No. 60
JOURNAL OF THE HOUSE

House Chamber, Lansing, Wednesday, June 25, 1997.
 
10:00 a.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
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--e/d/s
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--excused
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
 
 
e/d/s = entered during session
Rep. Michael Hanley, from the 95th District, offered the following invocation:
 
"Dear Lord, Look upon the members of this House today favorably as they attempt to do the people's work. Bless their conscience with thoughts of the people and those most in need in the State of Michigan. Bless them also that their work will be work which will provide opportunity and prosperity for all of the people. And, Lord, thank You for the air conditioning in this building. Amen."
 
 
______
 
 
Rep. Dobronski moved that Rep. Owen be excused from today's session.
The motion prevailed.
 
 
Notices
 
 
June 25, 1997
 
 
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
 
 
______
 
 
The Speaker called Acting Speaker DeHart to the Chair.
 
By unanimous consent the House returned to the order of
Reports of Standing Committees
 
 
The Speaker laid before the House
House Resolution No. 83.
A resolution to urge appropriate federal officials, the United States Army Corps of Engineers, and the International Joint Commission to do what they can to reduce the high water levels of the Great Lakes Basin.
(For text of resolution, see House Journal No. 55, p. 1206.)
(For amendment, see House Journal No. 57, p. 1295.)
(The resolution was reported by the Committee on Conservation, Environment and Recreation on June 18, with amendments, consideration of which was postponed until June 19 under the rules.)
The question being on the adoption of the proposed amendments recommended by the Committee,
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Willard moved to amend the resolution as follows:
1. Amend the resolution, following the first Resolving clause, by inserting:
"Resolved, That we urge the Corps of Engineers and appropriate state agencies to provide help, including sandbags and other technical assistance or equipment, to residents affected by the high water levels; and be it further
Resolved, That this resolution does not indicate any support for long-term diversion of Great Lakes waters; and be it further".
The motion prevailed and the amendment was adopted, a majority of the members serving 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, Birkholz, Brackenridge, Cherry, Cropsey, DeHart, Dobb, Gernaat, Hale, Kelly, Llewellyn, McBryde, Middaugh, Middleton, Profit, Prusi, Richner, Rocca, Schermesser, Scott, Tesanovich, Vaughn and Wojno were named co-sponsors of the resolution.
The Speaker laid before the House
House Concurrent Resolution No. 45.
A concurrent resolution to urge appropriate federal officials, the United States Army Corps of Engineers, and the International Joint Commission to do what they can to reduce the high water levels of the Great Lakes Basin.
(For text of resolution, see House Journal No. 55, p. 1206.)
(For amendment, see House Journal No. 57, p. 1295.)
(The resolution was reported by the Committee on Conservation, Environment and Recreation on June 18, with amendments, consideration of which was postponed until June 19 under the rules.)
The question being on the adoption of the proposed amendments recommended by the Committee,
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Rep. Willard moved to amend the concurrent resolution as follows:
1. Amend the resolution, following the first Resolving clause, by inserting:
"Resolved, That we urge the Corps of Engineers and appropriate state agencies to provide help, including sandbags and other technical assistance or equipment, to residents affected by the high water levels; and be it further
Resolved, That this resolution does not indicate any support for long-term diversion of Great Lakes waters; and be it further".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Reps. Bodem, Birkholz, Brackenridge, Cherry, Cropsey, DeHart, Dobb, Gernaat, Hale, Kelly, Llewellyn, McBryde, Middaugh, Middleton, Profit, Prusi, Richner, Rocca, Schermesser, Scott, Tesanovich, Vaughn and Wojno were named co-sponsors of the concurrent resolution.
 
 
______
 
 
Rep. Byl moved that Rep. Fitzgerald be excused temporarily from today's session.
The motion prevailed.
 
 
Messages from the Senate
 
 
The Speaker laid before the House
Senate Bill No. 526, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.
(The bill was received from the Senate on June 24, with amendments to the House substitute (H-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today.)
(For amendments, see House Journal No. 59, p. 1400.)
The question being on concurring in the adoption of the amendments to the House substitute (H-1) made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 594 Yeas--96
 
 
AlleyDobbKellyProfit
AnthonyDobronskiKilpatrickPrusi
BairdEmersonKukukQuarles
BankesFrankLaForgeRaczkowski
BashamGallowayLawRhead
BirkholzGeigerLelandRichner
BobierGernaatLlewellynRison
BodemGilmerLondonRocca
BogardusGireLoweSchauer
BrackenridgeGodchauxMartinezSchermesser
BraterGoschkaMathieuScott
BrewerGreenMcBrydeScranton
BrownGustafsonMcManusSikkema
BylHaleMcNuttTesanovich
CallahanHammerstromMiddaughThomas
CassisHanleyMiddletonVarga
CherryHarderMurphyVaughn
CiaramitaroHortonNyeVoorhees
CrissmanJansenOlshoveWalberg
CropseyJayeOxenderWallace
CurtisJelinekPalamaraWetters
DalmanJellemaParksWhyman
DeHartJohnsonPerriconeWillard
DeVuystKazaPriceWojno
 
 
Nays--0
 
 
In The Chair: DeHart
 
 
Second Reading of Bills
 
 
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.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Labor and Occupational Safety (for amendments, see House Journal No. 50, p. 1095),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Law moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 595 Yeas--59
 
