hj06037t.050

No. 50

JOURNAL OF THE HOUSE

House Chamber, Lansing, Tuesday, June 3, 1997.

2:00 p.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

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--absent

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--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--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--e/d/s

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--excused

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Clyde LeTarte, from the 65th District, offered the following invocation:

"Dear Heavenly Father, Bless us this day as we come together to do the will of the people of this state. Guide us in our decisions. Help us as we think through the important issues of the day. Watch over us and protect us. We ask this in Christ's name. Amen."

______

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4102, entitled

A bill to regulate the manufacturing and assembling of public playground equipment; and to provide penalties.

(The bill was received from the Senate on May 29 with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 49, p. 1069.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 424 Yeas--105

Agee Emerson Johnson Parks

Alley Fitzgerald Kaza Perricone

Anthony Frank Kelly Price

Baade Freeman Kilpatrick Profit

Baird Gagliardi Kukuk Prusi

Bankes Galloway LaForge Quarles

Birkholz Geiger Law Raczkowski

Bobier Gernaat Leland Rhead

Bodem Gilmer LeTarte Rocca

Bogardus Gire Llewellyn Schauer

Brackenridge Godchaux London Schermesser

Brater Goschka Lowe Schroer

Brewer Green Mans Scott

Brown Gubow Martinez Scranton

Byl Gustafson Mathieu Sikkema

Callahan Hale McBryde Stallworth

Cassis Hammerstrom McManus Tesanovich

Cherry Hanley McNutt Thomas

Ciaramitaro Harder Middaugh Varga

Crissman Hertel Middleton Voorhees

Cropsey Hood Murphy Walberg

Curtis Horton Nye Wallace

Dalman Jansen Olshove Wetters

DeHart Jaye Owen Whyman

DeVuyst Jelinek Oxender Willard

Dobb Jellema Palamara Wojno

Dobronski

Nays--0

In The Chair: Hertel

Rep. Gagliardi moved to reconsider the vote by which the House concurred in the adoption of the Senate substitute (S-2).

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

The question being on concurring in the adoption of the Senate substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 425 Yeas--106

Agee Emerson Kaza Perricone

Alley Fitzgerald Kelly Price

Anthony Frank Kilpatrick Profit

Baade Freeman Kukuk Prusi

Baird Gagliardi LaForge Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

Brater Goschka Mans Schroer

Brewer Green Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Voorhees

Cropsey Hood Nye Walberg

Curtis Horton Olshove Wallace

Dalman Jansen Owen Wetters

DeHart Jaye Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Dobronski Johnson

Nays--0

In The Chair: Hertel

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

______

Rep. Rison entered the House Chambers.

The Speaker laid before the House

House Bill No. 4601, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), section 3 as amended by 1990 PA 8 and section 7 as amended by 1994 PA 44; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 29 with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 49, p. 1069.)

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 concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 426 Yeas--106

Agee Fitzgerald Kelly Price

Alley Frank Kilpatrick Profit

Anthony Freeman Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Birkholz Gernaat LeTarte Richner

Bobier Gilmer Llewellyn Rison

Bodem Gire London Rocca

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brater Green Martinez Schroer

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Callahan Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Crissman Hertel Murphy Varga

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Walberg

Dalman Jansen Owen Wallace

DeHart Jaye Oxender Wetters

DeVuyst Jelinek Palamara Whyman

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Emerson Kaza

Nays--0

In The Chair: Hertel

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

The Speaker laid before the House

House Bill No. 4610, entitled

A bill to amend 1932 (1st Ex Sess) PA 40, entitled "An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 4 (MCL 129.12 and 129.14) and by adding section 6.

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 concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 427 Yeas--104

Agee Dobronski Jellema Parks

Alley Emerson Johnson Perricone

Anthony Fitzgerald Kaza Price

Baade Frank Kelly Profit

Baird Freeman Kilpatrick Prusi

Bankes Gagliardi Kukuk Quarles

Birkholz Galloway Law Raczkowski

Bobier Geiger Leland Rhead

Bodem Gernaat LeTarte Richner

Bogardus Gilmer Llewellyn Rocca

Brackenridge Gire London Schauer

Brater Godchaux Lowe Schermesser

Brewer Goschka Mans Scott

Brown Green Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Stallworth

Cassis Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Ciaramitaro Hanley Middaugh Varga

Crissman Harder Middleton Voorhees

Cropsey Hertel Murphy Walberg

Curtis Hood Nye Wallace

Dalman Horton Olshove Wetters

DeHart Jansen Owen Whyman

DeVuyst Jaye Oxender Willard

Dobb Jelinek Palamara Wojno

Nays--0

In The Chair: Hertel

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

Second Reading of Bills

House Bill No. 4218, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

The bill was read a second time.

Rep. Prusi 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. 4289, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200, 201, 204, 204a, 205, 205a, 206, 207, 210, and 211 (MCL 750.200, 750.201, 750.204, 750.204a, 750.205, 750.205a, 750.206, 750.207, 750.210, and 750.211).

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Judiciary,

The substitute (H-5) 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. 4629, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.

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. Cropsey moved to amend the bill as follows:

1. Amend page 4, following line 9, by inserting:

"Enacting section 1. Section 7 of 1964 PA 170, MCL 691.1407, as amended by this amendatory act, applies only to a cause of action arising on or after the effective date of this amendatory act.".

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

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

The motion prevailed.

House Bill No. 4462, entitled

A bill to amend 1939 PA 176, entitled "An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act," by amending section 22 (MCL 423.22).

The bill was read a second time.

______

Rep. Profit moved that Rep. Palamara be excused temporarily from today's session.

