on June 10, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1399; amended and bill postponed temporarily on June 18, see House Journal No. 61, p. 1546.)

The question being on concurring in the adoption of the substitute (S-1), as amended,

Rep. Alley moved to amend the Senate substitute (S-1) as follows:

1. Amend page 5, line 9, after "COMMISSION" by striking out "SHALL" and inserting "MAY".

2. Amend page 5, line 12, after "PREMISES." by striking out the balance of the line through line 14.

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

Rep. Gubow moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Gubow,

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

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

Rep. Gubow moved that amendment Nos. 1 and 2 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1 and 2 offered previously by Rep. Gubow,

Rep. Gubow withdrew the amendments.

The question being on the adoption of amendment Nos. 3 and 4 offered previously by Rep. Gubow,

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

The question being on concurring in the Senate substitute (S-1), as amended,

The Senate substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 739 Yeas--73

Agee Dobronski Johnson Price

Alley Emerson Kelly Prusi

Anthony Frank Kilpatrick Quarles

Bankes Freeman Kukuk Raczkowski

Bobier Galloway LaForge Rocca

Bodem Gernaat Law Sanborn

Bogardus Gilmer Leland Schauer

Brackenridge Gire Mans Scott

Brater Godchaux Mathieu Scranton

Brewer Griffin McBryde Stallworth

Brown Gubow McManus Tesanovich

Byl Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hanley Middleton Vaughn

Ciaramitaro Harder Murphy Wallace

Crissman Hertel Olshove Wetters

DeHart Hood Palamara Whyman

DeVuyst Jelinek Parks Wojno

Dobb

Nays--30

Baird Goschka Llewellyn Rhead

Basham Green London Richner

Birkholz Hammerstrom Lowe Schermesser

Callahan Horton Martinez Sikkema

Cropsey Jansen Nye Voorhees

Dalman Jellema Perricone Walberg

Fitzgerald Kaza Profit Willard

Geiger LeTarte

In The Chair: DeHart

The House agreed to the title as amended.

Reps. Anthony, Crissman, Dobb, Kukuk, Law and Vaughn were named co-sponsors of the bill.

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House concurred in the Senate substitute (S-1) to House Bill No. 4332.

Rep. Alley

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

The motion prevailed.

Rep. Thomas moved that when the House adjourns today it stand adjourned until Tuesday, June 30, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Thomas, Voorhees, Lowe, London, DeVuyst, Goschka, Horton, Martinez, Jellema, Fitzgerald, Varga, Harder, Kaza, Dobronski, Cherry, Freeman, LaForge, Gubow, Godchaux, Scranton, Kilpatrick, Hanley, Parks, Perricone, Cassis, Birkholz, Richner, Cropsey, Leland, Kelly, Profit, Bodem, Llewellyn, LeTarte, Gire, Jelinek, Schauer, Hale, McBryde, Baade, Baird, Vaughn, Tesanovich, Dobb, Schermesser, Bogardus, Dalman, Scott, Anthony, Murphy, Quarles and Brater offered the following resolution:

House Resolution No. 342.

A resolution recognizing Michigan's Underground Railroad heritage.

Whereas, The metropolitan area of Battle Creek was known as an "abolitionist hole" where freedom lovers risked personal life and liberty to protect and assist freedom seekers from Southern enslavement; and

Whereas, Among the ordinary citizens embroiled in the historical movement known as the Underground Railroads were Battle Creek heroes and heroines Erastus and Sarah Hussey, Silas Dodge, Abel Densmore, Henry Willis, Theron H. Chadwick and Samuel Strauther, a colored man; and

Whereas, The deeds of these and other citizens in the surrounding areas and throughout Michigan stand as a reminder of the legacy of freedom--"We hold these truths to be self evident that all men, women and children are created equal..." that has made our nation special; and

Whereas, The story of the Underground Railroad carries with it a message of the yearning of an enslaved people for freedom and of resistance on the part of common people to a legally sanctioned system of oppression; and

Whereas, The United States Congress and the Michigan House of Representatives recognize the need to promote and preserve this legacy and has thus enacted legislation to focus on this heritage; and

Whereas, The citizens of Battle Creek have taken extraordinary measures to insure that both our national and Michigan Underground Railroad heritage is preserved through the creation of the Underground Railroad Sculpture; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body recognize the occasion of the Second Annual Michigan Underground Railroad Summit sponsored by the Michigan Black History Network, Michigan Historical Center and the Michigan Underground Railroad Association; and be it further

Resolved, That we commend the contemporary Battle Creek community, for its vision to preserve national and local heritage; the members of the Underground Railroad Sculpture Committee, whose time and commitment resulted in the institution of the sculpture in 1993 and whose efforts have left for all to know and enjoy an important piece of American history; the Kellogg Foundation, for its stewardship in providing funds for the sculpture; and the City of Battle Creek, for the pride and concern exhibited in spreading the message of our nation's Underground Railroad heritage.