 
AgeeDeHartKukukQuarles
AlleyDobronskiLaForgeRison
AnthonyFrankLawRocca
BaadeFreemanLelandSchauer
BairdGagliardiMansSchermesser
BashamGireMartinezScott
BodemGoschkaMathieuStallworth
BogardusHaleMcManusTesanovich
BraterHammerstromMurphyThomas
BrewerHanleyOlshoveVaughn
BrownHarderPalamaraWallace
CallahanHertelParksWetters
CherryJelinekPriceWillard
CiaramitaroKellyProfitWojno
CurtisKilpatrickPrusi
 
 
Nays--43
 
 
BankesGallowayJohnsonOxender
BirkholzGeigerKazaPerricone
BobierGernaatLeTarteRaczkowski
BrackenridgeGilmerLlewellynRhead
BylGodchauxLondonRichner
CassisGreenLoweScranton
CrissmanGustafsonMcBrydeSikkema
CropseyHortonMcNuttVoorhees
DalmanJansenMiddaughWalberg
DeVuystJayeMiddletonWhyman
DobbJellemaNye
 
 
In The Chair: DeHart
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Bogardus, Callahan, DeHart, Freeman, Hale, Kukuk, Martinez, Profit, Prusi, Schauer, Schermesser, Scott, Tesanovich, Vaughn, Willard and Wojno were named co-sponsors of the bill.
 
 
______
 
 
Rep. Cassis moved that her name be removed as sponsor of the bill.
 
Rep. Jaye, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
This bill gives binding arbitration authority to non teaching school employees including food workers, hall monitors, garage employees and office secretaries. Binding arbitration laws should only extend to government employees who provide services essential to the public health and welfare, like police, fire fighters and hospital emergency room staff. Hall monitors etc. are not essential for the public health and safety. The binding arbitration laws for even police and firefighters has greatly abused the taxpayers by imposing salary and benefit increases which the community cannot afford and lead to tax increases. Binding arbitrators are unelected unaccountable bureaucrats who also impose racist and sexist minority preference programs on cities and townships with no record of discrimination lawsuits. Legislators who vote for House Bill 4775 appear to be puppets of public employee unions. The heavy hand of state government and bureaucrats should not interfere with the negotiations between private parties. Once again the state teacher's union is flexing its muscles and showing it's dominance and control over the Democrats and a few liberal, pro union-anti employer Republicans."
Rep. Raczkowski, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
This bill dealt with changes in collective bargaining provisions affecting nonteaching school employees. Although changes within the law are at the Legislatures pleasure; it is imminently unfair for the legislature to single out one group above another in collective bargaining. We should treat each law with diligence and prudence to make fair inequities, not yield to special interest."
 
Rep. Cassis, 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:
School boards are not required or mandated to contract-out services. This is a local control issue. The respective parties are operating within a fiscal environment that encourages responsibility to the community's taxpayers while recognizing that many non-instructional employees provide excellent, quality services that might be reduced or diminished if privatization were to occur. Furthermore, many non-instructional employees reside within their school district boundaries and their jobs are important."
 
 
Second Reading of Bills
 
 
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Forestry and Mineral Rights,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Alley moved to amend the bill as follows:
1. Amend page 3, following line 6, by inserting:
"SEC. 51804. BEFORE CONDUCTING A PRESCRIBED BURN IN A PROJECTED BURN AREA THAT ADJOINS A STATE TRUNK LINE HIGHWAY OR COUNTY ROAD, THE DEPARTMENT SHALL CONSIDER EXCLUDING FROM THE PRESCRIBED BURN AN AREA ALONG THE HIGHWAY OR ROAD TO SERVE AS AN AESTHETIC BUFFER STRIP.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Anthony moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 596 Yeas--100
 
 
AgeeDeVuystJohnsonProfit
AlleyDobbKellyPrusi
AnthonyDobronskiKilpatrickQuarles
BaadeFrankKukukRaczkowski
BairdFreemanLaForgeRhead
BankesGagliardiLawRichner
BashamGallowayLeTarteRison
BirkholzGeigerLondonRocca
BobierGernaatLoweSchauer
BodemGilmerMansSchermesser
BogardusGireMartinezSchroer
BrackenridgeGodchauxMathieuScott
BraterGoschkaMcBrydeSikkema
BrewerGreenMcManusStallworth
BrownGustafsonMcNuttTesanovich
BylHaleMiddaughThomas
CallahanHammerstromMiddletonVarga
CassisHanleyMurphyVaughn
CherryHarderNyeVoorhees
CiaramitaroHoodOlshoveWalberg
CrissmanHortonOxenderWallace
CropseyJansenPalamaraWetters
CurtisJayeParksWhyman
DalmanJelinekPerriconeWillard
DeHartJellemaPriceWojno
 
 
Nays--0
 
 
In The Chair: DeHart
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
Second Reading of Bills
 
 
Senate Bill No. 114, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 45, p. 971),
The amendments were adopted, a majority of the members serving voting therefor.
Reps. Curtis and Nye moved to amend the bill as follows:
1. Amend page 2, line 24, after "IS" by inserting "A PERSON WHO IS ISSUED A LICENSE TO CARRY A CONCEALED WEAPON FOR PURPOSES OF PERFORMING DUTIES RELATED TO HIS OR HER EMPLOYMENT OR BUSINESS,".
2. Amend page 11, line 22, after "IS" by inserting "A PERSON WHO IS ISSUED A LICENSE TO CARRY A CONCEALED WEAPON FOR PURPOSES OF PERFORMING DUTIES RELATED TO HIS OR HER EMPLOYMENT OR BUSINESS,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
Senate Bill No. 114, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 597 Yeas--105
 
