hj07038t.068

No. 68

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Friday, July 3, 1998.

12:01 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--excused

Anthony--present

Baade--excused

Baird--present

Bankes--excused

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--excused

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--excused

Cropsey--present

Curtis--excused

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--excused

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--excused

Kaza--excused

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--excused

Leland--present

LeTarte--excused

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--excused

Olshove--present

Owen--present

Oxender--excused

Palamara--excused

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Eileen DeHart, from the 18th District, offered the following invocation:

"Lord, help us."

______

Rep. Hammerstrom moved that Reps. Nye, LeTarte, Law, Brackenridge, Bankes, Kaza, Oxender and Walberg be excused from today's session.

The motion prevailed.

Rep. McBryde moved that Reps. Johnson and Crissman be excused from today's session.

The motion prevailed.

Rep. Dobronski moved that Reps. Alley, Mans, Curtis, Baade, Palamara and Harder be excused from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5516, entitled

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

(The bill was received from the Senate on July 2, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 67, p. 1921.)

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

Rep. Agee moved to substitute (H-2) the Senate substitute (S-1).

The question being on the adoption of the substitute (H-2) offered by Rep. Agee,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Agee,

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

Roll Call No. 843 Yeas--56

Agee Frank Leland Sanborn

Anthony Freeman Martinez Schauer

Baird Gagliardi Mathieu Schermesser

Basham Gire Middleton Schroer

Bogardus Goschka Murphy Scott

Brater Gubow Olshove Stallworth

Brewer Hale Owen Tesanovich

Brown Hanley Parks Thomas

Callahan Hertel Price Varga

Cherry Hood Profit Vaughn

Ciaramitaro Jellema Prusi Wallace

DeHart Kelly Quarles Wetters

Dobronski Kilpatrick Rison Willard

Emerson LaForge Rocca Wojno

Nays--29

Bobier Galloway Horton Middaugh

Bodem Geiger Jansen Perricone

Byl Gernaat Jelinek Raczkowski

Cassis Gilmer London Richner

Cropsey Godchaux Lowe Scranton

Dalman Green McManus Sikkema

DeVuyst Gustafson McNutt Voorhees

Fitzgerald

In The Chair: Hertel

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

1. Amend page 14, line 20, by striking out "$9,038,433,000.00" and inserting "$8,996,463,800.00".

2. Amend page 16, line 11, after "IS" by striking out "$5,532.00" and inserting "$5,512.00".

3. Amend page 16, line 15, by striking out "$8,101,514,700.00" and inserting "$8,060,687,500.00".

4. Amend page 30, line 2, by striking out "$763,355,800.00" and inserting "$762,505,300.00".

5. Amend page 30, line 23, by striking out "$660,129,300.00" and inserting "$657,536,600.00".

6. Amend page 32, line 4, by striking out "$29,277,700.00" and inserting "$29,054,000.00".

7. Amend page 36, line 21, by striking out "$9,596,900.00" and inserting "$9,562,800.00".

8. Amend page 38, line 9, after "EXCEED" by striking out "$80,934,100.00" and inserting "$80,642,600.00".

9. Amend page 38, line 19, after "TO" by striking out "101.3%" and inserting "100.9%".

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

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

1. Amend page 16, following line 8, by inserting:

"SEC. 11l. (1) IN ADDITION TO ANY OTHER MONEY APPROPRIATED UNDER THIS ACT, THERE IS APPROPRIATED FROM THE STATE SCHOOL AID FUND AN AMOUNT NOT TO EXCEED $2,000,000.00 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999 AND THERE SHALL BE APPROPRIATED FROM THE STATE SCHOOL AID FUND AN AMOUNT NOT TO EXCEED $2,000,000.00 EACH FISCAL YEAR FOR EACH SUCCEEDING FISCAL YEAR THROUGH THE FISCAL YEAR ENDING SEPTEMBER 30, 2008. PAYMENTS UNDER THIS SECTION WILL CEASE AFTER SEPTEMBER 30, 2008. THESE APPROPRIATIONS ARE FOR PAYING THE AMOUNTS DESCRIBED IN SUBSECTION (2) TO DISTRICTS, OTHER THAN THOSE RECEIVING A LUMP SUM PAYMENT UNDER SUBSECTION (3), THAT HAVE ISSUED FOR A SCHOOL CONSTRUCTION PROJECT BONDS THAT MEET ALL OF THE FOLLOWING:

(A) THE ISSUANCE OF THE BONDS WAS APPROVED BY THE SCHOOL ELECTORS AT AN ELECTION THAT OCCURRED AFTER NOVEMBER 21, 1994 AND BEFORE JUNE 27, 1997.

(B) THE BONDS ARE QUALIFIED BONDS UNDER 1961 PA 108, MCL 388.951 TO 388.963.

(2) THE AMOUNT PAID EACH FISCAL YEAR TO EACH DISTRICT UNDER SUBSECTION (1) SHALL BE 1/10 OF THE TOTAL AMOUNT, AS DETERMINED BY THE DEPARTMENT, THAT THE DISTRICT IS OR HAS BEEN REQUIRED TO PAY TO COMPLY WITH 1965 PA 116, MCL 408.551 TO 408.558, ON THOSE PORTIONS OF THE CONSTRUCTION PROJECT DESCRIBED IN SUBSECTION (1) THAT WERE NOT CONTRACTED FOR OR BID BEFORE JUNE 27, 1997.

(3) IN ADDITION TO ANY OTHER MONEY APPROPRIATED UNDER THIS ACT, THERE IS APPROPRIATED FROM THE STATE SCHOOL AID FUND AN AMOUNT NOT TO EXCEED $50,000.00 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999. THIS APPROPRIATION IS FOR PAYING THE AMOUNTS DESCRIBED IN THIS SUBSECTION TO DISTRICTS THAT HAVE ISSUED FOR A SCHOOL CONSTRUCTION PROJECT BONDS THAT MEET THE REQUIREMENTS UNDER SUBSECTION (1), AND FOR WHICH THE TOTAL AMOUNT AS OTHERWISE CALCULATED UNDER SUBSECTION (2) IS LESS THAN $25,000.00. FOR A DISTRICT QUALIFYING FOR A PAYMENT UNDER THIS SUBSECTION, THE ENTIRE AMOUNT CALCULATED UNDER SUBSECTION (2) SHALL BE PAID IN A LUMP SUM ON NOVEMBER 15, 1998 OR ON THE NEXT BUSINESS DAY FOLLOWING THAT DATE.

(4) THE ENTIRE AMOUNT OF EACH PAYMENT UNDER SUBSECTION (1) EACH FISCAL YEAR SHALL BE PAID ON NOVEMBER 15 OF THE APPLICABLE FISCAL YEAR OR ON THE NEXT BUSINESS DAY FOLLOWING THAT DATE.

(5) TO BE ELIGIBLE FOR A PAYMENT UNDER THIS SECTION, A DISTRICT SHALL SUBMIT TO THE DEPARTMENT EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT IT MEETS THE REQUIREMENTS FOR A PAYMENT UNDER THIS SECTION AND SHALL SUBMIT TO THE DEPARTMENT ALL INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO CALCULATE THE AMOUNT OF THE PAYMENT."

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

The question being on concurring in the Senate substitute (S-1), as substituted (H-2),

The Senate substitute (S-1), as substituted (H-2), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 844 Yeas--91

Agee Frank Kukuk Rhead

Anthony Freeman LaForge Richner

Baird Gagliardi Leland Rison

Basham Galloway Llewellyn Rocca

Birkholz Geiger London Sanborn

Bobier Gernaat Lowe Schauer

Bodem Gilmer Martinez Schermesser

Bogardus Gire Mathieu Schroer

Brater Godchaux McBryde Scott

Brewer Goschka McManus Scranton

Brown Green McNutt Sikkema

Byl Gubow Middaugh Stallworth

Callahan Gustafson Middleton Tesanovich

Cassis Hale Murphy Thomas

Cherry Hammerstrom Olshove Varga

Cropsey Hanley Owen Vaughn

Dalman Hertel Parks Voorhees

DeHart Hood Perricone Wallace

DeVuyst Jansen Price Wetters

Dobb Jelinek Profit Whyman

Dobronski Jellema Prusi Willard

Emerson Kelly Quarles Wojno

Fitzgerald Kilpatrick Raczkowski

Nays--1

Horton

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 amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 20, 51a, 81, 101, and 166b (MCL 388.1606, 388.1611, 388.1620, 388.1651a, 388.1681, 388.1701, and 388.1766b), sections 6, 11, 20, 51a, 81, and 101 as amended by 1997 PA 142 and section 166b as amended by 1996 PA 300, and by adding section 11l.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

Senate Bill No. 733, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1996 PA 469.

The bill was read a second time.

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

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

Rep. Profit moved to substitute (H-4) the bill.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 733, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1996 PA 469.

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

Roll Call No. 845 Yeas--61

Agee Gernaat Leland Richner

Anthony Gire Llewellyn Rocca

Baird Goschka Lowe Sanborn

Basham Gustafson McBryde Schauer

Bodem Hammerstrom McManus Schroer

Brater Hanley McNutt Scott

Brewer Hertel Middaugh Sikkema

Brown Hood Middleton Stallworth

Cassis Horton Murphy Tesanovich

Cropsey Jansen Olshove Thomas

DeVuyst Jelinek Parks Varga

Dobronski Jellema Price Vaughn

Frank Kilpatrick Profit Wallace

Gagliardi Kukuk Quarles Whyman

Galloway LaForge Raczkowski Wojno

Geiger

Nays--20

Bobier Freeman Kelly Perricone

Bogardus Gilmer London Prusi

Cherry Godchaux Martinez Rhead

DeHart Gubow Mathieu Schermesser

Fitzgerald Hale Owen Willard

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 amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act," (MCL 211.1 to 211.157) by adding section 9f.

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

Senate Bill No. 905, entitled

A bill to make appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Gagliardi moved that Rule 49 be suspended.

