hj02160p.012

No. 12

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Wednesday, February 16, 2000.

2:00 p.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--excused

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--excused

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--excused

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--excused

LaSata--present

Law--present

Lemmons--excused

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--e/d/s

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Ron Graes, Pastor of Evangel Baptist Church in Taylor, offered the following invocation:

"Heavenly Father, Thou art worthy of glory and honor and praise because You have created all things and for Your pleasure they are created. We want to thank You because You are the One who is high and lifted up and today we acknowledge that. We confess our humbleness before You and our dependence upon You. Heavenly Father, we thank You that You so blessed us in the state of Michigan. We are reminded that we have nothing that we have not received from Your good hand. Every good gift and every perfect gift is from above--from the Father of lights in whom there is no variance. Thank You for being there for us at all times and for caring. Heavenly Father, we come before You now at the beginning of this business session thanking You for this group of representatives from across our state. We thank You for their dedication. We thank You for their expertise and their experience. Lord, we pray that You would guide them. We are asking that You would have Your hand upon their families as well. Keep them safe, healthy, alert and strong in mind and body. Be with them in their marriages. May their husbands and their wives rejoice in the things that You have done for them. May their marriages be secure. May their children be honorable. Protect them. Father, we would also ask that as they conduct their business, that they would have the heart of the people in their own heart. We pray that they would carry the concerns of their constituency as they come to this place and that the decisions that they make are the ones that You would want them to make. May they be sensitive to Your leading in their lives. Father in Heaven, we also pray that there might be an honor given to them by the people in their districts that would be commensurate with the role and the responsibility that they carry. We also pray, Father, that You would help them to remember that ultimately each one of us would be accountable to You for all of our decisions and deliberations. Bless them at this time we pray. Amen."

______

Rep. Price asked and obtained an excuse from tomorrow's session.

Rep. Scott moved that Reps. Brater, LaForge and Lemmons be excused from today's session.

The motion prevailed.

Rep. DeWeese moved that Rep. Rick Johnson be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5184, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 18a to chapter XVII.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5184, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 18a to chapter XVII.

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

Roll Call No. 35 Yeas--102

Allen Garcia Kuipers Rocca

Baird Garza Kukuk Sanborn

Basham Geiger LaSata Schauer

Birkholz Gieleghem Law Schermesser

Bisbee Gilbert Lockwood Scott

Bishop Godchaux Mans Scranton

Bogardus Gosselin Martinez Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stallworth

Byl Hansen Neumann Stamas

Callahan Hardman O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Tesanovich

Cherry Jacobs Pestka Thomas

Clarke, H. Jamnick Price Toy

Daniels Jansen Prusi Van Woerkom

DeHart Jelinek Pumford Vander Roest

Dennis Jellema Quarles Vaughn

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Reeves Voorhees

DeWeese Kelly Richardville Wojno

Ehardt Kilpatrick Richner Woodward

Faunce Koetje Rivet Woronchak

Frank Kowall

Nays--0

In The Chair: Patterson

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 1999 PA 67.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Allen, Basham, Birkholz, Bovin, Callahan, Cassis, DeVuyst, DeWeese, Hager, Ruth Johnson, Julian, Kelly, Kowall, Kuipers, Kukuk, Law, Lockwood, Mans, Neumann, Pappageorge, Patterson, Raczkowski, Richner, Rocca, Shulman, Stamas, Toy, Van Woerkom, Vander Roest, Vear and Wojno were named co-sponsors of the bill.

______

Rep. Perricone entered the House Chambers.

Second Reading of Bills

House Bill No. 5185, entitled

A bill to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 6 (MCL 752.796), as amended by 1996 PA 326.

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

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

Rep. O'Neil 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. Raczkowski moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5185, 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. 36 Yeas--105

Allen Garcia Kuipers Rivet

Baird Garza Kukuk Rocca

Basham Geiger LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lockwood Schermesser

Bishop Godchaux Mans Scott

Bogardus Gosselin Martinez Scranton

Bovin Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brewer Hale Minore Shulman

Brown, B. Hanley Mortimer Spade

Brown, C. Hansen Neumann Stallworth

Byl Hardman O'Neil Stamas

Callahan Hart Pappageorge Switalski

Cassis Howell Patterson Tabor

Caul Jacobs Perricone Tesanovich

Cherry Jamnick Pestka Thomas

Clarke, H. Jansen Price Toy

Daniels Jelinek Prusi Van Woerkom

DeHart Jellema Pumford Vander Roest

Dennis Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeVuyst Kelly Reeves Voorhees

DeWeese Kilpatrick Richardville Wojno

Ehardt Koetje Richner Woodward

Faunce Kowall Rison Woronchak

Frank

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5186, entitled

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5186, 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. 37 Yeas--104

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza Kukuk Sanborn

Birkholz Geiger LaSata Schauer

Bisbee Gieleghem Law Schermesser

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Martinez Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brewer Hager Minore Shulman