 
AgeeDobronskiKellyProfit
AlleyEmersonKilpatrickPrusi
AnthonyFrankKukukQuarles
BaadeFreemanLaForgeRaczkowski
BairdGagliardiLawRhead
BankesGallowayLelandRichner
BashamGeigerLeTarteRison
BirkholzGernaatLlewellynRocca
BobierGilmerLondonSchauer
BodemGireLoweSchermesser
BogardusGodchauxMansSchroer
BrackenridgeGoschkaMartinezScott
BraterGreenMathieuScranton
BrewerGustafsonMcBrydeSikkema
BrownHaleMcManusStallworth
BylHammerstromMcNuttTesanovich
CallahanHanleyMiddaughThomas
CassisHarderMiddletonVarga
CherryHertelMurphyVaughn
CiaramitaroHoodNyeVoorhees
CrissmanHortonOlshoveWalberg
CropseyJansenOxenderWallace
CurtisJayePalamaraWetters
DalmanJelinekParksWhyman
DeHartJellemaPerriconeWillard
DeVuystJohnsonPriceWojno
Dobb
 
 
Nays--1
 
 
Kaza
 
 
In The Chair: DeHart
 
 
Pursuant to Joint Rule 20, the full title of the bill shall read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act,"
The House agreed to the full title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
______
 
 
Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Police officers who commit domestic abuse against women should not receive preferential treatment. They should face the same punishment that every other citizen does."
Second Reading of Bills
 
 
House Bill No. 4045, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 3, line 9, after "discharge." by inserting "THIS REQUIREMENT MAY BE WAIVED BY THE DIRECTOR FOR THOSE COMBINED SEWER SYSTEM DISCHARGES WHICH ARE DETERMINED TO HAVE NO DETECTABLE ADVERSE IMPACTS ON THE WATER QUALITY OF AFFECTED WATERS. SUCH WAIVERS MAY BE MADE BASED UPON ANY SINGLE DISCHARGE FROM A COMBINED SEWER SYSTEM OR MAY BE MADE CONTINUING FOR AN AFFECTED BODY OF WATER UNTIL REVOKED BY THE DIRECTOR.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4045, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 598 Yeas--103
 
 
AgeeDobronskiKellyProfit
AlleyFrankKilpatrickPrusi
AnthonyFreemanKukukQuarles
BaadeGagliardiLaForgeRaczkowski
BairdGallowayLawRhead
BankesGeigerLelandRichner
BashamGernaatLeTarteRison
BirkholzGilmerLlewellynRocca
BobierGireLondonSchauer
BodemGodchauxLoweSchermesser
BogardusGoschkaMansSchroer
BrackenridgeGreenMartinezScott
BraterGustafsonMathieuScranton
BrownHaleMcBrydeSikkema
BylHammerstromMcManusStallworth
CallahanHanleyMcNuttTesanovich
CassisHarderMiddaughThomas
CherryHertelMiddletonVaughn
CiaramitaroHoodMurphyVoorhees
CrissmanHortonNyeWalberg
CropseyJansenOlshoveWallace
CurtisJayeOxenderWetters
DalmanJelinekPalamaraWhyman
DeHartJellemaParksWillard
DeVuystJohnsonPerriconeWojno
DobbKazaPrice
Nays--0
 
 
In The Chair: DeHart
 
 
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3101 and 3112a (MCL 324.3101 and 324.3112a).
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Basham, Bodem, Bogardus, Brewer, Byl, Ciaramitaro, DeHart, DeVuyst, Dobb, Freeman, Gire, Goschka, Hale, Hanley, Jansen, Jaye, Jellema, Kaza, Kelly, Kilpatrick, Kukuk, Law, McBryde, Olshove, Parks, Profit, Prusi, Raczkowski, Richner, Rocca, Schermesser, Stallworth, Thomas, Vaughn, Voorhees, Willard and Wojno were named co-sponsors of the bill.
 
 
Second Reading of Bills
 
 
House Bill No. 4046, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3115b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
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.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4046, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3115b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 599 Yeas--102
 
 
AgeeDobbKilpatrickProfit
AlleyDobronskiKukukQuarles
AnthonyFitzgeraldLaForgeRaczkowski
BaadeFrankLawRhead
BairdFreemanLelandRichner
BankesGagliardiLeTarteRison
BashamGallowayLlewellynRocca
BirkholzGeigerLondonSchauer
BobierGernaatLoweSchermesser
BodemGilmerMansSchroer
BogardusGodchauxMartinezScott
BrackenridgeGoschkaMathieuScranton
BraterGreenMcBrydeSikkema
BrewerGustafsonMcManusStallworth
BrownHaleMcNuttTesanovich
BylHammerstromMiddaughThomas
CallahanHanleyMiddletonVarga
CassisHarderMurphyVaughn
CherryHortonNyeVoorhees
CiaramitaroJansenOlshoveWalberg
CrissmanJayeOxenderWallace
CropseyJelinekPalamaraWetters
CurtisJellemaParksWhyman
DalmanJohnsonPerriconeWillard
DeHartKazaPriceWojno
DeVuyst Kelly
 
 
Nays--0
 
 
In The Chair: DeHart
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Basham, Bodem, Bogardus, Brewer, Byl, Ciaramitaro, DeHart, DeVuyst, Dobb, Freeman, Gire, Goschka, Hale, Hanley, Jansen, Jaye, Jellema, Kaza, Kelly, Kilpatrick, Kukuk, Law, McBryde, Olshove, Parks, Profit, Prusi, Raczkowski, Richner, Rocca, Schermesser, Stallworth, Thomas, Vaughn, Voorhees, Willard and Wojno were named co-sponsors of the bill.
 