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

Senate Bill No. 905, entitled

A bill to make appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

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

Roll Call No. 846 Yeas--84

Agee Dobronski Horton Perricone

Anthony Emerson Jansen Price

Baird Fitzgerald Jelinek Prusi

Basham Frank Jellema Quarles

Birkholz Freeman Kelly Raczkowski

Bobier Gagliardi Kukuk Rhead

Bodem Galloway Leland Richner

Bogardus Geiger Llewellyn Rison

Brater Gernaat London Rocca

Brewer Gilmer Lowe Sanborn

Brown Gire Martinez Schauer

Byl Godchaux Mathieu Schermesser

Callahan Goschka McBryde Scranton

Cassis Green McManus Sikkema

Cherry Gubow McNutt Tesanovich

Ciaramitaro Gustafson Middaugh Varga

Cropsey Hale Middleton Voorhees

Dalman Hammerstrom Murphy Wetters

DeHart Hanley Olshove Whyman

DeVuyst Hertel Owen Willard

Dobb Hood Parks Wojno

Nays--8

Kilpatrick Profit Scott Thomas

LaForge Schroer Stallworth Vaughn

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 make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 1997, September 30, 1998, and September 30, 1999; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

Senate Bill No. 928, entitled

A bill to supplement and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 1997 and September 30, 1998; and to provide for the expenditure of the appropriations.

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

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

Rep. Hood moved to amend the bill as follows:

1. Amend page 55, line 20, by striking out "(50,300)" and inserting "(30,300)".

2. Amend page 55, line 26, by striking out "(196,000)" and inserting "(170,000)".

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

Rep. Gagliardi moved that Rule 49 be suspended.

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

Senate Bill No. 928, entitled

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

Roll Call No. 847 Yeas--93

Agee Frank Kilpatrick Raczkowski

Anthony Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Basham Galloway Leland Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Martinez Schermesser

Brater Godchaux Mathieu Schroer

Brewer Goschka McBryde Scott

Brown Green McManus Scranton

Byl Gubow McNutt Sikkema

Callahan Gustafson Middaugh Stallworth

Cassis Hale Middleton Tesanovich

Cherry Hammerstrom Murphy Thomas

Ciaramitaro Hanley Olshove Varga

Cropsey Hertel Owen Vaughn

Dalman Hood Parks Voorhees

DeHart Horton Perricone Wallace

DeVuyst Jansen Price Wetters

Dobb Jelinek Profit Whyman

Dobronski Jellema Prusi Willard

Emerson Kelly Quarles Wojno

Fitzgerald

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 make, supplement and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Gagliardi and Gustafson offered the following resolution:

House Concurrent Resolution No. 113.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives and Senate adjourn on Friday, July 3, 1998, they stand adjourned until Tuesday, September 15, 1998.

Pending the reference of the concurrent resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

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

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, September 15, at 2:00 p.m.

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Human Services and Children from further consideration of House Bill No. 5855.

Rep. McManus

______

Rep. Middaugh moved that the House adjourn.

The motion prevailed, the time being 1:05 a.m.

The Speaker declared the House adjourned until Tuesday, September 15, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives. T>

Freeman McManus Rhead Whyman

Galloway Middaugh Rocca Willard

Goschka Middleton Sanborn

In The Chair: Murphy

The Speaker laid before the House the conference report relative to

Senate Bill No. 798, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2813 and 16177 (MCL 333.2813 and 333.16177), section 16177 as amended by 1993 PA 80, and by adding section 21533.

(The conference report was received from the Senate on May 6, consideration of which, under the rules, was postponed until May 7.)

(For conference report, see House Journal No. 42, p. 922.)

The question being on the adoption of the conference report,

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

Roll Call No. 825 Yeas--59

Agee Gagliardi Jellema Palamara

Baird Geiger Kelly Parks

Birkholz Gernaat Kilpatrick Price

Bobier Gilmer LaForge Richner

Brewer Gire Law Rison

Brown Godchaux Leland Schauer

Byl Griffin LeTarte Schroer

Callahan Gubow Llewellyn Scranton

Cherry Gustafson London Sikkema

Crissman Hale Martinez Stallworth

Dalman Hammerstrom Mathieu Thomas

DeVuyst Hanley McBryde Varga

Dobronski Harder McNutt Wallace

Fitzgerald Hertel Murphy Wojno

Frank Jansen Olshove

Nays--39

Alley Freeman Middaugh Sanborn

Anthony Galloway Middleton Schermesser

Basham Goschka Nye Tesanovich

Bogardus Green Owen Vaughn

Brater Horton Perricone Voorhees

Cassis Jelinek Profit Walberg

Cropsey Kaza Prusi Wetters

Curtis Kukuk Raczkowski Whyman

DeHart Lowe Rhead Willard

Dobb McManus Rocca

In The Chair: Murphy

The Speaker laid before the House the conference report relative to

Senate Bill No. 803, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 2, 3, 4, 7, 9, 11, 11a, 12, 13, 14, 17, 19, 23, 25, 26, 26a, 26b, 28, 29, 30, 33, 35, 44, and 45 (MCL 552.602, 552.603, 552.604, 552.607, 552.609, 552.611, 552.611a, 552.612, 552.613, 552.614, 552.617, 552.619, 552.623, 552.625, 552.626, 552.626a, 552.626b, 552.628, 552.629, 552.630, 552.633, 552.635, 552.644, and 552.645), sections 2, 3, and 23 as amended and sections 28, 29, 30, and 45 as added by 1996 PA 239, sections 4 and 19 as amended by 1992 PA 291, sections 7 and 14 as amended and section 25 as added by 1985 PA 210, sections 9 and 11a as amended and sections 26, 26a, and 26b as added by 1995 PA 236, sections 11 and 17 as amended by 1996 PA 367, sections 33 and 35 as amended by 1996 PA 336, and section 44 as amended by 1996 PA 301, and by adding sections 24a, 25a, and 25b.

(The conference report was received from the Senate on May 6, consideration of which, under the rules, was postponed until May 7.)

(For conference report, see House Journal No. 42, p. 923.)

The question being on the adoption of the conference report,

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

Roll Call No. 826 Yeas--60

Agee Dobronski Harder Murphy

Baird Fitzgerald Hertel Olshove

Birkholz Frank Jansen Palamara

Bobier Gagliardi Jelinek Parks

Brater Geiger Kelly Price

Brewer Gernaat Kilpatrick Richner

Brown Gilmer LaForge Rison

Byl Gire Law Schauer

Callahan Godchaux Leland Schroer

Cassis Goschka LeTarte Sikkema

Cherry Gubow Llewellyn Stallworth

Crissman Gustafson London Thomas

Dalman Hale Martinez Varga

DeVuyst Hammerstrom Mathieu Wallace

Dobb Hanley McBryde Wojno

Nays--33

Alley Kaza Owen Schermesser

Anthony Kukuk Perricone Tesanovich

Basham Lowe Profit Vaughn

Cropsey McManus Prusi Voorhees

DeHart McNutt Raczkowski Walberg

Freeman Middaugh Rhead Wetters

Galloway Middleton Rocca Whyman

Green Nye Sanborn Willard

Horton

In The Chair: Murphy

The Speaker laid before the House the conference report relative to

Senate Bill No. 799, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages, for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," by amending section 2 (MCL 551.102).

(The conference report was received from the Senate on May 6, consideration of which, under the rules, was postponed until May 7.)

(For conference report, see House Journal No. 42, p. 922.)

The question being on the adoption of the conference report,

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

Roll Call No. 827 Yeas--58

Agee Geiger Kelly Parks

Baird Gernaat Kilpatrick Price

Birkholz Gilmer LaForge Rhead

Bobier Gire Law Richner

Brewer Godchaux Leland Rison

Brown Gubow LeTarte Schauer

Byl Gustafson Llewellyn Schroer

Callahan Hale London Scranton

Cherry Hammerstrom Martinez Sikkema

Crissman Hanley Mathieu Stallworth

DeVuyst Harder McBryde Thomas

Dobronski Hertel Murphy Varga

Fitzgerald Hood Olshove Wallace

Frank Jansen Palamara Wojno

Gagliardi Jellema

Nays--41

Alley Freeman McNutt Rocca

Anthony Galloway Middaugh Sanborn

Basham Goschka Middleton Schermesser

Bogardus Green Nye Tesanovich

Brater Horton Owen Vaughn

Cassis Jelinek Perricone Voorhees

Cropsey Kaza Profit Walberg

Curtis Kukuk Prusi Wetters

Dalman Lowe Quarles Whyman

DeHart McManus Raczkowski Willard

Dobb

In The Chair: Murphy

______

Rep. Martinez, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 809-818. Had I been present, I would have voted 'yes' on Roll Call Nos. 809-813 and 818."

The Speaker resumed the Chair.

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

______

Quorum Call

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 828 Yeas--59

Anthony Freeman Lowe Quarles

Baird Gagliardi Martinez Richner

Basham Galloway Mathieu Rison

Birkholz Gire McBryde Rocca

Bogardus Godchaux McManus Schermesser

Brater Green Middaugh Schroer

Brown Hanley Middleton Sikkema

Callahan Harder Murphy Thomas

Cassis Hertel Nye Varga

Cherry Jelinek Olshove Vaughn

Ciaramitaro Jellema Owen Voorhees

Crissman Kelly Palamara Walberg

Curtis Kukuk Parks Whyman

DeHart LaForge Price Wojno

Dobronski LeTarte Profit

In The Chair: Hertel

______

Rep. Frank moved that Rep. Griffin be excused temporarily from today's session.

The motion prevailed.

Rep. Price moved that Reps. Emerson, Ciaramitaro and Tesanovich be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

The Speaker called Acting Speaker DeHart to the Chair.

Messages from the Senate

House Bill No. 4515, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 33 (MCL 791.233), as amended by 1994 PA 217.

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

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

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 33 (MCL 791.233), as amended by 1994 PA 217.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 829 Yeas--91

Agee Geiger Law Raczkowski

Anthony Gernaat Leland Rhead

Baird Gilmer LeTarte Richner

Basham Gire Llewellyn Rison

Birkholz Godchaux London Rocca

Bobier Goschka Lowe Sanborn

Bogardus Green Martinez Schauer

Brater Griffin Mathieu Schermesser

Brewer Gubow McBryde Schroer

Brown Gustafson McManus Scranton

Callahan Hale McNutt Sikkema

Cherry Hammerstrom Middaugh Stallworth

Crissman Hanley Middleton Thomas

Cropsey Harder Murphy Varga

Curtis Horton Nye Vaughn

Dalman Jansen Olshove Voorhees

DeHart Jelinek Owen Walberg

DeVuyst Jellema Palamara Wallace

Dobronski Johnson Parks Wetters

Frank Kelly Perricone Whyman

Freeman Kilpatrick Price Willard

Gagliardi Kukuk Profit Wojno

Galloway LaForge Quarles

Nays--0

In The Chair: DeHart

The House agreed to the title as amended.