The motion prevailed.

Rep. Llewellyn moved to amend the bill as follows:

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

"(6) A PERSON, BUSINESS, LABOR ORGANIZATION, OR GOVERNMENTAL ENTITY MAY BRING A CIVIL ACTION TO RECOVER THE FOLLOWING DAMAGES FROM A PERSON OR ENTITY THAT CAUSES INJURY DURING A LABOR DISPUTE:

(A) COMPENSATION FOR PHYSICAL DAMAGE TO PUBLIC OR PRIVATE PROPERTY.

(B) REIMBURSEMENT OF MEDICAL COSTS RESULTING FROM PERSONAL INJURIES.

(7) A PERSON OR ENTITY THAT AUTHORIZES OR SANCTIONS UNLAWFUL CONDUCT BY ITS EMPLOYEES OR AGENTS DURING A LABOR DISPUTE IS LIABLE FOR DAMAGES DIRECTLY CAUSED BY THAT CONDUCT." and renumbering the remaining subsection.

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

Rep. Middleton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 428 Yeas--52

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kukuk Oxender

Bodem Gilmer Law Perricone

Brackenridge Godchaux LeTarte Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Rocca

Cropsey Hammerstrom Mans Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jaye McNutt Walberg

Fitzgerald Jelinek Middaugh Whyman

Nays--54

Agee Dobronski Kilpatrick Rison

Alley Emerson LaForge Schauer

Anthony Frank Leland Schermesser

Baade Freeman Martinez Schroer

Baird Gagliardi Mathieu Scott

Bogardus Gire Murphy Stallworth

Brater Gubow Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Parks Varga

Callahan Harder Price Wallace

Cherry Hertel Profit Wetters

Ciaramitaro Hood Prusi Willard

Curtis Kaza Quarles Wojno

DeHart Kelly

In The Chair: Hertel

______

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

"Mr. Speaker and members of the House:

Labor unions have the right to organize and enter into voluntary collective bargaining agreements in a free society.

Adoption of this amendment would interfere with that principle."

Rep. Scranton moved to amend the bill as follows:

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

"(5) AN EMPLOYEE, AN AGENT OF THE EMPLOYEE'S BARGAINING UNIT, OR A MEMBER OF ANOTHER BARGAINING UNIT SHALL NOT DO ANY OF THE FOLLOWING DURING A STRIKE:

(A) HARASS AN INDIVIDUAL OR EMPLOYEE ATTEMPTING TO CARRY OUT THE DUTIES OF HIS OR HER EMPLOYMENT, INCLUDING REPORTING FOR WORK.

(B) PREVENT, PRECLUDE, OR HINDER SECURITY PERSONNEL OR POLICE OR FIRE PERSONNEL FROM PROTECTING PRIVATE OR PUBLIC PROPERTY OR FROM SECURING PUBLIC SAFETY.

(D) THREATEN THE MOTORING PUBLIC BY PLACING FOREIGN OBJECTS DESIGNED TO DAMAGE VEHICLE TIRES ON PUBLIC OR PRIVATE ROADWAYS.

(E) STALK OR THREATEN EMPLOYEES, EMPLOYERS, OR THEIR FAMILY MEMBERS.

(F) ASSIST, JOIN, OR ENGAGE IN AN ACTIVITY THAT VIOLATES A COURT ORDER, LOCAL ORDINANCE, OR STATE LAW.

(6) A PERSON WHO VIOLATES SUBSECTION (5), SECTION 9F, OR SECTION 15 IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 6 MONTHS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH." and renumbering the remaining subsections.

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. 429 Yeas--53

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bobier Gilmer Kukuk Oxender

Bodem Godchaux Law Perricone

Brackenridge Goschka LeTarte Raczkowski

Byl Green Llewellyn Rhead

Cassis Gustafson London Richner

Crissman Hammerstrom Lowe Rocca

Cropsey Horton Mans Scranton

Dalman Jansen McBryde Sikkema

DeVuyst Jaye McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Galloway

Nays--47

Agee DeHart LaForge Schermesser

Alley Dobronski Leland Schroer

Anthony Frank Mathieu Scott

Baade Freeman Murphy Stallworth

Bogardus Gagliardi Owen Tesanovich

Brater Gubow Parks Thomas

Brewer Hale Price Varga

Brown Hanley Profit Wallace

Callahan Harder Prusi Wetters

Cherry Hertel Quarles Willard

Ciaramitaro Hood Rison Wojno

Curtis Kelly Schauer

In The Chair: Hertel

Rep. Callahan 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. 4810, entitled

A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending sections 10 and 32 (MCL 338.1060 and 338.1082), section 10 as amended by 1994 PA 326, and by adding section 16a.

The bill was read a second time.

Rep. Byl moved to amend the bill as follows:

1. Amend page 3, line 14, by striking out all of subdivision (A) and relettering the remaining subdivisions.

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

Rep. Byl demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 430 Yeas--54

Alley Galloway Johnson Oxender

Bankes Geiger Kukuk Perricone

Birkholz Gernaat Law Profit

Bobier Gilmer LeTarte Raczkowski

Bodem Godchaux Llewellyn Rhead

Brackenridge Goschka London Richner

Byl Green Lowe Rocca

Cassis Gustafson McBryde Scranton

Crissman Hammerstrom McManus Sikkema

Cropsey Horton McNutt Voorhees

Dalman Jansen Middaugh Walberg

DeVuyst Jaye Middleton Wallace

Dobb Jelinek Nye Whyman

Fitzgerald Jellema

Nays--47

Agee Frank Kilpatrick Rison

Anthony Freeman LaForge Schauer

Baird Gagliardi Leland Schermesser

Bogardus Gire Mans Scott

Brater Gubow Mathieu Stallworth

Brewer Hale Murphy Tesanovich

Brown Hanley Olshove Thomas

Callahan Harder Owen Varga

Cherry Hertel Parks Wetters

Ciaramitaro Hood Price Willard

DeHart Kaza Prusi Wojno

Dobronski Kelly Quarles

In The Chair: Hertel

Rep. Byl moved to amend the bill as follows:

1. Amend page 3, line 14, after "(A)" by striking out "CARRY OR DISPLAY" and inserting "BRANDISH, DISCHARGE, OR THREATEN TO DISCHARGE".