 
Second Reading of Bills
 
 
House Bill No. 4047, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
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.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4047, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 600 Yeas--103
 
 
AgeeDobbKellyProfit
AlleyDobronskiKilpatrickPrusi
AnthonyFitzgeraldKukukQuarles
BaadeFrankLaForgeRaczkowski
BairdFreemanLawRhead
BankesGagliardiLelandRichner
BashamGallowayLeTarteRison
BirkholzGeigerLlewellynRocca
BobierGernaatLondonSchauer
BodemGilmerLoweSchermesser
BogardusGireMansSchroer
BrackenridgeGodchauxMartinezScott
BraterGoschkaMathieuScranton
BrewerGreenMcBrydeSikkema
BrownGustafsonMcManusStallworth
BylHaleMcNuttTesanovich
CallahanHammerstromMiddaughThomas
CassisHanleyMiddletonVarga
CherryHarderMurphyVaughn
CiaramitaroHortonNyeVoorhees
CrissmanJansenOlshoveWalberg
CropseyJayeOxenderWallace
CurtisJelinekPalamaraWhyman
DalmanJellemaParksWillard
DeHartJohnsonPerriconeWojno
DeVuystKazaPrice
 
 
Nays--1
 
 
Wetters
 
 
In The Chair: DeHart
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Basham, Bodem, Bogardus, Brewer, Byl, Ciaramitaro, DeHart, DeVuyst, Dobb, Freeman, Gire, Goschka, Hale, Hanley, Jansen, Jaye, Jellema, Kaza, Kelly, Kilpatrick, Kukuk, Law, McBryde, Olshove, Parks, Profit, Prusi, Raczkowski, Richner, Rocca, Schermesser, Stallworth, Thomas, Vaughn, Voorhees, Willard and Wojno were named co-sponsors of the bill.
 
 
Second Reading of Bills
 
 
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Jaye moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Brewer moved that consideration of the bill be postponed temporarily.
The motion prevailed.
 
 
______
 
 
The Speaker resumed the Chair.
 
 
Second Reading of Bills
 
 
House Bill No. 4814, entitled
A bill to authorize the department of state police to convey certain state owned property in Iron county; to prescribe conditions for the conveyance; and to provide for the disposition of revenue derived from the conveyance.
The bill was read a second time.
Rep. Tesanovich moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4814, entitled
A bill to authorize the department of state police to convey certain state owned property in Iron county; to prescribe conditions for the conveyance; and to provide for the disposition of revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 601 Yeas--103
 
 
AgeeFitzgeraldKellyProfit
AlleyFrankKilpatrickPrusi
AnthonyFreemanKukukQuarles
BaadeGagliardiLaForgeRaczkowski
BairdGallowayLawRhead
BankesGeigerLelandRichner
BashamGernaatLeTarteRocca
BirkholzGilmerLlewellynSchauer
BobierGireLondonSchermesser
BodemGodchauxLoweSchroer
BogardusGoschkaMansScott
BraterGreenMartinezScranton
BrewerGustafsonMathieuSikkema
BrownHaleMcBrydeStallworth
BylHammerstromMcManusTesanovich
CassisHanleyMcNuttThomas
CherryHarderMiddaughVarga
CiaramitaroHertelMiddletonVaughn
CrissmanHoodMurphyVoorhees
CropseyHortonNyeWalberg
CurtisJansenOlshoveWallace
DalmanJayeOxenderWetters
DeHartJelinekPalamaraWhyman
DeVuystJellemaParksWillard
DobbJohnsonPerriconeWojno
DobronskiKazaPrice
 
 
Nays--0
 
 
In The Chair: Hertel
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
Second Reading of Bills
 
 
House Bill No. 4840, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Gernaat moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4840, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 602 Yeas--102
 
 
AgeeDobronskiKazaPrice
AlleyFitzgeraldKellyProfit
AnthonyFrankKukukQuarles
BaadeFreemanLaForgeRaczkowski
BairdGagliardiLawRhead
BankesGallowayLelandRichner
BashamGeigerLeTarteRison
BirkholzGernaatLlewellynRocca
BobierGilmerLondonSchauer
BodemGireLoweSchermesser
BogardusGodchauxMansSchroer
BrackenridgeGoschkaMartinezScott
BraterGreenMathieuScranton
BrewerGustafsonMcBrydeStallworth
BrownHaleMcManusTesanovich
BylHammerstromMcNuttThomas
CallahanHanleyMiddaughVarga
CassisHarderMiddletonVaughn
CherryHertelMurphyVoorhees
CiaramitaroHoodNyeWalberg
CropseyHortonOlshoveWallace
CurtisJansenOxenderWetters
DalmanJayePalamaraWhyman
DeHartJelinekParksWillard
DeVuystJellemaPerriconeWojno
Dobb Johnson
 
 
Nays--0
 
 
In The Chair: Hertel
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
Second Reading of Bills
 
 
House Bill No. 4811, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 56i.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Human Services and Children (for amendment, see House Journal No. 56, p. 1251),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. LaForge moved to amend the bill as follows:
1. Amend page 2, following line 11, following subsection (3), by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1998.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brater moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4811, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 56i.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 603 Yeas--103
 