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

House Bill No. 4065, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7218 and 7401 (MCL 333.7218 and 333.7401), section 7401 as amended by 1996 PA 249, and by adding section 7401a.

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

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 830 Yeas--92

Agee Freeman Kukuk Quarles

Alley Gagliardi LaForge Raczkowski

Anthony Galloway Law Rhead

Baird Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer London Rocca

Bobier Gire Lowe Sanborn

Bogardus Godchaux Martinez Schauer

Brater Goschka Mathieu Schermesser

Brewer Green McBryde Schroer

Brown Griffin McManus Scranton

Callahan Gubow McNutt Sikkema

Cassis Gustafson Middaugh Stallworth

Cherry Hale Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Palamara Wallace

DeHart Jellema Parks Wetters

DeVuyst Johnson Perricone Whyman

Dobronski Kelly Price Willard

Frank Kilpatrick Profit Wojno

Nays--2

Hammerstrom Llewellyn

In The Chair: DeHart

The House agreed to the full title.

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

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

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

House Bill No. 5419, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 8, 10, 11, 12, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.10, 769.11, 769.12, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 10 and 11 of chapter IX as amended by 1988 PA 90, and section 12 of chapter IX and section 14 of chapter XI as amended and sections 31, 33, and 34 of chapter IX as added by 1994 PA 445, and by adding section 35 to chapter IX and adding chapter XVII.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 831 Yeas--95

Agee Freeman Kukuk Quarles

Alley Gagliardi LaForge Raczkowski

Anthony Galloway Law Rhead

Baird Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bobier Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brater Goschka Martinez Schermesser

Brewer Green Mathieu Schroer

Brown Griffin McBryde Scranton

Callahan Gubow McManus Sikkema

Cassis Gustafson McNutt Stallworth

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Cropsey Harder Nye Voorhees

Curtis Horton Olshove Walberg

Dalman Jansen Owen Wallace

DeHart Jelinek Palamara Wetters

DeVuyst Jellema Parks Whyman

Dobb Johnson Perricone Willard

Dobronski Kelly Price Wojno

Frank Kilpatrick Profit

Nays--0

In The Chair: DeHart

The House agreed to the full title.

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

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

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

Senate Bill No. 281, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1998 PA 209 and section 36 as amended by 1996 PA 554.

The Senate has substituted (S-6) the House substitute (H-5).

The Senate has concurred in the House substitute (H-5) as substituted (S-6), ordered that the bill be given immediate effect and amended the title to read as follows:

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1998 PA 209 and section 36 as amended by 1996 PA 554.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-6) to the House substitute (H-5) made to the bill by the Senate,

The substitute (S-6) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 832 Yeas--66

Agee Dobb Horton Owen

Alley Dobronski Jansen Parks

Baird Frank Jelinek Price

Basham Freeman Jellema Prusi

Birkholz Gagliardi Johnson Quarles

Bobier Galloway Kelly Rison

Bogardus Gernaat Kilpatrick Scranton

Brater Gilmer Leland Sikkema

Brewer Gire LeTarte Stallworth

Cherry Godchaux Lowe Thomas

Ciaramitaro Green Martinez Varga

Crissman Griffin Mathieu Vaughn

Cropsey Gubow McNutt Voorhees

Curtis Gustafson Murphy Walberg

Dalman Hale Nye Wallace

DeHart Hanley Olshove Wetters

DeVuyst Harder

Nays--31

Anthony Kukuk Middleton Sanborn

Brown LaForge Palamara Schermesser

Callahan Law Perricone Schroer

Cassis Llewellyn Profit Tesanovich

Fitzgerald London Raczkowski Whyman

Geiger McBryde Rhead Willard

Goschka McManus Richner Wojno

Hammerstrom Middaugh Rocca

In The Chair: DeHart

The House agreed to the title as amended.

House Bill No. 5398, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34, 34a, 35, 36, and 65a (MCL 791.234, 791.234a, 791.235, 791.236, and 791.265a), section 34 as amended by 1998 PA209, section 34a as amended by 1998 PA 84, section 35 as amended by 1994 PA 217, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13, and by adding section 7a.

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

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

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34, 34a, 35, 36, and 65a (MCL 791.234, 791.234a, 791.235, 791.236, and 791.265a), section 34 as amended by 1998 PA209, section 34a as amended by 1998 PA 84, section 35 as amended by 1994 PA 217, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13, and by adding section 7a.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 833 Yeas--78

Agee DeVuyst Jansen Price

Alley Dobb Jelinek Prusi

Anthony Dobronski Jellema Quarles

Baird Frank Kelly Rison

Basham Freeman Kukuk Schauer

Birkholz Gagliardi LaForge Schermesser

Bobier Galloway Law Scranton

Bogardus Geiger Leland Sikkema

Brater Gernaat LeTarte Tesanovich

Brewer Gilmer Lowe Thomas

Brown Gire Mathieu Varga

Byl Godchaux McManus Vaughn

Callahan Green McNutt Voorhees

Cherry Griffin Middleton Walberg

Ciaramitaro Gubow Nye Wallace

Crissman Gustafson Olshove Wetters

Cropsey Hale Owen Whyman

Curtis Hanley Palamara Willard

Dalman Harder Parks Wojno

DeHart Horton

Nays--21

Cassis Llewellyn Murphy Richner

Fitzgerald London Perricone Rocca

Goschka Martinez Profit Sanborn

Hammerstrom McBryde Raczkowski Schroer

Hood Middaugh Rhead Stallworth

Kilpatrick

In The Chair: DeHart

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.

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

______

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

"Mr. Speaker and members of the House:

I voted against House Bill 5398 because it is deceptive in all that it purports to do. There is, however, much more than meets the eye.

The bill claims that it wants 'no community placement of a prison inmate before the minimum term is served', but is was never openly discussed that the bill also decriminalized the 650 lifer law that puts people away for possessing or transporting large amounts of cocaine. That's right! In voting for HB 5398 you just voted to release over 200 prison inmates who are incarcerated for preying upon our children and grandchildren!

Mr. Speaker, I oppose drugs and drug use. I believe that people who prey upon our kids with drugs should be put away. HB 5398 releases those people back into our neighborhoods to have another crack at our kids. It's a bad bill and the wrong message! Perhaps another bill will try to force taxpayers to pay the traffic tickets and parking fines of drug offenders! What next?"

Second Reading of Bills

Senate Bill No. 826, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 34 (MCL 800.34), as amended by 1996 PA 83; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 2, line 22, after "AFTER" by striking out "JANUARY 1, 1999" and inserting "DECEMBER 15, 1998".

2. Amend page 4, line 9, after "AFTER" by striking out "JANUARY 1" and inserting "DECEMBER 15".

3. Amend page 4, line 24, by striking out "January 1, 1999" and inserting "December 15, 1998".

4. Amend page 5, line 8, after "(h)" by striking out the balance of the subdivision and inserting "House Bill No. 5876.".

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. 826, entitled

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

Roll Call No. 834 Yeas--99

Agee Frank LaForge Raczkowski

Alley Freeman Law Rhead

Anthony Galloway Leland Richner

Baird Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bogardus Godchaux Martinez Schermesser

Brater Goschka Mathieu Schroer

Brewer Green McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Varga

Crissman Hertel Olshove Vaughn

Cropsey Hood Owen Voorhees

Curtis Horton Palamara Walberg

Dalman Jansen Parks Wallace

DeHart Jelinek Perricone Wetters

DeVuyst Jellema Price Whyman

Dobb Kelly Profit Willard

Dobronski Kilpatrick Prusi Wojno

Fitzgerald Kukuk Quarles

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 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending sections 34 and 35 (MCL 800.34 and 800.35), section 34 as amended by 1996 PA 83 and section 35 as added by 1994 PA 218; and to repeal acts and parts of acts.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

(The bill was returned from the Senate on July 1 per House request, consideration of which was postponed until today, see House Journal No. 66, p. 1841.)

Rep. Gagliardi moved that Rule 67 be suspended.

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

Rep. Gagliardi moved to reconsider the vote by which the House passed the bill.

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

Third Reading of Bills

Senate Bill No. 200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

The question being on the passage of the bill,

Rep. Nye moved to amend the bill as follows:

1. Amend page 2, following line 4, enacting section 1, after "effect" by striking out "June" and inserting "September".

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

The question being on the passage of the bill,

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

Roll Call No. 835 Yeas--59

Anthony Gernaat Llewellyn Raczkowski

Basham Goschka London Rhead

Birkholz Green Lowe Richner

Brown Gustafson Mathieu Rison

Byl Hammerstrom McBryde Rocca

Callahan Harder McManus Sanborn

Cassis Horton McNutt Schermesser

Ciaramitaro Jansen Middaugh Sikkema

Cropsey Jelinek Middleton Tesanovich

Curtis Jellema Nye Voorhees

Dalman Johnson Olshove Walberg

DeVuyst Kelly Owen Wetters

Frank Kukuk Palamara Whyman

Gagliardi Law Perricone Wojno

Geiger LeTarte Profit

Nays--41

Agee Dobronski Hanley Schauer

Alley Emerson Hood Schroer

Baird Fitzgerald LaForge Scott

Bobier Freeman Leland Scranton

Bogardus Galloway Martinez Stallworth

Brater Gilmer Murphy Thomas

Brewer Gire Parks Varga

Cherry Godchaux Price Vaughn

Crissman Gubow Prusi Wallace

DeHart Hale Quarles Willard

Dobb

In The Chair: DeHart

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

______

Rep. Scott, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 823-833. Had I been present, I would have voted 'no' on Roll Call Nos. 823-827 and 'yes' on Roll Call Nos. 829-833."

______

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

The motion prevailed.

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

The motion prevailed.

Rep. Scott moved that Rep. Kelly be excused temporarily from today's session.

The motion prevailed.

Rep. McBryde moved that Rep. Johnson be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4849, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14301, 14302, 14303, 14304, 14306, 14501, 14502, 14503, 14504, 14506, and 14510 (MCL 324.14301, 324.14302, 324.14303, 324.14304, 324.14306, 324.14501, 324.14502, 324.14503, 324.14504, 324.14506, and 324.14510) and by adding sections 14511 and 14512; and to repeal acts and parts of acts.