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

Rep. Byl demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 431 Yeas--105

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baade Gagliardi Kukuk Quarles

Baird Galloway LaForge Raczkowski

Bankes Geiger Law Rhead

Birkholz Gernaat Leland Richner

Bobier Gilmer LeTarte Rison

Bodem Gire Llewellyn Rocca

Bogardus Godchaux London Schauer

Brackenridge Goschka Lowe Schermesser

Brater Green Mans Schroer

Brown Gubow Martinez Scott

Byl Gustafson Mathieu Scranton

Callahan Hale McBryde Sikkema

Cassis Hammerstrom McManus Stallworth

Cherry Hanley McNutt Tesanovich

Ciaramitaro Harder Middaugh Thomas

Crissman Hertel Middleton Varga

Cropsey Hood Murphy Voorhees

Curtis Horton Nye Walberg

Dalman Jansen Olshove Wallace

DeHart Jaye Owen Wetters

DeVuyst Jelinek Oxender Whyman

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Emerson

Nays--0

In The Chair: Hertel

Rep. Rhead moved to amend the bill as follows:

1. Amend page 3, following line 23, by inserting:

"(2) SUBSECTION(1)(C) OR (D) DOES NOT RESTRICT OR PROHIBIT IN ANY WAY A SECURITY GUARD FROM USING REASONABLE FORCE TO DEFEND OR PROTECT HIMSELF OR HERSELF, OR THE EMPLOYER'S EMPLOYEES, FROM ANY ASSAULTIVE, INTIMIDATING, OR THREATENING BEHAVIOR OF THE INDIVIDUALS ENGAGED IN THE LABOR DISPUTE OR FROM USING REASONABLE FORCE TO PROTECT ANY PIECE OF PERSONAL OR REAL PROPERTY IN IMMINENT DANGER OF BEING DAMAGED THAT IS LOCATED WITHIN REASONABLE PROXIMITY TO THE EMPLOYER'S BUILDING OR GROUNDS AND OWNED OR USED BY THE EMPLOYER OR AN EMPLOYEE. THE PROPERTY DESCRIBED IN THIS SUBDIVISION INCLUDES, BUT IS NOT LIMITED TO, AUXILIARY BUILDINGS, PARKING LOTS, AND MOTOR VEHICLES OWNED OR USED BY THE EMPLOYER AND ITS EMPLOYEES." and renumbering the remaining subsections.

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

Rep. Rhead demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 432 Yeas--52

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bobier Gilmer Kukuk Oxender

Bodem Godchaux Law Perricone

Brackenridge Goschka LeTarte Raczkowski

Byl Green Llewellyn Rhead

Cassis Gustafson London Richner

Crissman Hammerstrom Lowe Rocca

Cropsey Horton Mans Scranton

Dalman Jansen McBryde Sikkema

DeVuyst Jaye McManus Voorhees

Dobb Jelinek McNutt Walberg

Galloway Jellema Middaugh Whyman

Nays--50

Agee DeHart Kilpatrick Rison

Alley Dobronski LaForge Schauer

Anthony Emerson Leland Schermesser

Baade Frank Martinez Schroer

Baird Freeman Mathieu Scott

Bogardus Gire Murphy Stallworth

Brater Gubow Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Parks Varga

Callahan Harder Price Wallace

Cherry Hertel Prusi Wetters

Ciaramitaro Hood Quarles Wojno

Curtis Kelly

In The Chair: Hertel

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 3, line 19, after "DISPUTE" by inserting "EXCEPT THAT A SECURITY GUARD MAY LEAVE THE BOUNDARIES OF THE EMPLOYER'S PROPERTY TO PROTECT ANY PIECE OF PERSONAL OR REAL PROPERTY IN IMMINENT DANGER OF BEING DAMAGED THAT IS LOCATED WITHIN REASONABLE PROXIMITY TO THE EMPLOYER'S BUILDING OR GROUNDS AND OWNED OR USED BY THE EMPLOYER OR AN EMPLOYEE. THE PROPERTY DESCRIBED IN THIS SUBDIVISION INCLUDES, BUT IS NOT LIMITED TO, AUXILIARY BUILDINGS, PARKING LOTS, AND MOTOR VEHICLES OWNED OR USED BY THE EMPLOYER AND ITS EMPLOYEES".