Pending the reference of the resolution to a committee,

Rep. Thomas 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. Bodem, Voorhees, Lowe, London, Goschka, Horton, Jellema, Fitzgerald, Dobronski, Cherry, Freeman, LaForge, Gubow, Scranton, Kilpatrick, Parks, Hammerstrom, Perricone, Cassis, Birkholz, Richner, Cropsey, Leland, Profit, Crissman, Llewellyn, Jelinek, Schauer, Hale, McBryde, Baird, Vaughn, Dobb, Dalman and Brater offered the following resolution:

House Resolution No. 343.

A resolution in support of the "Connecting Michigan" conference, September 27-29, 1998, in Battle Creek, Michigan.

Whereas, Michigan's cultural, historic, environmental and recreation assets are rich and diverse; and

Whereas, House Resolution No. 671, adopted on November 20, 1986, and Senate Resolution No. 590, adopted on July 1, 1986, recognized Michigan's unique opportunity to celebrate its historical, natural and cultural diversity by linking these assets into a statewide trails network called the "Discover Michigan" Trail; and

Whereas, The process of development, evolution and the successes of the "Discover Michigan" Trail example establishes Michigan as a national leader in greenway development; and

Whereas, The "Discover Michigan" Trail is a vigorous partnership of diverse public interest. The partnership is based on cooperation, coordination and coalition between Michigan's leading citizens, business leaders and successful communities with assistance of state and local government; and

Whereas, The partnership work of citizens, business, and government has created unequaled opportunity to link Michigan's historical, cultural and recreational opportunities while promoting healthy lifestyles and a lifelong sport; and

Whereas, Pathways, water trails and greenways benefit the quality of life for Michigan's citizens by creating business opportunities and strengthening communities; and

Whereas, Michigan is a leader in the development of partnerships for pathways, greenways, water trails, railways and trails that are unequaled in America; and

Whereas, Battle Creek, Michigan is hosting a conference to celebrate the successes of Michigan's greenway partnerships and seek out ways for Michigan's rich and diverse assets to be linked into a world class network of greenways, "Connecting Michigan"; and

Whereas, The purpose of the "Connecting Michigan" conference is to establish an open forum for discussion of greenway, water trail, pathway and railways issues; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body encourage all citizens to join in the celebration of Michigan's trails and participate with leaders in recreation, business and government to create greenways for the 21st Century, by "Connecting Michigan".

Pending the reference of the resolution to a committee,

Rep. Thomas 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. Sanborn, Horton, Cropsey, Scranton, Godchaux, Rocca, Goschka, Jelinek, Dalman, Jansen, Voorhees and DeVuyst offered the following resolution:

House Resolution No. 344.

A resolution to memorialize the Congress of the United States to amend the Americans With Disabilities Act to ensure that it does not apply to prisoners.

Whereas, The Americans With Disabilities Act provides important safeguards for people with needs for special accommodations. The legislation protects the interests of millions of people and enables them to participate more fully in many aspects of life; and

Whereas, One area of impact of the Americans With Disabilities Act that needs to be addressed is how the law is applied to prisoners. On June 15, 1998, the United States Supreme Court ruled that the ADA does apply to a Pennsylvania prisoner denied participation in a boot camp program because of an earlier diagnosis of high blood pressure. This case was the subject of considerable attention by corrections officials across the country. More than thirty states, including Michigan, filed briefs extending their support for the state of Pennsylvania and the contention that the ADA does not apply to prisoners. This position was strongly supported by several associations of corrections personnel and elected officials. The Supreme Court ruling is a source of great concern, and corrections authorities are now afraid of a flood of litigation in response to the case; and

Whereas, Other federal courts have used the ADA to rule that an asthmatic prisoner with heart trouble and a hernia should get cable television in his cell. Another federal court said that a prisoner with muscular dystrophy should be released for daily whirlpool therapy in his $10,000 home hot tub; and

Whereas, There are a host of reasons why the federal legislation should not apply to prisoners. Security could be compromised. The authority of corrections officials would suffer. Applying the ADA to state and local prisons and jails makes states, cities, and counties liable for tens of millions of dollars in prison renovations to accommodate "disabled" lawbreakers; and

Whereas, The law's application greatly restricts the sovereign authority of the states to carry out responsibilities for corrections; and

Whereas, Applying the ADA to prisoners will virtually ensure a drastic increase in the number of costly and time-consuming jailhouse lawsuits. This issue needs to be remedied as soon as possible; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Americans With Disabilities Act to ensure that it does not apply to prisoners; 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 resolution was referred to the Committee on House Oversight and Ethics.

Reports of Standing Committees

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

House Bill No. 5109, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 351 and 365 (MCL 206.351 and 206.365), section 351 as amended by 1996 PA 264 and section 365 as amended by 1996 PA 448.

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 5109 To Report Out:

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

Nays: None.

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

House Bill No. 5134, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1995 PA 230; and to repeal acts and parts of acts.