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

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

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 14301, 14302, 14303, 14304, 14306, 14501, 14502, 14503, 14504, 14506, and 14510 (MCL 324.14301, 324.14302, 324.14303, 324.14304, 324.14306, 324.14501, 324.14502, 324.14503, 324.14504, 324.14506, and 324.14510) and by adding sections 14511, 14512, and 14513; and to repeal acts and parts of acts.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 836 Yeas--93

Agee Frank Kilpatrick Quarles

Alley Freeman Kukuk Raczkowski

Anthony Gagliardi LaForge Rhead

Baird Galloway Law Richner

Basham Geiger Leland Rison

Birkholz Gernaat LeTarte Rocca

Bogardus Gilmer Llewellyn Sanborn

Brater Gire London Schauer

Brewer Godchaux Martinez Schermesser

Brown Goschka Mathieu Schroer

Byl Green McBryde Scott

Callahan Gubow McManus Scranton

Cassis Gustafson McNutt Sikkema

Cherry Hale Middaugh Stallworth

Ciaramitaro Hammerstrom Middleton Tesanovich

Crissman Hanley Murphy Thomas

Curtis Harder Olshove Vaughn

Dalman Hertel Owen Voorhees

DeHart Horton Parks Wallace

DeVuyst Jansen Perricone Wetters

Dobb Jelinek Price Whyman

Dobronski Jellema Profit Willard

Emerson Kelly Prusi Wojno

Fitzgerald

Nays--4

Cropsey Lowe Nye Walberg

In The Chair: DeHart

The House agreed to the title as amended.

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

House Bill No. 5719, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 716.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 837 Yeas--94

Agee Fitzgerald Kilpatrick Raczkowski

Alley Frank Kukuk Rhead

Anthony Freeman LaForge Richner

Baird Gagliardi Law Rison

Basham Galloway Leland Rocca

Birkholz Geiger LeTarte Sanborn

Bobier Gernaat Llewellyn Schauer

Bogardus Gilmer London Schermesser

Brater Gire Martinez Schroer

Brewer Godchaux Mathieu Scott

Brown Goschka McBryde Scranton

Byl Green McManus Sikkema

Callahan Gubow McNutt Stallworth

Cassis Gustafson Middaugh Tesanovich

Cherry Hale Middleton Thomas

Ciaramitaro Hammerstrom Murphy Varga

Crissman Hanley Olshove Vaughn

Curtis Harder Owen Voorhees

Dalman Hertel Parks Wallace

DeHart Horton Perricone Wetters

DeVuyst Jansen Price Whyman

Dobb Jelinek Prusi Willard

Dobronski Jellema Quarles Wojno

Emerson Kelly

Nays--4

Cropsey Lowe Nye Walberg

In The Chair: DeHart

The House agreed to the full title.

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

House Bill No. 5620, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 795.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-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. 838 Yeas--92

Agee Fitzgerald Kelly Quarles

Alley Frank Kilpatrick Raczkowski

Anthony Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Basham Galloway Law Rison

Birkholz Gernaat Leland Rocca

Bobier Gilmer LeTarte Sanborn

Bogardus Gire Llewellyn Schauer

Brater Godchaux Martinez Schermesser

Brewer Goschka Mathieu Schroer

Brown Green McBryde Scott

Byl Gubow McManus Scranton

Callahan Gustafson McNutt Sikkema

Cassis Hale Middaugh Stallworth

Cherry Hammerstrom Middleton Tesanovich

Ciaramitaro Hanley Murphy Thomas

Crissman Harder Olshove Varga

Curtis Hertel Owen Vaughn

Dalman Hood Palamara Wallace

DeHart Horton Parks Wetters

DeVuyst Jansen Perricone Whyman

Dobb Jelinek Price Willard

Dobronski Jellema Prusi Wojno

Nays--4

Cropsey Lowe Nye Walberg

In The Chair: DeHart

The House agreed to the full title.

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

Senate Bill No. 902, entitled

The Senate has substituted (S-4) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-4), ordered that it be given immediate effect and agreed to the full title.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the adoption of the substitute (S-4) to House substitute (H-1) made to the bill by the Senate,

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

Roll Call No. 839 Yeas--92

Agee Frank Kukuk Quarles

Alley Gagliardi LaForge Raczkowski

Anthony Galloway Law Rhead

Baird Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bobier Gire London Sanborn

Bogardus Godchaux Martinez Schauer

Brater Goschka Mathieu Schermesser

Brown Green McBryde Schroer

Byl Gustafson McManus Scott

Callahan Hale McNutt Scranton

Cassis Hammerstrom Middaugh Sikkema

Cherry Hanley Middleton Stallworth

Ciaramitaro Harder Murphy Tesanovich

Crissman Hertel Olshove Thomas

Curtis Hood Owen Varga

Dalman Horton Palamara Vaughn

DeHart Jansen Parks Wallace

DeVuyst Jelinek Perricone Wetters

Dobb Jellema Price Whyman

Dobronski Kelly Profit Willard

Fitzgerald Kilpatrick Prusi Wojno

Nays--6

Cropsey Gubow Nye Walberg

Freeman Lowe

In The Chair: DeHart

By unanimous consent the House returned to the order of

Reports of Select Committees

Senate Bill No. 904, entitled

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

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 904, entitled

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

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 196 CLEAN MICHIGAN INITIATIVE IMPLEMENTATION

SEC. 19601. AS USED IN THIS PART:

(A) "BONDS" MEANS THE BONDS AUTHORIZED UNDER THE CLEAN MICHIGAN INITIATIVE ACT.

(B) "CORRECTIVE ACTION" MEANS THAT TERM AS IT IS DEFINED IN PART 213.

(D) "FACILITY" MEANS THAT TERM AS IT IS DEFINED IN PART 201.

(E) "FUND" MEANS THE CLEAN MICHIGAN INITIATIVE BOND FUND CREATED IN SECTION 19606.

(F) "GAMING FACILITY" MEANS A GAMING FACILITY REGULATED UNDER THE MICHIGAN GAMING CONTROL AND REVENUE ACT, THE INITIATED LAW OF 1996, MCL 432.201 TO 432.226.

(G) "LOCAL UNIT OF GOVERNMENT" MEANS A COUNTY, CITY, VILLAGE, OR TOWNSHIP, OR AN AGENCY OF A COUNTY, CITY, VILLAGE, OR TOWNSHIP; OR AN AUTHORITY OR OTHER PUBLIC BODY CREATED BY OR PURSUANT TO STATE LAW.

(H) "RESPONSE ACTIVITY" MEANS THAT TERM AS IT IS DEFINED IN PART 201.

SEC. 19602. THE LEGISLATURE FINDS AND DECLARES THAT THE ENVIRONMENTAL AND NATURAL RESOURCES PROTECTION PROGRAMS IMPLEMENTED UNDER THIS PART ARE A PUBLIC PURPOSE AND OF PARAMOUNT PUBLIC CONCERN IN THE INTEREST OF THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CITIZENS OF THIS STATE.

SEC. 19603. (1) THE BONDS SHALL BE ISSUED IN 1 OR MORE SERIES, EACH SERIES TO BE IN A PRINCIPAL AMOUNT, TO BE DATED, TO HAVE THE MATURITIES WHICH MAY BE EITHER SERIAL, TERM, OR BOTH, TO BEAR INTEREST AT A RATE OR RATES, TO BE SUBJECT OR NOT SUBJECT TO PRIOR REDEMPTION, AND IF SUBJECT TO PRIOR REDEMPTION WITH OR WITHOUT CALL PREMIUMS, TO BE PAYABLE AT A PLACE OR PLACES, TO HAVE OR NOT HAVE PROVISIONS FOR REGISTRATION AS TO PRINCIPAL ONLY OR AS TO BOTH PRINCIPAL AND INTEREST, TO BE IN A FORM AND TO BE EXECUTED IN A MANNER AS SHALL BE DETERMINED BY RESOLUTION TO BE ADOPTED BY THE STATE ADMINISTRATIVE BOARD AND SUBJECT TO OR GRANTING THOSE COVENANTS, DIRECTIONS, RESTRICTIONS, OR RIGHTS SPECIFIED BY RESOLUTION TO BE ADOPTED BY THE STATE ADMINISTRATIVE BOARD AS NECESSARY TO ENSURE THE MARKETABILITY, INSURABILITY, OR TAX EXEMPT STATUS OF THE BONDS. THE STATE ADMINISTRATIVE BOARD SHALL ROTATE THE SERVICES OF LEGAL COUNSEL WHEN ISSUING BONDS.

(2) THE STATE ADMINISTRATIVE BOARD MAY REFUND BONDS ISSUED UNDER THIS PART BY THE ISSUANCE OF NEW BONDS, WHETHER OR NOT THE BONDS TO BE REFUNDED HAVE MATURED OR ARE SUBJECT TO PRIOR REDEMPTION. THE STATE ADMINISTRATIVE BOARD MAY ISSUE BONDS PARTLY TO REFUND BONDS ISSUED UNDER THIS PART AND PARTLY FOR ANY OTHER PURPOSE PROVIDED BY THIS PART. THE PRINCIPAL AMOUNT OF ANY REFUNDING BONDS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE COUNTED AGAINST THE LIMITATION ON PRINCIPAL AMOUNT PROVIDED IN THE CLEAN MICHIGAN INITIATIVE ACT. FURTHER, REFUNDING BONDS ISSUED PURSUANT TO THIS SECTION ARE NOT SUBJECT TO THE RESTRICTIONS OF SECTION 19607.

(3) THE STATE ADMINISTRATIVE BOARD MAY APPROVE INSURANCE CONTRACTS, AGREEMENTS FOR LINES OF CREDIT, LETTERS OF CREDIT, COMMITMENTS TO PURCHASE BONDS, AND ANY OTHER TRANSACTION TO PROVIDE SECURITY TO ASSURE TIMELY PAYMENT OR PURCHASE OF ANY BOND ISSUED UNDER THIS PART.

(4) THE STATE ADMINISTRATIVE BOARD MAY AUTHORIZE THE STATE TREASURER, BUT ONLY WITHIN LIMITATIONS CONTAINED IN THE AUTHORIZING RESOLUTION OF THE BOARD, TO DO 1 OR MORE OF THE FOLLOWING:

(A) SELL AND DELIVER AND RECEIVE PAYMENT FOR THE BONDS.

(B) DELIVER BONDS PARTLY TO REFUND BONDS AND PARTLY FOR OTHER AUTHORIZED PURPOSES.

(D) BUY ISSUED BONDS AT NOT MORE THAN THEIR FACE VALUE.