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

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 433 Yeas--51

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kukuk Oxender

Bodem Gilmer Law Perricone

Brackenridge Godchaux LeTarte Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Scranton

Cropsey Hammerstrom Mans Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Walberg

Dobb Jaye McNutt Whyman

Fitzgerald Jelinek Middaugh

Nays--51

Agee DeHart Kelly Rison

Alley Dobronski Kilpatrick Rocca

Anthony Emerson LaForge Schauer

Baade Frank Leland Schroer

Baird Freeman Martinez Scott

Bogardus Gagliardi Mathieu Stallworth

Brater Gubow Murphy Tesanovich

Brewer Hale Olshove Thomas

Brown Hanley Owen Wallace

Callahan Harder Parks Wetters

Cherry Hertel Price Willard

Ciaramitaro Hood Prusi Wojno

Curtis Kaza Quarles

In The Chair: Hertel

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, line 15, after "DISPUTE" by inserting "UNLESS BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST:

(i) THE INDIVIDUAL ENGAGED OR INVOLVED IN THE LABOR DISPUTE IS BRANDISHING IN A THREATENING MANNER A FIREARM, KNIFE, CROWBAR, BASEBALL BAT OR OTHER OBJECT REASONABLY CAPABLE OF BEING USED AS A BLUDGEON OR WEAPON, OR ROCKS OR OTHER OBJECTS REASONABLY CAPABLE OF BEING USED AS A PROJECTILE.

(ii) THE SECURITY GUARD REASONABLY BELIEVES THAT HIS OR HER LIFE IS IN DANGER OR THAT DAMAGE TO PERSONAL OR REAL PROPERTY LOCATED WITHIN REASONABLE PROXIMITY TO THE EMPLOYER'S BUILDING OR GROUNDS THAT IS OWNED BY THE EMPLOYER OR AN EMPLOYEE IS IN IMMINENT DANGER OF BEING DAMAGED".

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. Gagliardi moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 4812, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 355b.

The bill was read a second time.

Rep. Rhead moved to amend the bill as follows:

1. Amend page 2, following line 4, by inserting:

"(2) SUBSECTION (1)(C) OR (D) DOES NOT RESTRICT OR PROHIBIT IN ANY WAY A SECURITY GUARD FROM USING REASONABLE FORCE TO DEFEND OR PROTECT HIMSELF OR HERSELF, OR THE EMPLOYER'S EMPLOYEES, FROM ANY ASSAULTIVE, INTIMIDATING, OR THREATENING BEHAVIOR OF THE INDIVIDUALS ENGAGED IN THE LABOR DISPUTE OR FROM USING REASONABLE FORCE TO PROTECT ANY PIECE OF PERSONAL OR REAL PROPERTY IN IMMINENT DANGER OF BEING DAMAGED THAT IS LOCATED WITHIN REASONABLE PROXIMITY TO THE EMPLOYER'S BUILDING OR GROUNDS AND OWNED OR USED BY THE EMPLOYER OR AN EMPLOYEE. THE PROPERTY DESCRIBED IN THIS SUBDIVISION INCLUDES, BUT IS NOT LIMITED TO, AUXILIARY BUILDINGS, PARKING LOTS, AND MOTOR VEHICLES OWNED OR USED BY THE EMPLOYER AND ITS EMPLOYEES." and renumbering the remaining subsections.

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

Rep. London demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 434 Yeas--52

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kukuk Perricone

Brackenridge Godchaux Law Raczkowski

Byl Goschka LeTarte Rhead

Cassis Green Llewellyn Richner

Crissman Gustafson London Rocca

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Stallworth

Dobb Jaye McNutt Voorhees

Fitzgerald Jelinek Middaugh Whyman

Nays--51

Agee DeHart Kilpatrick Quarles

Alley Dobronski LaForge Rison

Anthony Emerson Leland Schauer

Baade Frank Mans Schermesser

Baird Gagliardi Martinez Schroer

Bogardus Gire Mathieu Scott

Brater Gubow Murphy Tesanovich

Brewer Hale Olshove Thomas

Brown Hanley Owen Wallace

Callahan Harder Parks Wetters

Cherry Hertel Price Willard

Ciaramitaro Hood Profit Wojno

Curtis Kelly Prusi

In The Chair: Hertel

Rep. Jaye moved to amend the bill as follows:

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

"(3) A PERSON ENGAGED IN A STRIKE AND ANY AGENT OR EMPLOYEE OF A PERSON ENGAGED IN A STRIKE SHALL NOT ENGAGE IN STRIKE ACTIVITY OUTSIDE THE PROPERTY OF THE LABOR ORGANIZATION OR THE PROPERTY OF THE EMPLOYER AGAINST WHOM THE STRIKE IS DIRECTED." and renumbering the remaining subsections.

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 435 Yeas--1

Jaye

Nays--102

Agee Fitzgerald Kelly Price

Alley Frank Kilpatrick Profit

Anthony Freeman Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Birkholz Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rison

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Gubow Mathieu Scott

Callahan Gustafson McBryde Scranton

Cassis Hale McManus Sikkema

Cherry Hammerstrom McNutt Stallworth

Ciaramitaro Hanley Middaugh Tesanovich

Crissman Harder Middleton Thomas

Cropsey Hertel Murphy Voorhees

Curtis Hood Nye Walberg

Dalman Horton Olshove Wallace

DeHart Jansen Owen Wetters

DeVuyst Jelinek Oxender Whyman

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Emerson Kaza

In The Chair: Hertel

Rep. Jaye moved to amend the bill as follows:

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

"(3) A PERSON ENGAGED IN A STRIKE AND ANY AGENT OR EMPLOYEE OF A PERSON ENGAGED IN A STRIKE SHALL NOT ENGAGE IN STRIKE ACTIVITY ON RESIDENTIAL PROPERTY." and renumbering the remaining subsections.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

"SEC. 355C. (1) A PERSON ENGAGED OR INVOLVED IN A LABOR DISPUTE SHALL NOT DO ANY OF THE FOLLOWING:

(A) BRANDISH A FIREARM, KNIFE, CROWBAR, BASEBALL BAT OR OTHER OBJECT REASONABLY CAPABLE OF BEING USED AS A BLUDGEON OR WEAPON, ROCKS, OR OTHER OBJECTS REASONABLY CAPABLE OF BEING USED AS PROJECTILES IN A THREATENING MANNER CAUSING A REASONABLE PERSON TO BELIEVE THAT HIS OR HER LIFE IS IN IMMINENT DANGER OR THAT PERSONAL OR REAL PROPERTY LOCATED WITHIN REASONABLE PROXIMITY TO THE EMPLOYER'S BUILDING OR GROUNDS AND OWNED OR USED BY THE EMPLOYER OR AN EMPLOYEE IS IN IMMINENT DANGER OF BEING DAMAGED.