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 5134 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Perricone, Brackenridge, Cassis, Dobb, Goschka, 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 24, 1998, at 8:00 a.m.,

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

Absent: Reps. Gubow, Wallace, Wetters, Whyman,

Excused: Reps. Gubow, Wallace, Wetters, Whyman.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5551, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 8 and 12a (MCL 28.428 and 28.432a), the title as amended by 1990 PA 320, and by adding sections 1a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5n, and 5o; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-5) 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 5551 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Voorhees,

Nays: Reps. Agee, Hanley, Kilpatrick, Wallace, Wojno, Fitzgerald, Richner.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5552, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 12 and 14 (MCL 28.432 and 28.434); 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 5552 To Report Out:

Yeas: Reps. Gagliardi, Cherry, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,

Nays: Reps. Kilpatrick, Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5553, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5k.

With the recommendation that the substitute (H-3) 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 5553 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,

Nays: Reps. Kilpatrick, Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5554, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5l.

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 5554 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,

Nays: Rep. Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5555, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5m; 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 5555 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,

Nays: Reps. Kilpatrick, Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5556, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

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 5556 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Voorhees,

Nays: Rep. Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Bill No. 5557, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

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 5557 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,

Nays: Rep. Fitzgerald.

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Concurrent Resolution No. 112.

A concurrent resolution to amend the Joint Rules of the Senate and the House of Representatives.

(For text of resolution, see House Journal No. 61, p. 1560.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 112 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Wednesday, June 24, 1998, at 2:15 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,

Absent: Rep. Varga,

Excused: Rep. Varga.

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

Senate Bill No. 1093, entitled

A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry composting; to prescribe the powers and duties of certain state departments; to impose fees; to prescribe penalties; and to repeal certain acts and parts of acts," by amending the title and sections 3, 15, 19, 21, 23, and 29 (MCL 287.653, 287.665, 287.669, 287.671, 287.673, and 287.679), the title and sections 3, 15, 19, 23, and 29 as amended by 1993 PA 228 and section 21 as amended by 1996 PA 65, and by adding section 28.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1093 To Report Out:

Yeas: Reps. Wetters, Baade, Bogardus, LaForge, Willard, Green, DeVuyst, 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 25, 1998, at 8:00 a.m.,

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

Absent: Reps. Brewer, Horton,

Excused: Reps. Brewer, Horton.

Messages from the Senate

House Bill No. 5280, entitled

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 Senate has concurred in the House amendment to the Senate substitute (S-6).

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

House Bill No. 5387, entitled

A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.

The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1).

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

Senate Bill No. 273, entitled

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 82105, 82106, and 82113 (MCL 324.82105, 324.82106, and 324.82113), sections 82105 and 82106 as added by 1995 PA 58 and section 82113 as amended by 1997 PA 102.

The Senate has amended the House substitute (H-5) as follows:

1. Amend page 5, line 9, after "BE" by striking out the balance of the line through "1998" on line 10 and inserting "AS PRESCRIBED BY THE DEPARTMENT. BEGINNING JULY 1, 1999,".

The Senate has concurred in the House substitute (H-5) as amended, ordered that the bill be given immediate effect and agreed to the title.

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

Senate Bill No. 904, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 196.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Bennett, McManus and DeBeaussaert as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 908, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Geake, Schwarz and Conroy as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators DeGrow, Schwarz and Conroy as conferees.

The message was referred to the Clerk for record.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 904, Reps. Alley, Kilpatrick and Middaugh.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 908, Reps. Ciaramitaro, Emerson and Johnson.

Announcement by the Clerk of Printing and Enrollment

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

House Bill Nos. 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966 5967 5968 5969

Messages from the Governor

The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:

Date: June 24, 1998

Time: 1:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5304 (Public Act No. 137, I.E.), being

An act to amend 1997 PA 16, entitled "An act to regulate the manufacturing and assembling of public playground equipment; and to provide penalties," by amending section 4 (MCL 408.684).

(Filed with the Secretary of State June 24, 1998, at 3:10 p.m.)

Introduction of Bills

Reps. Brater, Hanley, Martinez, Hale, LaForge, Schauer, Anthony, Cherry and Schermesser introduced

House Bill No. 5970, entitled

A bill to prohibit certain employers from monitoring employee communications unless the employer establishes an employee monitoring policy and discloses that policy to employees; and to provide certain civil remedies.

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

Reps. Hanley, Brater, Martinez, Hale, LaForge, Schauer, Anthony, Cherry and Schermesser introduced

House Bill No. 5971, entitled

A bill to regulate employer monitoring of employee communications.

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

Reps. Jelinek, Scranton, Green, Jellema, Birkholz, Gernaat, DeVuyst, Brackenridge, Hammerstrom, Kukuk and Perricone introduced

House Bill No. 5972, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 302, 312e, 688, 705, and 710 (MCL 257.302, 257.312e, 257.688, 257.705, and 257.710), sections 302 and 312e as amended by 1991 PA 100, section 688 as amended by 1990 PA 98, and section 705 as amended by 1995 PA 91.

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

______

Rep. Gustafson moved that the House adjourn.

The motion prevailed, the time being 1:15 p.m.

Acting Speaker DeHart declared the House adjourned until Tuesday, June 30, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.