(E) APPROVE INTEREST RATES OR METHODS FOR FIXING INTEREST RATES, PRICES, DISCOUNTS, MATURITIES, PRINCIPAL AMOUNTS, PURCHASE PRICES, PURCHASE DATES, REMARKETING DATES, DENOMINATIONS, DATES OF ISSUANCE, INTEREST PAYMENT DATES, REDEMPTION RIGHTS AT THE OPTION OF THE STATE OR THE OWNER, THE PLACE AND TIME OF DELIVERY AND PAYMENT, AND OTHER MATTERS AND PROCEDURES NECESSARY TO COMPLETE THE AUTHORIZED TRANSACTIONS.

(F) EXECUTE, DELIVER, AND PAY THE COST OF REMARKETING AGREEMENTS, INSURANCE CONTRACTS, AGREEMENTS FOR LINES OF CREDIT, LETTERS OF CREDIT, COMMITMENTS TO PURCHASE BONDS OR NOTES, AND ANY OTHER TRANSACTION TO PROVIDE SECURITY TO ASSURE TIMELY PAYMENTS OR PURCHASE OF ANY BOND ISSUED UNDER THIS PART.

(5) THE BONDS SHALL BE APPROVED BY THE DEPARTMENT OF TREASURY BEFORE THEIR ISSUANCE BUT ARE NOT OTHERWISE SUBJECT TO THE MUNICIPAL FINANCE ACT, 1943 PA 202, MCL 131.1 TO 139.3.

(6) THE BONDS OR ANY SERIES OF THE BONDS SHALL BE SOLD AT SUCH PRICE AND AT A PUBLICLY ADVERTISED SALE AS DETERMINED BY THE STATE ADMINISTRATIVE BOARD.

(7) THE BONDS SHALL BE SOLD IN ACCORDANCE WITH A SCHEDULE ESTABLISHED BY THE STATE ADMINISTRATIVE BOARD.

SEC. 19604. THE BONDS SHALL BE FULLY NEGOTIABLE UNDER THE UNIFORM COMMERCIAL CODE, 1962 PA 174, MCL 440.1101 TO 440.11102. THE BONDS AND THE INTEREST ON THE BONDS SHALL BE EXEMPT FROM ALL TAXATION BY THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.

SEC. 19605. THE BONDS ARE SECURITIES IN WHICH BANKS, SAVINGS AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES, CREDIT UNIONS, AND OTHER PERSONS CARRYING ON A BANKING BUSINESS; ALL INSURANCE COMPANIES, INSURANCE ASSOCIATIONS, AND OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS; AND ALL ADMINISTRATORS, EXECUTORS, GUARDIANS, TRUSTEES, AND OTHER FIDUCIARIES MAY PROPERLY AND LEGALLY INVEST FUNDS, INCLUDING CAPITAL, BELONGING TO THEM OR WITHIN THEIR CONTROL.

SEC. 19606. (1) THE CLEAN MICHIGAN INITIATIVE BOND FUND IS CREATED IN THE STATE TREASURY.

(2) THE FUND SHALL CONSIST OF ALL OF THE FOLLOWING:

(A) THE PROCEEDS OF SALES OF THE BONDS AND ANY PREMIUM AND ACCRUED INTEREST RECEIVED ON THE DELIVERY OF THE BONDS.

(B) ANY INTEREST OR EARNINGS GENERATED BY THE PROCEEDS DESCRIBED IN SUBDIVISION (A).

(D) ANY FEDERAL OR OTHER FUNDS RECEIVED.

(3) THE DEPARTMENT OF TREASURY MAY ESTABLISH RESTRICTED SUBACCOUNTS WITHIN THE FUND AS NECESSARY TO ADMINISTER THE FUND.

SEC. 19607. (1) THE TOTAL PROCEEDS OF ALL BONDS SHALL BE DEPOSITED INTO THE FUND AND ALLOCATED AS FOLLOWS:

(A) NOT MORE THAN $335,000,000.00 SHALL BE USED FOR RESPONSE ACTIVITIES AT FACILITIES.

(B) NOT MORE THAN $50,000,000.00 SHALL BE USED FOR WATERFRONT IMPROVEMENTS.

(D) NOT MORE THAN $50,000,000.00 SHALL BE USED FOR NONPOINT SOURCE POLLUTION PREVENTION AND CONTROL PROJECTS OR WELLHEAD PROTECTION PROJECTS.

(E) NOT MORE THAN $90,000,000.00 SHALL BE USED FOR WATER QUALITY MONITORING AND WATER RESOURCES PROTECTION AND POLLUTION CONTROL ACTIVITIES.

(F) NOT MORE THAN $20,000,000.00 SHALL BE USED FOR POLLUTION PREVENTION PROGRAMS.

(G) NOT MORE THAN $5,000,000.00 SHALL BE USED TO ABATE LEAD HAZARDS.

(H) NOT MORE THAN $50,000,000.00 SHALL BE USED FOR STATE PARK INFRASTRUCTURE IMPROVEMENTS.

(I) NOT MORE THAN $50,000,000.00 SHALL BE USED FOR LOCAL RECREATION PROJECTS.

(2) THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. EXCEPT AS MAY BE REQUIRED TO MAINTAIN THE EXCLUSION FROM GROSS INCOME OF THE INTEREST PAID ON THE BONDS OR TO COMPLY OTHERWISE WITH STATE OR FEDERAL LAW, INTEREST AND EARNINGS FROM INVESTMENT OF THE PROCEEDS OF ANY BOND ISSUE SHALL BE ALLOCATED IN THE SAME PROPORTION AS EARNED ON THE INVESTMENT OF THE PROCEEDS OF THE BOND ISSUE.

(3) EXCEPT AS MAY BE REQUIRED TO MAINTAIN THE EXCLUSION FROM GROSS INCOME OF THE INTEREST PAID ON THE BONDS OR TO COMPLY OTHERWISE WITH STATE OR FEDERAL LAW, ALL REPAYMENTS OF PRINCIPAL AND INTEREST EARNED UNDER A LOAN PROGRAM AUTHORIZED BY THIS PART SHALL BE CREDITED TO THE APPROPRIATE RESTRICTED SUBACCOUNT OF THE FUND AND USED FOR THE PURPOSES AUTHORIZED FOR THAT SUBACCOUNT OR TO PAY DEBT SERVICE ON ANY OBLIGATION ISSUED WHICH PLEDGES THE LOAN REPAYMENTS AND THE PROCEEDS OF WHICH ARE DEPOSITED IN THAT SUBACCOUNT.

(4) THE BOND PROCEEDS SHALL BE EXPENDED IN AN APPROPRIATE MANNER THAT MAINTAINS THE TAX EXEMPT STATUS OF THE BONDS.

(5) THE UNENCUMBERED BALANCE IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND.

(6) THE DEPARTMENT SHALL PROVIDE AN ANNUAL ACCOUNTING OF BOND PROCEEDS SPENDING ON A CASH BASIS TO THE DEPARTMENT OF TREASURY IN ORDER FOR THE STATE TO COMPLY WITH REQUIREMENTS SET FORTH FOR ISSUING TAX EXEMPT BONDS, INCLUDING ARBITRAGE REBATE CALCULATIONS. THIS ACCOUNTING SHALL BE SUBMITTED TO THE GOVERNOR, THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT PRIMARILY ADDRESS ISSUES PERTAINING TO THE PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT, AND THE APPROPRIATIONS COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.

SEC. 19608. (1) MONEY IN THE FUND THAT IS ALLOCATED UNDER SECTION 19607 SHALL BE USED FOR THE FOLLOWING PURPOSES:

(A) MONEY ALLOCATED UNDER SECTION 19607(1)(A) SHALL BE USED BY THE DEPARTMENT TO FUND ALL OF THE FOLLOWING:

(i) CORRECTIVE ACTIONS UNDERTAKEN BY THE DEPARTMENT TO ADDRESS RELEASES FROM LEAKING UNDERGROUND STORAGE TANKS PURSUANT TO PART 213.

(ii) RESPONSE ACTIVITIES UNDERTAKEN BY THE DEPARTMENT AT FACILITIES PURSUANT TO PART 201 TO ADDRESS PUBLIC HEALTH AND ENVIRONMENTAL PROBLEMS OR TO PROMOTE REDEVELOPMENT.

(iii) ASSESSMENT ACTIVITIES UNDERTAKEN BY THE DEPARTMENT TO DETERMINE WHETHER A PROPERTY IS A FACILITY.

(iv) NOT MORE THAN $20,000,000.00 SHALL BE USED TO PROVIDE GRANTS AND LOANS TO LOCAL UNITS OF GOVERNMENT AND BROWNFIELD REDEVELOPMENT AUTHORITIES CREATED UNDER THE BROWNFIELD REDEVELOPMENT FINANCING ACT, 1996 PA 381, MCL 125.2651 TO 125.2672, FOR RESPONSE ACTIVITIES AT KNOWN OR SUSPECTED FACILITIES WITH REDEVELOPMENT POTENTIAL.

(v) NOT MORE THAN $12,000,000.00 SHALL BE USED FOR GRANTS PURSUANT TO THE MUNICIPAL LANDFILL GRANT PROGRAM UNDER SECTION 20109A.

(B) MONEY ALLOCATED UNDER SECTION 19607(1)(B) SHALL BE USED FOR WATERFRONT REDEVELOPMENT GRANTS PURSUANT TO PART 795.

(C) MONEY ALLOCATED UNDER SECTION 19607(1)(C) SHALL BE USED FOR RESPONSE ACTIVITIES FOR THE REMEDIATION OF CONTAMINATED LAKE AND RIVER SEDIMENTS PURSUANT TO PART 201.

(D) MONEY ALLOCATED UNDER SECTION 19607(1)(D) SHALL BE USED FOR NONPOINT SOURCE POLLUTION PREVENTION AND CONTROL GRANTS OR WELLHEAD PROTECTION GRANTS PURSUANT TO PART 88.

(E) MONEY ALLOCATED UNDER SECTION 19607(1)(E) SHALL BE DEPOSITED INTO THE CLEAN WATER FUND CREATED IN PART 88.

(F) MONEY ALLOCATED UNDER SECTION 19607(1)(F) SHALL BE EXPENDED AS FOLLOWS:

(i) $10,000,000.00 SHALL BE DEPOSITED INTO THE RETIRED ENGINEERS TECHNICAL ASSISTANCE PROGRAM FUND CREATED IN SECTION 14512.