 
AgeeDobronskiJohnsonProfit
AlleyEmersonKazaPrusi
AnthonyFitzgeraldKellyQuarles
BaadeFrankKilpatrickRaczkowski
BairdFreemanKukukRhead
BankesGagliardiLawRichner
BashamGallowayLelandRocca
BirkholzGeigerLeTarteSchauer
BobierGernaatLlewellynSchermesser
BodemGilmerLondonSchroer
BogardusGireLoweScott
BrackenridgeGodchauxMansScranton
BraterGoschkaMartinezSikkema
BrewerGreenMathieuStallworth
BrownGustafsonMcBrydeTesanovich
BylHaleMcManusThomas
CassisHammerstromMcNuttVarga
CherryHanleyMiddaughVaughn
CiaramitaroHarderMiddletonVoorhees
CrissmanHertelMurphyWalberg
CropseyHoodNyeWallace
CurtisHortonOxenderWetters
DalmanJansenPalamaraWhyman
DeHartJayeParksWillard
DeVuystJelinekPerriconeWojno
DobbJellemaPrice
 
 
Nays--0
 
 
In The Chair: Hertel
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
Second Reading of Bills
 
 
House Bill No. 4857, entitled
A bill to authorize the department of transportation to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Jelinek moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4857, entitled
A bill to authorize the department of transportation to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 604 Yeas--107
 
 
AgeeDobronskiKazaProfit
AlleyEmersonKellyPrusi
AnthonyFitzgeraldKilpatrickQuarles
BaadeFrankKukukRaczkowski
BairdFreemanLaForgeRhead
BankesGagliardiLawRichner
BashamGallowayLelandRison
BirkholzGeigerLeTarteRocca
BobierGernaatLlewellynSchauer
BodemGilmerLondonSchermesser
BogardusGireLoweSchroer
BrackenridgeGodchauxMansScott
BraterGoschkaMartinezScranton
BrewerGreenMathieuSikkema
BrownGustafsonMcBrydeStallworth
BylHaleMcManusTesanovich
CallahanHammerstromMcNuttThomas
CassisHanleyMiddaughVarga
CherryHarderMiddletonVaughn
CiaramitaroHertelMurphyVoorhees
CrissmanHoodNyeWalberg
CropseyHortonOlshoveWallace
CurtisJansenOxenderWetters
DalmanJayePalamaraWhyman
DeHartJelinekParksWillard
DeVuystJellemaPerriconeWojno
DobbJohnsonPrice
 
 
Nays--0
 
 
In The Chair: Hertel
 
 
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to authorize the department of state police to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
Second Reading of Bills
 
 
House Bill No. 4181, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1206.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) 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 the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
 
 
______
 
 
Rep. Rhead moved that Rep. Llewellyn be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
House Bill No. 4181, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1206.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 605 Yeas--74
 
 
AgeeDeHartKilpatrickPrusi
AlleyDobbLaForgeQuarles
AnthonyDobronskiLawRichner
BaadeFrankLelandRison
BairdFreemanLeTarteSchauer
BankesGagliardiMansSchermesser
BashamGallowayMartinezSchroer
BodemGilmerMathieuScott
BogardusGireMcManusScranton
BrackenridgeGodchauxMcNuttStallworth
BraterGustafsonMiddaughTesanovich
BrewerHammerstromMiddletonThomas
BrownHanleyMurphyVarga
CallahanHarderOlshoveVaughn
CassisHertelPalamaraWallace
CherryHoodParksWetters
CiaramitaroJelinekPriceWillard
CrissmanKazaProfitWojno
Curtis Kelly
 
 
Nays--29
 
 
BirkholzGernaatKukukRaczkowski
BobierGoschkaLondonRhead
BylGreenLoweRocca
CropseyHortonMcBrydeSikkema
DalmanJansenNyeVoorhees
DeVuystJayeOxenderWalberg
FitzgeraldJellemaPerriconeWhyman
Geiger
 
 
In The Chair: Hertel
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
 
 
______
 
 
Rep. Kukuk, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted 'No' on this legislation because it forces teachers to take time and energy away from their duties teaching Michigan's children.
Teachers decide to enter their profession because they love to teach children. This bill would require that teachers spend time making policy and program decisions that are the responsibility of their local school board and other administrative bodies. Teachers should focus on teaching students and administrators should administrate.
This bill forces teachers to become involved in decision making processes that should be voluntary, not mandatory."
 
Rep. Goschka, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against House Bill 4181 because I believe decisions involving local school buildings are properly made by locally elected school boards. Individuals who have been elected to serve on local school boards have been duly entrusted to make such decisions. It is in this manner that the hand knows what the foot is doing, and that the electorate is ensured accountability."
 
 
The House returned to the consideration of
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.
(The bill was considered earlier today, see today's Journal, p. 1416.)
Reps. Bobier and Johnson moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
"Enacting Section 1. This amendatory act does not take effect unless Senate Bill No. 258 of the 89th Legislature is enacted into law.".
The motion was seconded.
The question being on the adoption of the amendment offered by Reps. Bobier and Johnson,
Rep. Bobier demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Bobier and Johnson,
 
 
______
 
 
Point of Order
 
 
Rep. Jaye requested a ruling of the Chair on whether or not the amendment is germane. The Chair ruled that the amendment is not germane.
 