(B) HARASS AN INDIVIDUAL OR EMPLOYEE ATTEMPTING TO CARRY OUT THE DUTIES OF HIS OR HER EMPLOYMENT INCLUDING, BUT NOT LIMITED TO, REPORTING FOR WORK.

(D) STALK OR THREATEN EMPLOYEES OR EMPLOYERS, OR MEMBERS OF THEIR FAMILIES, OR OTHER PERSONS ENGAGED OR INVOLVED IN A LABOR DISPUTE.

(E) IMPEDE THE FREE FLOW OF PRODUCTS IN AND OUT OF THE EMPLOYER'S PLACE OF BUSINESS.

(F) CAUSE DAMAGE TO PERSONAL AND REAL PROPERTY OF THE EMPLOYER, ITS EMPLOYEES, OR SUPPLIERS OR CUSTOMERS OF THE EMPLOYER.

(G) THREATEN THE MOTORING PUBLIC BY PLACING FOREIGN OBJECTS DESIGNED TO DAMAGE VEHICLE TIRES ON PUBLIC OR PRIVATE ROADS.

(2) A PERSON WHO DIRECTS ANOTHER PERSON OR KNOWINGLY ALLOWS THAT PERSON TO VIOLATE SUBSECTION (1) MAY BE CHARGED WITH A VIOLATION OF SUBSECTION (1).

(3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS, A FINE OF NOT MORE THAN $5,000.00, OR BOTH.

(4) AS USED IN THIS SECTION:

(A) "FIREARM" MEANS THAT TERM AS DEFINED IN SECTION 3T OF 1846 RS 1, MCL 8.3T.

(B) "LABOR DISPUTE" MEANS THAT TERM AS DEFINED IN SECTION 2 OF 1939 PA 176, MCL 423.2.".

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,

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

Roll Call No. 436 Yeas--53

Alley Galloway Johnson Middleton

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bobier Godchaux Law Perricone

Bodem Goschka LeTarte Raczkowski

Brackenridge Green Llewellyn Rhead

Byl Gustafson London Richner

Cassis Hammerstrom Lowe Rocca

Crissman Horton Mans Scranton

Cropsey Jansen McBryde Sikkema

Dalman Jaye McManus Voorhees

DeVuyst Jelinek McNutt Walberg

Dobb Jellema Middaugh Whyman

Fitzgerald

Nays--42

Agee Frank Leland Rison

Anthony Freeman Martinez Schauer

Baade Gire Mathieu Schermesser

Bogardus Gubow Murphy Scott

Brewer Hale Olshove Stallworth

Brown Hanley Owen Tesanovich

Cherry Hertel Parks Thomas

Ciaramitaro Hood Price Wallace

DeHart Kelly Prusi Willard

Dobronski Kilpatrick Quarles Wojno

Emerson LaForge

In The Chair: Hertel

Rep. Byl moved to amend the bill as follows:

1. Amend page 1, line 5, by striking out all of subdivision (A) and relettering the remaining subdivisions.

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

Rep. Byl demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 437 Yeas--54

Alley Galloway Johnson Middleton

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bobier Gilmer Law Perricone

Bodem Godchaux LeTarte Raczkowski

Brackenridge Goschka Llewellyn Rhead

Byl Green London Richner

Cassis Gustafson Lowe Rocca

Crissman Hammerstrom Mans Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Fitzgerald Jellema

Nays--49

Agee Dobronski Kilpatrick Rison

Anthony Frank LaForge Schauer

Baade Freeman Leland Schermesser

Baird Gagliardi Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Gubow Murphy Tesanovich

Brewer Hale Olshove Thomas

Brown Hanley Owen Varga

Callahan Harder Parks Wallace

Cherry Hertel Price Wetters

Ciaramitaro Hood Prusi Willard

Curtis Kelly Quarles Wojno

DeHart

In The Chair: Hertel

Rep. Byl moved to amend the bill as follows:

1. Amend page 1, line 5, after "(A)" by striking out "CARRY OR DISPLAY" and inserting "BRANDISH, DISCHARGE, OR THREATEN TO DISCHARGE".

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

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 4629, entitled

(The bill was considered earlier today, see today's Journal, p. 1078.)

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

The motion prevailed.

Rep. Cropsey withdrew the amendment.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, line 13, after "CORRECTIONS." by inserting "THE AMENDATORY ACT THAT ADDED THIS SENTENCE IS REMEDIAL IN NATURE. THIS SUBSECTION, AS AMENDED BY THE AMENDATORY ACT THAT ADDED THIS SENTENCE, APPLIES TO CAUSES OF ACTION ARISING AFTER JULY 6, 1986 AND TO CASES BASED ON THOSE CAUSES OF ACTION THAT ARE FILED AFTER JULY 6, 1986 AND ARE STILL PENDING IN TRIAL OR ARE PENDING ON APPEAL OR THAT HAVE NOT BEEN FILED, BUT ARE STILL WITHIN THE STATUTE OF LIMITATIONS AS PRESCRIBED IN SECTION 5838A OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.5838A.".