(ii) $5,000,000.00 SHALL BE DEPOSITED INTO THE SMALL BUSINESS POLLUTION PREVENTION ASSISTANCE REVOLVING LOAN FUND CREATED IN SECTION 14513.

(iii) $5,000,000.00 SHALL BE USED BY THE DEPARTMENT TO IMPLEMENT POLLUTION PREVENTION ACTIVITIES OTHER THAN THOSE FUNDED UNDER SUBPARAGRAPHS (i) AND (ii).

(G) MONEY THAT IS ALLOCATED UNDER SECTION 19607(1)(G) SHALL BE USED BY THE DEPARTMENT OF COMMUNITY HEALTH FOR REMEDIATION AND PHYSICAL IMPROVEMENTS TO STRUCTURES TO ABATE OR MINIMIZE EXPOSURE OF PERSONS TO LEAD HAZARDS.

(H) MONEY ALLOCATED UNDER SECTION 19607(1)(H) SHALL BE USED FOR INFRASTRUCTURE IMPROVEMENTS AT MICHIGAN STATE PARKS AS DETERMINED BY THE DEPARTMENT OF NATURAL RESOURCES. THE INSTALLATION OR UPGRADE OF DRINKING WATER SYSTEMS OR REST ROOM FACILITIES SHALL BE THE FIRST PRIORITY.

(I) MONEY ALLOCATED UNDER SECTION 19607(1)(I) SHALL BE USED TO PROVIDE GRANTS TO LOCAL UNITS OF GOVERNMENT FOR LOCAL RECREATION PROJECTS PURSUANT TO PART 716.

(2) OF THE MONEY ALLOCATED UNDER SECTION 19607(1)(A), NOT LESS THAN $40,000,000.00 OR MORE THAN $60,000,000.00 SHALL BE USED FOR FACILITIES THAT POSE AN IMMINENT OR SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, OR TO THE ENVIRONMENT. FOR PURPOSES OF THIS SUBSECTION, FACILITIES THAT POSE AN IMMINENT OR SUBSTANTIAL ENDANGERMENT SHALL INCLUDE, BUT ARE NOT LIMITED TO, THOSE WHERE PUBLIC ACCESS POSES HAZARDS BECAUSE OF POTENTIAL EXPOSURE TO CHEMICALS OR SAFETY RISKS AND WHERE DRINKING WATER SUPPLIES ARE THREATENED BY CONTAMINATION.

(3) BEFORE EXPENDING ANY FUNDS ALLOCATED UNDER SUBSECTION (1)(C) AT A SITE THAT IS AN AREA OF CONCERN AS DESIGNATED BY THE PARTIES TO THE GREAT LAKES WATER QUALITY AGREEMENT, THE DEPARTMENT SHALL NOTIFY THE PUBLIC ADVISORY COUNCIL ESTABLISHED TO OVERSEE THAT AREA OF CONCERN REGARDING THE DEVELOPMENT, IMPLEMENTATION, AND EVALUATION OF RESPONSE ACTIVITIES TO BE CONDUCTED WITH MONEY IN THE FUND AT THAT AREA OF CONCERN.

(4) MONEY IN THE FUND SHALL NOT BE USED TO DEVELOP A MUNICIPAL OR COMMERCIAL MARINA.

(5) MONEY PROVIDED IN THE FUND MAY BE USED BY THE DEPARTMENT OF TREASURY TO PAY FOR THE COST OF ISSUING BONDS AND BY THE DEPARTMENT AND THE DEPARTMENT OF NATURAL RESOURCES TO PAY DEPARTMENT COSTS AS PROVIDED IN THIS SUBSECTION. NOT MORE THAN 3% OF THE TOTAL AMOUNT SPECIFIED IN SECTION 19607(1)(A) TO (F) SHALL BE AVAILABLE FOR APPROPRIATION TO THE DEPARTMENT TO PAY ITS COSTS DIRECTLY ASSOCIATED WITH THE COMPLETION OF A PROJECT AUTHORIZED BY SECTION 19607(1)(A) TO (F). NOT MORE THAN 3% OF THE TOTAL AMOUNT SPECIFIED IN SECTION 19607(1)(H) AND (I) SHALL BE AVAILABLE FOR APPROPRIATION TO THE DEPARTMENT OF NATURAL RESOURCES TO PAY ITS COSTS DIRECTLY ASSOCIATED WITH THE COMPLETION OF A PROJECT AUTHORIZED BY SECTION 19607(1)(H) AND (I). IT IS THE INTENT OF THE LEGISLATURE THAT GENERAL FUND APPROPRIATIONS TO THE DEPARTMENT AND TO THE DEPARTMENT OF NATURAL RESOURCES SHALL NOT BE REDUCED AS A RESULT OF COSTS FUNDED PURSUANT TO THIS SUBSECTION.

(6) A GRANT SHALL NOT BE PROVIDED UNDER THIS PART FOR A PROJECT THAT IS LOCATED AT ANY OF THE FOLLOWING:

(A) LAND SITED FOR USE AS A GAMING FACILITY OR AS A STADIUM OR ARENA FOR USE BY A PROFESSIONAL SPORTS TEAM.

(B) LAND OR OTHER FACILITIES OWNED OR OPERATED BY A GAMING FACILITY OR BY A STADIUM OR ARENA FOR USE BY A PROFESSIONAL SPORTS TEAM.

(C) LAND WITHIN A PROJECT AREA DESCRIBED IN A PROJECT PLAN PURSUANT TO THE ECONOMIC DEVELOPMENT CORPORATIONS ACT, 1974 PA 338, MCL 125.1601 TO 125.1636, FOR A GAMING FACILITY.

(7) THE DEPARTMENT, THE DEPARTMENT OF NATURAL RESOURCES, AND THE DEPARTMENT OF COMMUNITY HEALTH SHALL EACH SUBMIT ANNUALLY A LIST OF ALL PROJECTS THAT WILL BE UNDERTAKEN BY THAT DEPARTMENT THAT ARE RECOMMENDED TO BE FUNDED UNDER THIS PART. THE LIST SHALL BE SUBMITTED TO THE GOVERNOR, THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT PRIMARILY ADDRESS ISSUES PERTAINING TO THE PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT, AND THE APPROPRIATIONS COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE. THE LIST SHALL BE SUBMITTED TO THE LEGISLATIVE COMMITTEES NOT LATER THAN FEBRUARY 15 OF EACH YEAR. THIS LIST SHALL ALSO BE SUBMITTED BEFORE ANY REQUEST FOR SUPPLEMENTAL APPROPRIATION OF BOND FUNDS. FOR EACH ELIGIBLE PROJECT, THE LIST SHALL INCLUDE THE NATURE OF THE ELIGIBLE PROJECT; THE COUNTY IN WHICH THE ELIGIBLE PROJECT IS LOCATED; AN ESTIMATE OF THE TOTAL COST OF THE ELIGIBLE PROJECT; AND OTHER INFORMATION CONSIDERED PERTINENT BY THE ADMINISTERING STATE DEPARTMENT. A PROJECT THAT IS FUNDED BY A GRANT OR LOAN WITH MONEY FROM THE FUND DOES NOT NEED TO BE INCLUDED ON THE LIST SUBMITTED UNDER THIS SUBSECTION. HOWEVER, MONEY IN THE FUND THAT IS APPROPRIATED FOR GRANTS AND LOANS SHALL NOT BE ENCUMBERED OR EXPENDED UNTIL THE ADMINISTERING STATE DEPARTMENT HAS REPORTED THOSE PROJECTS THAT HAVE BEEN APPROVED FOR A GRANT OR A LOAN TO THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT PRIMARILY ADDRESS ISSUES PERTAINING TO THE PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT AND TO THE APPROPRIATIONS SUBCOMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE ON NATURAL RESOURCES AND ENVIRONMENTAL QUALITY. BEFORE SUBMITTING THE FIRST CYCLE OF RECOMMENDED PROJECTS UNDER SECTION 19608(1)(A) PURSUANT TO THIS SUBSECTION, THE DEPARTMENT SHALL PUBLISH AND DISSEMINATE THE CRITERIA IT WILL USE IN EVALUATING AND RECOMMENDING THESE PROJECTS FOR FUNDING.

(8) THE LEGISLATURE SHALL APPROPRIATE PROSPECTIVE OR ACTUAL BOND PROCEEDS FOR PROJECTS PROPOSED TO BE FUNDED. APPROPRIATIONS SHALL BE CARRIED OVER TO SUCCEEDING FISCAL YEARS UNTIL THE PROJECT FOR WHICH THE FUNDS ARE APPROPRIATED IS COMPLETED.

(9) NOT LATER THAN DECEMBER 31 OF EACH YEAR, THE DEPARTMENT, THE DEPARTMENT OF NATURAL RESOURCES, AND THE DEPARTMENT OF COMMUNITY HEALTH SHALL EACH SUBMIT A LIST OF THE PROJECTS FINANCED UNDER THIS PART BY THAT DEPARTMENT TO THE GOVERNOR, THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT PRIMARILY ADDRESS ISSUES PERTAINING TO THE PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT, AND THE SUBCOMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON APPROPRIATIONS ON NATURAL RESOURCES AND ENVIRONMENTAL QUALITY. EACH LIST SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE RECIPIENT OR PARTICIPANT, IF APPROPRIATE; THE NAME AND LOCATION OF THE PROJECT; THE NATURE OF THE PROJECT; THE AMOUNT OF MONEY ALLOCATED TO THE PROJECT; THE COUNTY IN WHICH THE PROJECT IS LOCATED; A BRIEF SUMMARY OF WHAT HAS BEEN ACCOMPLISHED BY THE PROJECT; AND OTHER INFORMATION CONSIDERED PERTINENT BY THE ADMINISTERING STATE DEPARTMENT.

SEC. 19609. AN APPLICATION FOR A GRANT OR A LOAN FROM THE FUND SHALL BE MADE ON A FORM OR IN A FORMAT PRESCRIBED BY THE ADMINISTERING STATE DEPARTMENT. THE ADMINISTERING STATE DEPARTMENT MAY REQUIRE THE APPLICANT TO PROVIDE ANY INFORMATION REASONABLY NECESSARY TO ALLOW THE ADMINISTERING STATE DEPARTMENT TO MAKE A DETERMINATION REQUIRED BY THIS PART.