 
Rep. Law moved to amend the bill as follows:
1. Amend page 1, following line 8, by inserting:
"(C) THE BOWLING CENTER IS A NONSMOKING FACILITY.
(D) THE BOWLING CENTER DOES NOT HAVE AN AUTOMATIC TELLER MACHINE ON PREMISES.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. Law,
Rep. Law demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Law,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 606 Yeas--34
 
 
BairdDalmanJellemaNye
BankesDeVuystJohnsonRaczkowski
BashamGallowayKilpatrickSchroer
BirkholzGernaatKukukSikkema
BraterGireLawVoorhees
BrewerGodchauxMansWalberg
BylGreenMathieuWallace
CassisHortonMcBrydeWillard
Cropsey Jansen
 
 
Nays--69
 
 
AgeeFrankLelandPrusi
AlleyFreemanLeTarteQuarles
AnthonyGagliardiLlewellynRhead
BaadeGeigerLondonRichner
BobierGoschkaLoweRison
BodemGustafsonMcManusRocca
BogardusHaleMcNuttSchauer
BrackenridgeHammerstromMiddaughSchermesser
BrownHanleyMiddletonScott
CallahanHarderMurphyScranton
CherryHertelOlshoveStallworth
CiaramitaroHoodOxenderTesanovich
CrissmanJayePalamaraThomas
CurtisJelinekParksVaughn
DeHartKazaPerriconeWetters
DobbKellyPriceWhyman
DobronskiLaForgeProfitWojno
Fitzgerald
 
 
In The Chair: Hertel
 
 
Rep. McBryde moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
"(E) The bowling card games described in this section shall not be allowed in bowling alleys that provide abortion services for their employees.".
The motion was seconded.
The question being on the adoption of the amendment offered by Rep. McBryde,
Rep. McBryde demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. McBryde,
Rep. Bogardus moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
 
______
 
 
The Speaker called the Speaker Pro Tempore to the Chair.
 
Rep. DeHart moved that Rep. Schermesser be excused from the balance of today's session.
The motion prevailed.
 
 
Second Reading of Bills
 
 
House Bill No. 4234, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351a (MCL 380.1351a), as amended by 1994 PA 278.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Point of Order
 
 
Rep.Gustafson requested a ruling of the Chair on the number of votes needed to pass HB 4234.
 
The Chair ruled that a majority of the Members elected and serving is required to pass HB 4234. The bill does not require a 3/4 vote pursuant to Const 1963, Art 9 § 3 because it does not propose to increase the maximum allowable tax rate for operating purposes.
 
Rep. LaForge moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4827 of the 89th Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gustafson moved to amend the bill as follows:
1. Amend page 3, following line 3, by inserting:
"(4) A SCHOOL DISTRICT SHALL NOT LEVY OR INCREASE THE RATE OF AD VALOREM PROPERTY TAXES TO RAISE MONEY TO REPAY BONDS OR NOTES ISSUED FOR ANY OF THE FOLLOWING PURPOSES:
(a) Upgrades to operating system or application software.
(b) Media, including diskettes, compact discs, video tapes, and disks, unless used for the storage of initial operating system software or customized application software included in the definition of technology under this section.
(c) Training, consulting, maintenance, service contracts, software upgrades, troubleshooting, or software support.
(D) SOFTWARE, EXCEPT FOR THE INITIAL PURCHASE OF OPERATING SYSTEM SOFTWARE OR CUSTOMIZED APPLICATION SOFTWARE, OR BOTH, ACCOMPANYING THE PURCHASE OF HARDWARE AND COMMUNICATION DEVICES UNDER SUBSECTION (6)(A).
(E) ANY OTHER TECHNOLOGY NOT SPECIFICALLY LISTED IN SUBSECTION (6)(A) TO (C)." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Gustafson,
Rep. McBryde demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gustafson,
Rep. LaForge moved that consideration of the bill be postponed for the day.
The motion prevailed.
 
By unanimous consent the House returned to the order of
Third Reading of Bills
 
 
The House returned to the consideration of
House Bill No. 4799, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.
(The bill was considered earlier today, see today's Journal, p. 1423.)
The question being on the adoption of the amendment offered previously by Rep. McBryde,
Rep. McBryde withdrew the amendment.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
 
 
Roll Call No. 607 Yeas--83
 
 
AlleyDobronskiJelinekPrice
AnthonyEmersonJohnsonProfit
BaadeFitzgeraldKazaPrusi
BankesFrankKellyQuarles
BashamFreemanKilpatrickRaczkowski
BobierGagliardiLaForgeRhead
BodemGallowayLawRichner
BogardusGeigerLelandRocca
BrackenridgeGernaatLlewellynSchauer
BraterGilmerLoweScott
BrewerGodchauxMansScranton
BrownGoschkaMcBrydeSikkema
CallahanGustafsonMcManusTesanovich
CassisHaleMcNuttThomas
CherryHammerstromMiddaughVarga
CiaramitaroHanleyMiddletonVaughn
CrissmanHarderOlshoveWetters
CurtisHertelOxenderWhyman
DeHartHoodPalamaraWillard
DeVuystJansenParksWojno
DobbJayePerricone
 
 
Nays--18
 
 
AgeeDalmanLeTarteSchroer
BairdGreenLondonVoorhees
BirkholzHortonMartinezWalberg
BylJellemaNyeWallace
Cropsey Kukuk
 
 
In The Chair: Murphy
 
 
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Bobier, Brown, Curtis, DeHart, DeVuyst, Dobb, Gilmer, Gustafson, Hammerstrom, Johnson, Leland, McBryde, McManus, Middaugh, Perricone, Price, Prusi, Rocca, Tesanovich, Varga and Vaughn were named co-sponsors of the bill.
 
 
______
 
 
Reps. Kukuk and London, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted 'No' on this legislation because it promotes gambling in family-oriented establishments.
Bowling is a family recreational activity. The presence of gambling on the premises detracts from that environment and serves as a bad example to children and others. In addition, this bill would allow gambling in facilities which serve alcoholic beverages.
I have consistently opposed expansion of gambling in our state."
 
 
______
 
 
Rep. Gubow entered the House Chambers.
 