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

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

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

The House returned to the consideration of

House Bill No. 4810, entitled

(The bill was considered earlier today, see today's Journal, p. 1081.)

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

Rep. Llewellyn withdrew the amendment.

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, line 15, after "DISPUTE" by inserting "UNLESS THE SECURITY GUARD REASONABLY BELIEVES THAT HIS OR HER LIFE OR THE LIVES OF OTHERS ARE IN DANGER".

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

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

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

The House returned to the consideration of

House Bill No. 4812, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 355b.

(The bill was considered earlier today, see today's Journal, p. 1084.)

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 1, line 6, after "DISPUTE" by inserting "UNLESS THE SECURITY GUARD REASONABLY BELIEVES THAT HIS OR HER LIFE IS IN DANGER".

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Fitzgerald, Griffin, Rhead, Voorhees, Dobronski, Freeman, Jansen, Hammerstrom, Perricone, Goschka, McBryde, Brater, London, Jelinek, Scranton, Richner, Birkholz, Gagliardi, Ciaramitaro, Galloway, Cherry, Crissman, Schermesser, Schroer, Parks, Palamara, Cassis, Profit, Dobb, Gire, Kukuk, Anthony, Green, Gernaat, Oxender, Gilmer, Geiger, Bodem, Brackenridge, Gustafson, Kelly, Hanley, DeHart, Sikkema, Dalman, Martinez, Bankes, Wetters and Leland offered the following resolution:

House Resolution No. 72.

A resolution honoring George H. Herstek upon his retirement.

Whereas, It is a distinct honor and special privilege to honor George H. Herstek, Jr., as he brings to a close his career in state government as Assistant Director of Elections. This outstanding individual has contributed greatly over the past 40 years to the health, safety, and well-being of Michigan's citizens, the last 20 of which have been spent insuring the integrity of our electoral system. We thank him for his valuable service, and offer our congratulations as he moves on to the next phase in his life; and

Whereas, George has been instrumental in implementing the Qualified Voter File program which recently earned him the 1997 Employee Excellence Award from Secretary of State Miller. He has advised countless local officials on the proper conduct of administering elections, prepared manuals of instructions, trained local officials, investigated alleged violations of election law, and performed many other duties, too numerous to mention. His expertise in many areas will be sorely missed; and

Whereas, George has had many titles over the years: elections specialist, co-worker, boss, and most importantly, Mo's husband. He is most proud of being a member of the select fraternity of psephologists. May he long know of the value we place on his friendship. His wisdom, professionalism, and generosity have earned him widespread acclaim and our deepest appreciation; now, therefore, be it

Resolved by the House of Representatives, That we hereby honor George H. Herstek, Jr., as he retires from state government. His contributions to Michigan will long stand in tribute to his dedication; and be it further

Resolved, That a copy of this resolution be transmitted to him as evidence of our best wishes for health, happiness, and ample time to enjoy and pursue his own pleasures.

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. LaForge, Dobronski, Freeman, Jansen, Perricone, Goschka, Brater, London, Jelinek, Scranton, Richner, Ciaramitaro, Galloway, Cherry, Hale, Schermesser, Schroer, Parks, Palamara, Cassis, Profit, Dobb, Gire, Anthony, Green, Gernaat, Oxender, Tesanovich, Gilmer, Bodem, Kelly, Quarles, Baird, Hanley, DeHart, Thomas, Bogardus, Dalman, Willard, Martinez, Bankes, Wetters and Leland offered the following resolution:

House Resolution No. 73.

A resolution congratulating Deloris Phillips as she receives the Humanitarian Award from the Kalamazoo Branch of the NAACP.

Whereas, It is with great respect for her accomplishment that we are pleased to offer congratulations to Deloris Phillips upon her receipt of the prestigious Humanitarian Award presented by the Metropolitan Kalamazoo Branch of the National Association for the Advancement of Colored People. We proudly add our voices to those of her family and friends who will gather to honor Deloris Phillips and celebrate the occasion June 7, 1997, at the Radisson Plaza Hotel in Kalamazoo; and

Whereas, Deloris Phillips' community involvement in Kalamazoo has encompassed many and varied interests. A young schoolteacher from Detroit, Deloris moved to Kalamazoo in 1968 and began her community activities by helping to found the Northside Association for Educational Development which generates scholarships for qualified young people. She has served as a member and Chairwoman of the Family Health Center's board of directors and is credited with providing the leadership which saved the Center. A co-founder of the Healing Racism Institute of Kalamazoo Valley, Deloris has also been involved with other Kalamazoo organizations including the YWCA, CARES, the NAACP, and St. Barnabas Episcopal Church; and

Whereas, Over the years, Deloris Phillips' contributions to these local organizations have made a significant impact on improving the quality of life in Kalamazoo. A warm and caring person, Deloris has given freely of herself to these organizations and has touched the lives of so many in the Kalamazoo community. For many years, her home was host to several foreign students, and she taught at Western Michigan University's School of Social Work for 27 years; and

Whereas, The example of commitment to community and to each other is one which best describes Deloris Phillips. She feels that she and her family may have given, but have also gotten so much back in return from those they have assisted. A firm believer in the responsibility of her American citizenship, Deloris is very proud of her roots, her African heritage. She feels that she has lived a life "...enriched by the opportunity to interact with people." Truly, these are the words of a remarkable humanitarian; now, therefore, be it

Resolved by the House of Representatives, That we commend, honor, and congratulate Deloris Phillips on her receipt of the Humanitarian Award presented by the Metropolitan Kalamazoo Branch of the National Association for the Advancement of Colored People. May she know of our admiration and warmest wishes for a future filled with much happiness; and be it further

Resolved, That copies of this resolution be transmitted to Deloris Phillips and her family as evidence of our respect and admiration.