SEC. 19610. THE ADMINISTERING STATE DEPARTMENT SHALL NOT MAKE A GRANT OR A LOAN WITH MONEY FROM THE FUND UNLESS ALL OF THE FOLLOWING CONDITIONS ARE MET:

(A) THE APPLICANT DEMONSTRATES THAT THE PROPOSED PROJECT IS IN COMPLIANCE WITH ALL APPLICABLE STATE LAWS AND RULES OR WILL RESULT IN COMPLIANCE WITH STATE LAWS AND RULES.

(B) THE APPLICANT DEMONSTRATES TO THE ADMINISTERING STATE DEPARTMENT THE CAPABILITY TO CARRY OUT THE PROPOSED PROJECT.

(C) THE APPLICANT DEMONSTRATES TO THE ADMINISTERING STATE DEPARTMENT THAT THERE IS AN IDENTIFIABLE SOURCE OF FUNDS FOR THE FUTURE MAINTENANCE AND OPERATION OF THE PROPOSED PROJECT, IF APPROPRIATE.

(D) WITHIN THE LAST 24 MONTHS, THE APPLICANT HAS SUCCESSFULLY UNDERGONE AN AUDIT CONDUCTED IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS.

(E) WITHIN THE LAST 24 MONTHS, THE APPLICANT HAS NOT HAD A GRANT FROM THE ADMINISTERING STATE DEPARTMENT REVOKED OR TERMINATED OR HAD THE ADMINISTERING STATE DEPARTMENT DETERMINE THAT THE APPLICANT DEMONSTRATED AN INABILITY TO MANAGE A GRANT.

SEC. 19611. PRIOR TO MAKING A GRANT OR LOAN WITH MONEY FROM THE FUND, THE ADMINISTERING STATE DEPARTMENT SHALL CONSIDER THE EXTENT TO WHICH THE MAKING OF THE GRANT OR LOAN CONTRIBUTES TO THE ACHIEVEMENT OF A BALANCED DISTRIBUTION OF GRANTS AND LOANS THROUGHOUT THE STATE.

SEC. 19612. (1) A RECIPIENT OF A GRANT OR A LOAN MADE WITH MONEY FROM THE FUND SHALL DO BOTH OF THE FOLLOWING:

(A) KEEP AN ACCOUNTING OF THE MONEY SPENT ON THE PROJECT OR FACILITY IN A GENERALLY ACCEPTED MANNER. THE ACCOUNTING SHALL BE SUBJECT TO A POSTAUDIT.

(B) OBTAIN AUTHORIZATION FROM THE ADMINISTERING STATE DEPARTMENT BEFORE IMPLEMENTING A CHANGE THAT SIGNIFICANTLY ALTERS THE PROPOSED PROJECT.

(2) THE ADMINISTERING STATE DEPARTMENT MAY REVOKE A GRANT OR A LOAN MADE WITH MONEY FROM THE FUND OR WITHHOLD PAYMENT IF THE RECIPIENT FAILS TO COMPLY WITH THE TERMS AND CONDITIONS OF THE GRANT OR LOAN AGREEMENT OR WITH THE REQUIREMENTS OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART, OR WITH OTHER APPLICABLE LAW OR RULES. IF A GRANT OR LOAN IS REVOKED, THE ADMINISTERING STATE DEPARTMENT MAY RECOVER ALL FUNDS AWARDED.

(3) THE ADMINISTERING STATE DEPARTMENT MAY WITHHOLD A GRANT OR A LOAN UNTIL THE ADMINISTERING STATE DEPARTMENT DETERMINES THAT THE RECIPIENT IS ABLE TO PROCEED WITH THE PROPOSED PROJECT.

(4) TO ASSURE TIMELY COMPLETION OF A PROJECT, THE ADMINISTERING STATE DEPARTMENT MAY WITHHOLD 10% OF THE GRANT OR LOAN AMOUNT UNTIL THE PROJECT IS COMPLETE.

(5) IF AN APPROVED APPLICANT FAILS TO SIGN A GRANT OR LOAN AGREEMENT WITHIN 90 DAYS AFTER RECEIPT OF A WRITTEN GRANT OR LOAN OFFER BY THE ADMINISTERING STATE DEPARTMENT, THE ADMINISTERING STATE DEPARTMENT MAY CANCEL THE GRANT OR LOAN OFFER. THE APPLICANT MAY NOT APPEAL OR CONTEST A CANCELLATION PURSUANT TO THIS SUBSECTION.

(6) THE ADMINISTERING STATE DEPARTMENT MAY TERMINATE A GRANT OR LOAN AGREEMENT AND REQUIRE IMMEDIATE REPAYMENT OF THE GRANT OR LOAN IF THE RECIPIENT USES GRANT OR LOAN FUNDS FOR ANY PURPOSE OTHER THAN FOR THE APPROVED ACTIVITIES SPECIFIED IN THE GRANT OR LOAN AGREEMENT. THE ADMINISTERING STATE DEPARTMENT SHALL PROVIDE THE RECIPIENT WRITTEN NOTICE OF THE TERMINATION 30 DAYS PRIOR TO THE TERMINATION.

(7) A LOAN MADE WITH MONEY IN THE FUND SHALL HAVE THE FOLLOWING TERMS:

(A) A LOAN INTEREST RATE OF NOT MORE THAN 50% OF THE PRIME RATE AS DETERMINED BY THE ADMINISTERING STATE DEPARTMENT AS OF THE DATE OF APPROVAL OF THE LOAN.

(B) LOAN RECIPIENTS SHALL REPAY LOANS IN EQUAL ANNUAL INSTALLMENTS OF PRINCIPAL AND INTEREST BEGINNING NOT LATER THAN 5 YEARS AFTER EXECUTION OF A LOAN AGREEMENT AND CONCLUDING NOT LATER THAN 15 YEARS AFTER EXECUTION OF A LOAN AGREEMENT.

(C) A LOAN RECIPIENT SHALL ENTER INTO A LOAN AGREEMENT WITH THE ADMINISTERING STATE DEPARTMENT. AT A MINIMUM, THE LOAN AGREEMENT SHALL CONTAIN A COMMITMENT THAT THE LOAN IS SECURED BY A FULL FAITH AND CREDIT PLEDGE OF THE APPLICANT, OR IF THE APPLICANT IS AN AUTHORITY ESTABLISHED PURSUANT TO THE BROWNFIELD REDEVELOPMENT FINANCING ACT, 1996 PA 381, MCL 125.2651 TO 125.2672, THE COMMITMENT SHALL BE FROM THE MUNICIPALITY THAT CREATED THE AUTHORITY PURSUANT TO THAT ACT.

(D) UPON DEFAULT OF A LOAN, AS DETERMINED BY THE ADMINISTERING STATE DEPARTMENT, OR UPON THE REQUEST OF THE LOAN RECIPIENT AS A METHOD TO REPAY THE LOAN, THE DEPARTMENT OF TREASURY SHALL WITHHOLD STATE PAYMENTS FROM THE LOAN RECIPIENT IN AMOUNTS CONSISTENT WITH THE REPAYMENT SCHEDULE IN THE LOAN AGREEMENT UNTIL THE LOAN IS REPAID. THE DEPARTMENT OF TREASURY SHALL DEPOSIT THESE WITHHELD FUNDS INTO THE FUND UNTIL THE LOAN IS REPAID.

(8) LOAN PAYMENTS AND INTEREST SHALL BE DEPOSITED IN THE FUND.

(9) UPON DEFAULT OF A LOAN, AS DETERMINED BY THE ADMINISTERING STATE DEPARTMENT, OR UPON THE REQUEST OF THE LOAN RECIPIENT AS A METHOD TO REPAY THE LOAN, THE DEPARTMENT OF TREASURY SHALL WITHHOLD FROM THE LOAN RECIPIENT STATE PAYMENTS IN AMOUNTS CONSISTENT WITH THE REPAYMENT SCHEDULE IN THE LOAN AGREEMENT UNTIL THE LOAN IS REPAID. THE DEPARTMENT OF TREASURY SHALL DEPOSIT THESE WITHHELD FUNDS INTO THE FUND UNTIL THE LOAN IS REPAID.

SEC. 19613. OF THE FUNDS TO BE USED TO PROVIDE GRANTS AND LOANS UNDER SECTION 19608(1)(A)(iv), ALL OF THE FOLLOWING CONDITIONS APPLY:

(A) A RECIPIENT OF A GRANT SHALL RECEIVE NOT MORE THAN 1 GRANT PER YEAR NOT TO EXCEED $1,000,000.00 PER GRANT.

(B) A RECIPIENT OF A LOAN SHALL RECEIVE A MAXIMUM OF 1 LOAN PER YEAR NOT TO EXCEED $1,000,000.00 PER LOAN.

(i) THE PROPERTY IS A FACILITY AS DEFINED IN SECTION 20101.

(ii) THE PROPOSED DEVELOPMENT OF THE PROPERTY WILL RESULT IN MEASURABLE ECONOMIC BENEFIT IN EXCESS OF THE GRANT AMOUNT REQUESTED BY THE APPLICANT.

(D) A LOAN SHALL BE AWARDED ONLY IF THE DEPARTMENT DETERMINES THAT BOTH OF THE FOLLOWING APPLY:

(i) THE PROPERTY IS A FACILITY AS DEFINED IN SECTION 20101 OR IS SUSPECTED OF BEING A FACILITY.

(ii) THE PROPERTY HAS ECONOMIC DEVELOPMENT POTENTIAL BASED ON THE APPLICANT'S PLANNED USE OF THE PROPERTY.

SEC. 19614. THE DEPARTMENT AND THE DEPARTMENT OF THE ATTORNEY GENERAL MAY RECOVER COSTS EXPENDED PURSUANT TO SECTION 19608(1)(A)(i) TO (iv) FOR CORRECTIVE ACTIONS, RESPONSE ACTIVITIES, SITE ASSESSMENTS, AND ALL OTHER RECOVERABLE COSTS UNDER PART 201 FROM PERSONS WHO ARE LIABLE UNDER PART 201. ACTIONS TO RECOVER COSTS SHALL BE UNDERTAKEN IN THE MANNER PROVIDED IN PART 201.

SEC. 19615. EVERY 2 YEARS THAT STATE PROGRAMS FUNDED WITH MONEY FROM THE FUND CONTINUE TO BE ADMINISTERED, THE AUDITOR GENERAL SHALL CONDUCT A PERFORMANCE AUDIT OF THESE PROGRAMS. UPON COMPLETION OF A PERFORMANCE AUDIT UNDER THIS SECTION, THE AUDITOR GENERAL SHALL SUBMIT A COPY OF THE PERFORMANCE AUDIT TO THE AUDITED DEPARTMENT AND TO THE LEGISLATURE.