Brown, B. Hale Mortimer Spade

Brown, C. Hanley Neumann Stallworth

Byl Hansen O'Neil Stamas

Callahan Hardman Pappageorge Switalski

Cassis Hart Patterson Tabor

Caul Howell Perricone Tesanovich

Cherry Jacobs Pestka Thomas

Clarke, H. Jamnick Price Toy

Daniels Jansen Prusi Van Woerkom

DeHart Jelinek Pumford Vander Roest

Dennis Jellema Quarles Vaughn

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Reeves Voorhees

DeWeese Kelly Richardville Wojno

Ehardt Kilpatrick Richner Woodward

Faunce Koetje Rison Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5187, entitled

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5187, 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. 38 Yeas--104

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Garza LaSata Sanborn

Birkholz Geiger Law Schauer

Bisbee Gieleghem Lockwood Schermesser

Bishop Gilbert Mans Scott

Bogardus Godchaux Martinez Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brewer Hager Minore Shulman

Brown, B. Hale Mortimer Spade

Brown, C. Hansen Neumann Stallworth

Byl Hardman O'Neil Stamas

Callahan Hart Pappageorge Switalski

Cassis Howell Patterson Tabor

Caul Jacobs Perricone Tesanovich

Cherry Jamnick Pestka Thomas

Clarke, H. Jansen Price Toy

Daniels Jelinek Prusi Van Woerkom

DeHart Jellema Pumford Vander Roest

Dennis Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeVuyst Kelly Reeves Voorhees

DeWeese Kilpatrick Richardville Wojno

Ehardt Koetje Richner Woodward

Faunce Kowall Rison Woronchak

Nays--0

In The Chair: Patterson

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Basham, Bishop, Bogardus, Cameron Brown, Callahan, Cassis, Clarke, Dennis, Faunce, Hansen, Hart, Jacobs, Julian, Kelly, Koetje, Kukuk, LaSata, Law, Lockwood, Mans, Minore, Neumann, Pappageorge, Patterson, Rocca, Scott, Sheltrown, Shulman, Stallworth, Stamas, Toy, Van Woerkom, Vander Roest, Vaughn, Vear, Voorhees, Wojno and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4752, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 203 (MCL 436.1203).

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

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

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

Reps. Jelinek, Middaugh, Birkholz, LaSata and Allen moved to amend the bill as follows:

1. Amend page 2, line 20, after "OUTSIDE" by striking out "OF ALL SIDES".

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4752, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 203 (MCL 436.1203).

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

Roll Call No. 39 Yeas--102

Allen Frank Kukuk Rocca

Baird Garcia LaSata Sanborn

Basham Geiger Law Schauer

Birkholz Gieleghem Lockwood Schermesser

Bisbee Gilbert Mans Scott

Bishop Godchaux Martinez Scranton

Bogardus Gosselin Mead Shackleton

Bovin Green Middaugh Sheltrown

Bradstreet Hager Mortimer Shulman

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Brown, C. Hansen Pappageorge Stamas

Byl Hart Patterson Switalski

Callahan Howell Perricone Tabor

Cassis Jacobs Pestka Tesanovich

Caul Jamnick Price Thomas

Cherry Jansen Prusi Toy

Clarke, H. Jelinek Pumford Van Woerkom

Daniels Jellema Quarles Vander Roest

DeHart Johnson, Ruth Raczkowski Vaughn

Dennis Julian Reeves Vear

DeRossett Kelly Richardville Voorhees

DeVuyst Kilpatrick Richner Wojno

DeWeese Koetje Rison Woodward

Ehardt Kowall Rivet Woronchak

Faunce Kuipers

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Basham, Cameron Brown, Caul, DeVuyst, Faunce, Garcia, Koetje, Kuipers, Kukuk, Law, Mortimer, O'Neil, Pappageorge, Patterson, Raczkowski, Rocca, Scott, Shulman, Van Woerkom, Vaughn, Vear and Woronchak were named co-sponsors of the bill.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Lemmons, Daniels, Richner, DeHart, Hansen, Vaughn, Bogardus, Kelly, Rivet, Kilpatrick, Hardman, Baird, Ehardt, Vear, Cherry, Thomas, Reeves, Clarke, Scott, Jamnick, Garza, O'Neil, Hale and DeWeese offered the following resolution:

House Resolution No. 278.

A resolution honoring Edward A. Carey, Jr.

Whereas, It is with a strong sense of admiration for all of the sacrifices he has made on behalf of the people of Wayne county that we salute Edward A. Carey, Jr. His retirement from public office as the Director of Wayne County Elections marks the end of an era of effectiveness and efficiency in public service. We thank this conscientious individual on this occasion and are confident that the people of Wayne county will long benefit from his service; and

Whereas, In the 13 years since Edward A. Carey, Jr. began his responsibilities as the Director of Elections, the people of Wayne county have appreciated the dedication and belief in this community's future that have marked all elements of his work. At a time in our history in which local officials face many challenges and changes, Edward A. Carey, Jr. has responded with energy and a heartfelt concern for the citizens, businesses, and institutions of Wayne county; and