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. Olshove, Baird, Wojno, Anthony, Dobronski, Freeman, Baade, Martinez, Varga, Brater, Gire, Llewellyn, Goschka, LaForge, Profit, Parks, Tesanovich, Kelly, Murphy, Scott, Vaughn, Bodem and Dobb offered the following resolution:
House Resolution No. 116.
A resolution commending Theodore Szenborn.
Whereas, We are pleased to honor Theodore Szenborn, who will be honored by the Polish Legion of American Veterans U.S.A. Department of Michigan and the Ladies Auxiliary at their 45th Biennial State Convention on August 21 through August 24, 1997; and
Whereas, Theodore Szenborn served in the United States Navy from 1966 through 1970; and
Whereas, While serving his country, Mr. Szenborn received an achievement medal; and
Whereas, He has served as the Post Commander for #165 of the Polish Legion of American Veterans for the past 6 years, and he served as the Junior Vice Commander of #165 for the two years prior to his present service; and
Whereas, He and his wife Fran have been married for 16 years, and together they enjoy four children and two grandchildren; now, therefore, be it
Resolved by the House of Representatives, That Theodore Szenborn is recognized and commended for his service to the Polish Legion of American Veterans Department of Michigan and the Ladies Auxiliary; and be it further
Resolved, That a copy of this resolution be transmitted to the Polish Legion of American Veterans Department and the Ladies Auxiliary to be presented to Theodore Szenborn at their convention.
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. Hanley, Frank, Baird, Wojno, Anthony, Dobronski, Freeman, Baade, Martinez, Varga, Brater, Gire, Llewellyn, Goschka, LaForge, Profit, Parks, Tesanovich, Kelly, Murphy, Scott, Vaughn, Crissman, Bodem and Dobb offered the following resolution:
House Resolution No. 117.
A resolution honoring Mr. Leo A. Kahan upon the occasion of his 90th Birthday.
Whereas, The ninetieth birthday of Leo A. Kahan provides an excellent opportunity for the members of the Michigan House of Representatives to honor an individual whose long and highly productive life is truly an example of the benefits of hard work and industriousness. His many adventures along the pilgrimage through time are a clear reflection of his love for life and his commitment to his community; and
Whereas, Leo A. Kahan was born to Jacob and Clara Kahan in Germany on June 27, 1907. The Kahans reared their children in Konisberg, now the Baltic seaport of Kaliningrad. Tragically, their peaceful lives began to be disrupted in 1933 when Adolph Hitler came into power. From that day forward, Leo Kahan's native country and the success, freedom, and sense of security once enjoyed by the Kahan family rapidly diminished. Throughout the 1930s, the power of Hitler and the Nazi Party increased. Having read "Mein Kampf," Leo Kahan instinctively foresaw the horrible destruction that was about to befall the Jewish race and his country. Knowing what lay ahead, in March of 1938, he and his family fled to America where they began a new life in Saginaw, Michigan. Indeed, Leo is a man of great resilience, vitality, and determination. These qualities are perhaps best demonstrated by the fact that he immediately began the process of becoming an American citizen just one day after arriving in Michigan; and
Whereas, Leo Kahan has enriched his adopted homeland through the energies, talents, and gifts of caring he has shared with others. This has been particularly evident in his career as a business entrepreneur. Though he literally lost all of his material possessions when he left Germany, Leo Kahan's undaunted spirit flourished. He married his beloved wife Emelie on June 8, 1941, and the two built a life filled with love and devotion to one another. Together, in 1949, they proudly opened the Fashion Outlet store which grew to become a Saginaw landmark and may have been the first discount clothing store in Michigan. Thereafter, Leo continued to purchase buildings and property in downtown Saginaw and now owns more buildings than anyone except the city itself. His dream is, and long has been, the revitalization of the city which has truly become his home; and
Whereas, To highlight all of Leo Kahan's contributions to his community would take the better part of a day. For Leo, complacency has never been an option. He is especially proud to have been the recipient of the Liberty Bell Award, presented by the Saginaw County Bar Association in 1992, for his outstanding contributions to the City of Saginaw. It is rare that we encounter an individual of this high caliber, and only fitting that we give him praise on the occasion of his 90th birthday; now, therefore, be it
Resolved by the House of Representatives, That tribute be hereby accorded to congratulate Mr. Leo A. Kahan as he marks his ninetieth birthday; and be it further
Resolved, That a copy of this resolution be transmitted to Mr. Kahan as evidence of our best wishes on this happy occasion.
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.
 
 
Reports of Standing Committees
 
 
The Committee on Marine Affairs and Port Development, by Rep. Kilpatrick, Chair, reported
House Bill No. 4867, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.
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 4867 To Report Out:
Yeas: Reps. Kilpatrick, Olshove, Varga, Kukuk, Bodem, Galloway,
Nays: Rep. Rhead.
 
 
COMMITTEE ATTENDANCE REPORT
 
The following report, submitted by Rep. Kilpatrick, Chair of the Committee on Marine Affairs and Port Development, was received and read:
Meeting held on: Tuesday, June 24, 1997, at 4:49 p.m.,
Present: Reps. Kilpatrick, Olshove, Varga, Schermesser, Kukuk, Bodem, Galloway, Rhead,
Absent: Rep. Anthony.
 
 
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4152, 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-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 4152 To Report Out:
Yeas: Reps. Profit, Quarles, Freeman, Hanley, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: None.
 
 
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4616, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27 (MCL 211.27), as amended by 1994 PA 415.
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 4616 To Report Out:
Yeas: Reps. Profit, Agee, Freeman, Hanley, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
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 25, 1997, at 8:30 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Hanley, Palamara, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Absent: Reps. Gubow, Wallace, Wetters,
Excused: Reps. Gubow, Wallace, Wetters.
 