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. Green, Cropsey, Kukuk, Horton, Goschka, Oxender, Hanley, DeVuyst, Hammerstrom, Rhead, Gernaat, Voorhees, Dobronski, Freeman, Jansen, Perricone, McBryde, LaForge, Brater, London, Jelinek, Scranton, Ciaramitaro, Galloway, Raczkowski, Cherry, Parks, Cassis, Profit, Dobb, Gire, Anthony, Geiger, Bodem and Kelly offered the following concurrent resolution:

House Concurrent Resolution No. 43.

A concurrent resolution to memorialize the Congress of the United States to maintain and renew its commitment to encourage ethanol production and consumption.

Whereas, This nation is dependent upon the consumption of ever-diminishing domestic crude oil reserves, with the United States annually importing 54 percent of the nation's petroleum from foreign sources. This contributes to the nation's serious trade deficit; and

Whereas, A significant amount of this nation's air pollution is caused by vehicles emitting a variety of petroleum-based pollutants; and

Whereas, The state of Michigan ranks as a preeminent agricultural state, ranking eighth in 1995 and 11th in 1996 in the nation in the production of corn; and

Whereas, The processing of corn into ethanol adds value to this nation's abundant corn crop, increasing net farm income, creating employment opportunities, increasing state and federal tax receipts, reducing this nation's dependence upon foreign nations, and reducing the federal trade deficit; and

Whereas, Motor fuel that includes only a 10 percent blend of ethanol contains 3.5 percent oxygen, which enhances octane levels and provides more oxygen for fuel combustion, resulting in reduced levels of hazardous emissions such as carbon monoxide. This provides Americans with healthier air to breath; and

Whereas, The United States Congress, in supporting the need to reduce this nation's dependence upon foreign petroleum, to provide additional markets for domestic corn, to protect the public health, and to preserve the nation's environment, has traditionally encouraged ethanol production and consumption; and

Whereas, Long-standing bipartisan congressional support for the ethanol industry is reflected by the 5.4 cent federal tax exemption applicable to gasoline formulated using clean burning ethanol; and

Whereas, The federal tax exemption, currently scheduled to expire on December 31, 2000, is subject to attack by certain members of the current Congress of the United States, as manifested by legislation already under consideration; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to maintain and renew its commitment to encouraging the production and consumption of ethanol. We call on the Congress to continue support for the federal ethanol tax exemption; and be it further

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

The concurrent resolution was referred to the Committee on Agriculture.

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, Wednesday, May 28:

Senate Bill Nos. 526 527 528 529 530 531 532 533 534

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 29, for his approval of the following bills:

Enrolled Senate Bill No. 229 at 3:05 p.m.

Enrolled Senate Bill No. 230 at 3:07 p.m.

Enrolled Senate Bill No. 234 at 3:09 p.m.

The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, May 30:

House Bill No. 4856

The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 2, for his approval of the following bills:

Enrolled House Bill No. 4299 at 10:59 a.m.

Enrolled House Bill No. 4492 at 11:01 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, June 2:

House Bill Nos. 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845

The Clerk announced that the following Senate bill had been received on Tuesday, June 3:

Senate Bill No. 341

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4664, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 17.

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 4664 To Report Out:

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

Nays: None.

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

House Bill No. 4666, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 10a.

With the recommendation that the substitute (H-4) 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 4666 To Report Out:

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

Nays: None.

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

House Bill No. 4718, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section14 (MCL 432.14).

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 4718 To Report Out:

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

Nays: None.

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

House Bill No. 4720, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section12 (MCL 432.212).

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 4720 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Voorhees,

Nays: Rep. Fitzgerald.

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

House Bill No. 4722, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6b.

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 4722 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Voorhees,

Nays: Reps. Gustafson, DeVuyst, Fitzgerald.

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

House Bill No. 4723, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 4 (MCL 432.204).

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 4723 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Varga, Wojno, DeVuyst, Richner, Voorhees,

Nays: Rep. Wallace.

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

House Bill No. 4732, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 6c.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4732 To Report Out:

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

Nays: None.

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

House Bill No. 4739, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 1 (MCL 432.201).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4739 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Richner, Voorhees,

Nays: Reps. Gustafson, DeVuyst, Perricone.

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

House Bill No. 4744, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 17.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4744 To Report Out:

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

Nays: None.

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

House Bill No. 4856, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31b.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4856 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno,

Nays: Reps. Gustafson, DeVuyst, Fitzgerald, Perricone, Richner.

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: Monday, June 2, 1997, at 2:00 p.m.,

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

The Committee on Health Policy, by Rep. Palamara, Chair, reported

Senate Bill No. 297, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20920, 20921, and 20965 (MCL 333.20920, 333.20921, and 333.20965), as added by 1990 PA 179.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 297 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Leland, Murphy, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 3, 1997, at 10:30 a.m.,

Present: Reps. Palamara, Schauer, Gire, Gubow, Leland, Murphy, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Absent: Rep. Griffin,

Excused: Rep. Griffin.

The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported

House Bill No. 4775, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 7a and 15 (MCL 423.207a and 423.215), section 7a as added and section 15 as amended by 1994 PA 112, and by adding section 7b.