SEC. 19616. THE DEPARTMENT MAY PROMULGATE RULES AS ARE NECESSARY TO IMPLEMENT THIS PART.

Enacting section 1. This amendatory act takes effect December 1, 1998.

Enacting section 2. This amendatory act does not take effect unless the question provided for in the clean Michigan initiative act is approved by a majority of the registered electors voting on the question at the November 1998 general election.

Enacting section 3. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) Senate Bill No. 902.

(b) House Bill No. 5620.

(d) House Bill No. 5719.

Second: That the Senate and House agree to the title of the bill to read as follows:

Loren Bennett

George A. McManus, Jr.

Kenneth DeBeaussaert

Conferees for the Senate

Tom Alley

Kwame Kilpatrick

James M. Middaugh

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The question being on the adoption of the conference report,

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

Roll Call No. 840 Yeas--94

Alley Freeman LaForge Raczkowski

Anthony Gagliardi Law Rhead

Baird Galloway Leland Richner

Basham Geiger LeTarte Rison

Birkholz Gernaat Llewellyn Rocca

Bobier Gilmer London Sanborn

Bogardus Gire Martinez Schauer

Brater Godchaux Mathieu Schermesser

Brewer Goschka McBryde Schroer

Brown Green McManus Scott

Byl Gubow McNutt Scranton

Callahan Gustafson Middaugh Sikkema

Cassis Hale Middleton Stallworth

Cherry Hammerstrom Murphy Tesanovich

Ciaramitaro Hanley Olshove Thomas

Crissman Harder Owen Varga

Curtis Hertel Palamara Vaughn

Dalman Hood Parks Voorhees

DeHart Horton Perricone Wallace

DeVuyst Jansen Price Wetters

Dobb Jelinek Profit Whyman

Dobronski Kelly Prusi Willard

Fitzgerald Kilpatrick Quarles Wojno

Frank Kukuk

Nays--4

Cropsey Lowe Nye Walberg

In The Chair: DeHart

Messages from the Senate

House Bill No. 5622, entitled

A bill to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest on the bonds to finance environmental and natural resources protection programs that would remediate and redevelop contaminated sites, protect and improve water quality, upgrade wastewater systems, improve drinking water infrastructure, prevent pollution, abate lead contamination, reclaim and revitalize community waterfronts, enhance recreational opportunities, and clean up contaminated sediments in lakes, rivers, and streams; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state.

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

The Senate has passed the bill by a 2/3 vote as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest on the bonds to finance environmental and natural resources protection programs that would clean up and redevelop contaminated sites, protect and improve water quality, prevent pollution, abate lead contamination, reclaim and revitalize community waterfronts, enhance recreational opportunities, and clean up contaminated sediments in lakes, rivers, and streams; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

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

The substitute (S-1) was concurred in, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 841 Yeas--94

Agee Frank LaForge Raczkowski

Alley Gagliardi Law Rhead

Anthony Galloway Leland Richner

Baird Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Martinez Schauer

Bogardus Godchaux Mathieu Schermesser

Brater Goschka McBryde Schroer

Brewer Green McManus Scott

Brown Gubow McNutt Scranton

Byl Gustafson Middaugh Sikkema

Callahan Hale Middleton Stallworth

Cassis Hammerstrom Murphy Tesanovich

Cherry Hanley Olshove Thomas

Ciaramitaro Harder Owen Varga

Crissman Hood Palamara Vaughn

Curtis Horton Parks Voorhees

Dalman Jansen Perricone Wallace

DeHart Jelinek Price Wetters

DeVuyst Jellema Profit Whyman

Dobb Kelly Prusi Willard

Dobronski Kilpatrick Quarles Wojno

Fitzgerald Kukuk

Nays--5

Cropsey Lowe Nye Walberg

Freeman

In The Chair: DeHart

The House agreed to the title as amended.

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

______

Rep. Dobb, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 829-830. Had I been present, I would have voted 'yes'."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 1156, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 1997 PA 79.

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

SB 1156 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, McBryde,

Nays: None.

Second Reading of Bills

Senate Bill No. 1156, entitled

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

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

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1156, entitled

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

Roll Call No. 842 Yeas--97

Alley Galloway LaForge Raczkowski

Baird Geiger Law Rhead

Basham Gernaat Leland Richner

Birkholz Gilmer LeTarte Rison

Bobier Gire Llewellyn Rocca

Bogardus Godchaux London Sanborn

Brater Goschka Lowe Schauer

Brewer Green Mathieu Schermesser

Brown Gubow McBryde Schroer

Byl Gustafson McManus Scott

Callahan Hale McNutt Scranton

Cassis Hammerstrom Middaugh Sikkema

Cherry Hanley Middleton Stallworth

Ciaramitaro Harder Murphy Tesanovich

Cropsey Hertel Nye Thomas

Curtis Hood Olshove Varga

Dalman Horton Owen Vaughn

DeHart Jansen Palamara Voorhees

DeVuyst Jelinek Parks Walberg

Dobb Jellema Perricone Wallace

Dobronski Johnson Price Wetters

Fitzgerald Kelly Profit Whyman

Frank Kilpatrick Prusi Willard

Freeman Kukuk Quarles Wojno

Gagliardi

Nays--1

Anthony

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:

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Bodem, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 829-842. Had I been present, I would have voted 'yes'."

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4444, entitled

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 356, 356a, 356c, 356d, 362a, 377a, 380, 382, 387, 535, and 540g (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.362a, 750.377a, 750.380, 750.382, 750.387, 750.535, and 750.540g), sections 356c and 356d as added by 1988 PA 20, section 382 as amended by 1980 PA 159, and section 540g as added by 1996 PA 328; and to repeal acts and parts of acts.

The Senate has concurred in the House substitute (H-2) to the Senate substitute (S-1).

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

House Bill No. 4445, entitled

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 74, 77, 131, 157s, 157w, 174, 177, 178, 181, 218, and 219a (MCL 750.74, 750.77, 750.131, 750.157s, 750.157w, 750.174, 750.177, 750.178, 750.181, 750.218, and 750.219a), section 131 as amended by 1984 PA 277, section 157s as amended and section 157w as added by 1987 PA276, and section 219a as amended by 1996 PA 330.

The Senate has concurred in the House substitute (H-2) to the Senate substitute (S-1).

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

House Bill No. 4446, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 822, 2952, and 2953 (MCL 600.822, 600.2952, and 600.2953), section 822 as amended by 1996 PA 374, section 2952 as added by 1984 PA276, and section 2953 as added by 1988 PA 50; and to repeal acts and parts of acts.

The Senate has concurred in the House amendments to the Senate substitute (S-1), agreed to the title of the bill as amended and pursuant to Joint Rule 20 inserted the full title.

The House agreed to the full title.

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

House Bill No. 5627, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501, 61506, and 61525 (MCL 324.61501, 324.61506, and 324.61525), section 61501 as amended by 1998 PA 115 and sections 61506 and 61525 as added by 1995 PA 57, and by adding sections 61506b and 61513a.

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

The House agreed to the full title.

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

House Bill No. 5883, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43525a.

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

The House agreed to the full title.

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

Introduction of Bills

Reps. DeVuyst, Kaza, Jellema, Voorhees, Mans, Cropsey, Bodem, Kukuk, Horton, Richner and Scranton introduced

House Bill No. 5998, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

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

Reps. Tesanovich, Anthony, Prusi, Parks, Martinez, LaForge, Schermesser and Hale introduced

House Bill No. 5999, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 42702, 42706, 42707, 42710, 42713, and 42714 (MCL 324.42702, 324.42706, 324.42707, 324.42710, 324.42713, and 324.42714), as added by 1995 PA 57.

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

Reps. DeHart and Schermesser introduced

House Bill No. 6000, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 64 (MCL 791.264).

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

Rep. DeHart introduced

House Bill No. 6001, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811a (MCL 257.811a), as amended by 1992 PA 59.

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

Reps. LaForge, Brater, Bogardus and Anthony introduced

House Bill No. 6002, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3609.

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

Reps. Hanley and LaForge introduced

House Bill No. 6003, entitled

A bill to require certain billing disclosures by electricity distributors in this state; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and civil sanctions and provide remedies.

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

Reps. Hanley and Olshove introduced

House Bill No. 6004, entitled

A bill to require the registration of certain electricity generators in this state; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and civil sanctions and provide remedies.

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

Reps. Baade and Olshove introduced

House Bill No. 6005, entitled

A bill to establish assigned service areas to electricity distributors; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and civil sanctions and provide remedies.

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

Reps. Birkholz, Bobier, Perricone, Jellema, Cassis, Sikkema, McNutt, Middaugh, Geiger, Hammerstrom, Rhead, Llewellyn, Gernaat, Lowe, Middleton, Green, Gilmer, DeVuyst, Byl, Fitzgerald, Jansen, Brackenridge, Crissman, Voorhees, Jelinek, Richner, Dalman, McManus, Whyman, Scranton and Raczkowski introduced

House Bill No. 6006, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11503 and 11506 (MCL 324.11503 and 324.11506), section 11503 as amended by 1996 PA 359 and section 11506 as amended by 1996 PA 392.

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

Reps. Hanley and Alley introduced

House Bill No. 6007, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21543 (MCL 324.21543).

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

______

The Speaker resumed the Chair.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 905, entitled

A bill to make appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

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

SB 905 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Owen, Parks, Price, Prusi, Rison, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, McBryde,

Nays: Rep. Schroer.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 928, entitled

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

SB 928 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, McBryde,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, July 2, 1998, at 9:00 a.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde,

Absent: Reps. Bankes, Oxender,

Excused: Reps. Bankes, Oxender.

Messages from the Senate

House Bill No. 5516, entitled

A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 6, 11, 20, 81, 101, and 166b (MCL 388.1606, 388.1611, 388.1620, 388.1681, 388.1701, and 388.1766b), sections 6, 11, 20, 81, and 101 as amended by 1997 PA 142 and section 166b as amended by 1996 PA 300, and by adding sections 11l and 20b.

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

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Friday, July 3, at 12:01 a.m.

The motion prevailed.

Rep. Gagliardi moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

The Speaker declared the House adjourned until Friday, July 3, at 12:01 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives. 03 FACE="Times, Times Roman, serif" SIZE=2>

Reps. Profit and Olshove introducd hj07038t.068