 
COMMITTEE ATTENDANCE REPORT
 
The following report, submitted by Rep. Griffin, Chair of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, June 25, 1997, at 9:00 a.m.,
Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Palamara, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg.
 
 
Messages from the Senate
 
 
Senate Bill No. 164, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators McManus, Gast and Koivisto as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Prusi, Harder and Jansen.
The message was referred to the Clerk.
 
 
Senate Bill No. 166, entitled
A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Steil, Gast and O'Brien as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Mathieu, Hood and Gilmer.
The message was referred to the Clerk.
 
 
Senate Bill No. 167, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the 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 McManus, Gast and A. Smith as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.
The message was referred to the Clerk.
Senate Bill No. 168, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the 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 McManus Gast and Koivisto as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.
The message was referred to the Clerk.
 
 
Senate Bill No. 169, entitled
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Geake, Steil and Conroy as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Price, Martinez and Bankes.
The message was referred to the Clerk.
 
 
Senate Bill No. 170, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1998; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators DeGrow, Steil and A. Smith as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Owen, Martinez and Bobier.
The message was referred to the Clerk.
 
 
Senate Bill No. 171, entitled
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators DeGrow, Steil and A. Smith as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Ciaramitaro, Parks and Godchaux.
The message was referred to the Clerk.
 
 
Senate Bill No. 172, entitled
A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Cisky, Hoffman and Vaughn as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Schroer, Prusi and McBryde.
The message was referred to the Clerk.
Senate Bill No. 173, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Cisky, Hoffman and Vaughn as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Schroer, Frank and McBryde.
The message was referred to the Clerk.
 
 
Senate Bill No. 174, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Hoffman, DeGrow and O'Brien as conferees.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Harder, Stallworth and Jellema.
The message was referred to the Clerk.
 
 
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, Monday, June 16:
Senate Bill Nos. 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611
 
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 18, for his approval of the following bill:
Enrolled Senate Bill No. 128 at 10:32 a.m.
 
The Clerk announced that the following Senate bills had been approved and signed by the Governor:
Enrolled Senate Bill No. 51 - Public Act No. 19
Enrolled Senate Bill No. 229 - Public Act No. 20
Enrolled Senate Bill No. 230 - Public Act No. 21
Enrolled Senate Bill No. 233 - Public Act No. 22
Enrolled Senate Bill No. 234 - Public Act No. 23
Enrolled Senate Bill No. 322 - Public Act No. 28
Enrolled Senate Bill No. 140 - Public Act No. 29
 
 
Introduction of Bills
 
 
Reps. McManus, Hammerstrom, Horton, Law, Goschka, McBryde, Bodem, Raczkowski, Nye, Jansen, Geiger, Lowe, Voorhees, Whyman, Byl, Rhead, Llewellyn, McNutt, Godchaux, Kukuk, Green, Johnson, Cropsey, Cassis, Leland, Birkholz, Brown and Perricone introduced
House Bill No. 4962, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 430a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
 
 
Rep. Olshove introduced
House Bill No. 4963, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.
The bill was read a first time by its title and referred to the Committee on Mental Health.
Reps. Wallace, Profit, Murphy, Brewer, Quarles, Hanley, Nye, Dobronski and Baird introduced
House Bill No. 4964, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4i (MCL 117.4i), as amended by 1996 PA 179.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Profit, Wallace, Curtis, Kilpatrick and Schauer introduced
House Bill No. 4965, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Curtis, Wallace, Profit, Kilpatrick and Schauer introduced
House Bill No. 4966, entitled
A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Kilpatrick, Wallace, Profit, Curtis and Schauer introduced
House Bill No. 4967, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24 (MCL 78.24), as amended by 1994 PA 15.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Schauer, Wallace, Profit, Curtis and Kilpatrick introduced
House Bill No. 4968, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 of chapter VI (MCL 66.2), as amended by 1996 PA 41.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Profit, Hammerstrom, Dobronski, Callahan, Crissman, Brackenridge and Mans introduced
House Bill No. 4969, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 1996 PA 320.
The bill was read a first time by its title and referred to the Committee on Local Government.
 
 
Reps. Palamara, Profit, DeHart, Kelly, Schermesser, Dobronski and Perricone introduced
House Bill No. 4970, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
 
 
Reps. Perricone, Palamara, DeHart, Kelly, Schermesser and Dobronski introduced
House Bill No. 4971, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Crissman, Brackenridge, Goschka, Hammerstrom, Dobb, Bodem, Middleton, Gernaat and Dalman introduced
House Bill No. 4972, entitled
A bill to amend 1990 PA 48, entitled "An act to prohibit the use of a facsimile machine to transmit unsolicited advertising messages; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties," by amending section 6 (MCL 445.1776).
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
 
 
Reps. Brater, Voorhees, Bogardus, Frank, LaForge, Baird, Profit, Kilpatrick, Scott, Vaughn, DeHart, Schermesser, Cherry and Prusi introduced
House Bill No. 4973, entitled
A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
 
 
Reps. Jaye, Voorhees, Goschka, McBryde, Gernaat, Hammerstrom, DeVuyst, Richner, Jelinek, Stallworth, Bodem, Dalman, Dobb, Cropsey, Raczkowski, London, Whyman and Llewellyn introduced
House Bill No. 4974, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
 
 
______
 
 
Rep. Basham moved that the House adjourn.
The motion prevailed, the time being 3:20 p.m.
 
The Speaker Pro Tempore declared the House adjourned until Thursday, June 26, at 10:00 a.m.
 
 
MARY KAY SCULLION
Clerk of the House of Representatives.