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

1. Amend page 4, line 25, by striking out "LABOR MEDIATION BOARD" and inserting "COMMISSION".

2. Amend page 11, line 24, after "6a" by striking out "OR 6B".

3. Amend page 11, line 27, after "380.507" by striking out "AND 380.511 TO 380.518".

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

Favorable Roll Call

HB 4775 To Report Out:

Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser,

Nays: Reps. Byl, Llewellyn, Rhead.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Murphy, Chair of the Committee on Labor and Occupational Safety, was received and read:

Meeting held on: Tuesday, June 3, 1997, at 9:00 a.m.,

Present: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn, Raczkowski, Rhead.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 4049, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 518.

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 4049 To Report Out:

Yeas: Reps. Anthony, Callahan, Bogardus, Brater, Middleton, Gernaat,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, June 3, 1997, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, Gernaat,

Absent: Reps. DeVuyst, Lowe,

Excused: Reps. DeVuyst, Lowe.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, June 3, 1997, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, Jaye, London, McManus.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:

Meeting held on: Tuesday, June 3, 1997, at 12:30 p.m.,

Present: Reps. Brewer, Brown, Quarles, Kaza, Hammerstrom, Walberg, Whyman,

Absent: Reps. Anthony, Baird,

Excused: Reps. Anthony, Baird.

Messages from the Senate

House Bill No. 4219, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a and 1203b; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House amendments to Senate Substitute (S-1) and appointed Senators Schuette, Gougeon and Stallings as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Varga, Hale and Jaye.

The bill was referred to the Conference Committee on June 3, 1997.

The message was referred to the Clerk.

House Bill No. 4220, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

The Senate has nonconcurred in the House amendments to Senate Substitute (S-1) and appointed Senators Schuette, Gougeon and Stallings as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Varga, Hale and Jaye.

The bill was referred to the Conference Committee on June 3, 1997.

The message was referred to the Clerk.

Notices

The Standing Committee on Urban Policy and Economic Development will now meet on Thursday mornings, 11:00a.m. or after Committees are given leave by the House to meet, whichever time is later, in Room 424 State Capitol Building.

Communications from State Officers

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

Notices of Filing

Administrative Rules

April 25, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:55a.m. this date, administrative rule (97-4-6) for the Department of Environmental Quality, Air Quality Division, entitled "Air Pollution Control", effective 15 days hereafter.

May 8, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:08p.m. this date, administrative rule (97-5-1) for the Department of State, Board of State Canvassers, entitled "Procedures", effective 15 days hereafter.

May 9, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:35a.m. this date, administrative rule (97-5-2) for the Department of Environmental Quality, Air Quality Division, entitled "Motor Vehicle Emission Inspection/Maintenance Program", effective 15 days hereafter.

May 9, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:38a.m. this date, administrative rule (97-5-3) for the Department of Environmental Quality, Air Quality Division, entitled "Air Pollution Control", effective 15 days hereafter.

May 9, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:41a.m. this date, administrative rule (97-5-4) for the Department of Environmental Quality, Air Quality Division, entitled "Air Pollution Control", effective 15 days hereafter.

May 9, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:44a.m. this date, administrative rule (97-5-5) for the Department of Environmental Quality, Air Quality Division, entitled "General Rules", effective 15 days hereafter.

May 13, 1997

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:55a.m. this date, administrative rule (97-5-6) for the Department of State Police, Michigan Justice Training Commission, entitled "General Rules", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of State Police was received and read:

June 2, 1997

We are pleased to be able to provide you a copy of the 1996 Michigan Annual Drunk Driving Audit as required by MCL 257.625i. This report is a detailed examination of crashes and arrests that occurred in 1996 by county. Data was assembled in cooperation with the Michigan Departments of State and Transportation.

If you have any questions regarding this report, please call Mr. Robert Nelson of my staff at 333-5308. Thank you.

Sincerely,

BETTY J. MERCER

Division Director

Office of Highway Safety Planning

The communication was referred to the Clerk.

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

May 30, 1997

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

Financial Audit

Including the provisions of the Single Audit Act of the

Department of Commerce and the

Community Development Block Grant Program

Within the Michigan Jobs Commission

October 1, 1993 through September 30, 1995

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. Bogardus, Hanley, Brewer, DeHart, Curtis, Wetters, Cherry, Agee, Mathieu, Emerson, Brater, Mans and Goschka introduced

House Bill No. 4859, entitled

A bill to provide immunity from civil liability to a person who donates a vehicle for use by a local governmental unit or charitable organization.

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

Reps. McBryde, Owen, DeHart, Bodem, Gernaat, Goschka, Hammerstrom, Oxender, Dalman, Horton, Raczkowski, Jelinek, Jellema, London, Richner, Bobier, DeVuyst, Jansen, Brackenridge, Law and Birkholz introduced

House Bill No. 4860, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending the title and sections 105, 159, and 179 (MCL 32.505, 32.559, and 32.579).

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

Reps. Green, Cropsey, Kukuk, Goschka, Hammerstrom, Rhead, Gernaat and Voorhees introduced

House Bill No. 4861, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 1996 PA 267.

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

Reps. Green, Cropsey, Kukuk, Horton, Goschka, Hanley, DeVuyst, Rhead, Jaye, Bodem, Walberg, McNutt, Gernaat, Brackenridge and Voorhees introduced

House Bill No. 4862, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section40113a (MCL 324.40113a), as added by 1996 PA 377.

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

Rep. Frank introduced

House Bill No. 4863, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 8 (MCL 432.208).

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

Rep. Schauer introduced

House Bill No. 4864, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 7 (MCL 432.207).

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

______

Rep. Bodem moved that the House adjourn.

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

The Speaker declared the House adjourned until Wednesday, June 4, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.