Whereas, Edward A. Carey, Jr. retired as Director of Elections for the county of Wayne, Michigan, on December 31, 1999, capping a distinguished career of public service that lasted 32 years beginning in 1968; and

Whereas, Edward A. Carey, Jr. was born in the city of Detroit, Michigan, on June 20, 1950, the only son of Edward A. Carey, Sr. and Beatrice; A. (Warren). He was the last of six children, following his sisters Colleen, Patricia, Sheila, Shannon, and Mary Lou. Carey was raised in a strong labor-oriented and public service family. His father, Edward A., Sr., was pioneer in the early movement of the UAW at Chrysler Corporation where he served as an international representative. The elder Carey proudly seconded the nomination of Walter Reuther, then later ran for President of the UAW. Ed's father served as a member of the State House of Representatives from 1944 through 1957, rising to Democratic House Minority Leader, and later was elected to the Detroit Common Council in 1958 through 1969 serving two terms as Council President; and

Whereas, It was from this background that Edward, Jr. launched a career that spanned 32 years in public service. Beginning in Detroit parochial schools, Carey continued his education, attending Wayne State University during the years 1969 through 1977; and

Whereas, Edward's employment with the county of Wayne, began during the summer of 1968 as a temporary election worker for the Wayne County Election Commission. This service was interrupted only by a two-year enlistment in the United States Navy where he served honorably in the rank of a Third Class Petty Officer with Service Squadron 9, 9th Naval District stationed at Pear Harbor, Hawaii. Upon discharge in 1971, Ed began his career with Wayne county in earnest. He started as an entry clerk in the County Treasurer's office, subsequently transferring to the County Clerk's Office. He steadily rose in rank to become the Assistant Director of Elections in 1978 and Director of Elections in 1987, the position he held at his retirement; and

Whereas, Ed married Muriel Martha Ciesielski on June 6, 1975. "Marty" as she was affectionately called by all who knew her, departed from this life sadly on September 6, 1999 after a lingering illness of many years. Marty blessed Ed with three lovely daughters, Erin, 22, Maureen, 20, Elizabeth, 19, and a handsome son Edward A., III, 13. It is in her memory, that we proudly proclaim the outstanding accomplishments of her ever-loving and devoted husband, Edward A. Carey, Jr.; and

Whereas, Edward A. Carey, Jr. takes with him into retirement many memories of the difficult tasks that have fallen to him and valuable insights into the complexity of our system of self-government. With all that he has given to the people of Wayne County Elections, he can also take a great deal of personal pride and satisfaction; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor and thank Edward A. Carey, Jr. for his work as Director of Elections. May health and happiness be his in the future; and be it further

Resolved, That a copy of this resolution be transmitted to Edward A. Carey, Jr. as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lemmons, Daniels, Richner, DeHart, Hansen, Vaughn, Bogardus, Kelly, Rivet, Kilpatrick, Hardman, Baird, Ehardt, Cherry, Thomas, Reeves, Clarke, Scott, Jamnick, Garza, O'Neil, Hale and DeWeese offered the following resolution:

House Resolution No. 279.

A resolution honoring Peter C. Barbieri.

Whereas, It is with a strong sense of admiration for all of the sacrifices he has made on behalf of the people of Wayne county that we salute Peter C. Barbieri. His retirement from public office as the Assistant Director of Wayne County Elections marks the end of an era of effectiveness and efficiency in public service. We thank this conscientious individual on this occasion and are confident that Wayne county will long benefit from his service; and

Whereas, In the five years since Peter C. Barbieri began his responsibilities as the Assistant Director, the people of Wayne county have appreciated the dedication and belief in this community's future that have marked all elements of his work. At a time in our history in which local officials face many challenges and changes, Peter C. Barbieri has responded with energy and a heartfelt concern for the citizens, businesses, and institutions of Wayne county; and

Whereas, Peter C. Barbieri retired as Assistant Director of Elections for the county of Wayne, Michigan, on December 31, 1999, capping a distinguished career of public service that lasted 31 years beginning in May 1969; and

Whereas, Peter C. Barbieri was the oldest of three children, given to this world by Chuck and Mary Barbieri. Peter was born in the city of Detroit on January 27, 1951. His siblings include a sister, Barbara, and brother, Michael. In 1974, he married his lovely wife, Cheryl (Creech ), from which sprang forth three children, Jeff, Brian and Angela, as well as three grandchildren; and

Whereas, Peter C. Barbieri received his secondary education from Detroit Public Schools. He continued his formal education by attending classes at Wayne State University and Macomb County Community College. He began his career with the county of Wayne as a Clerk I tax collector in the office of the Wayne County Treasurer, ultimately transferring to the Wayne County Clerk's office in 1978. There, Peter distinguished himself in a variety of positions working in the Fiscal Unit Court Services, Vital Records, and Reproduction Departments of the Clerk's office. He also served as a Deputy Circuit Court Clerk for the Honorable M. Ryan in the 3rd Judicial Circuit; and

Whereas, Peter C. Barbieri, with his dedication, perseverance, and hard work earned himself a promotion to Assistant Director of Elections in 1995, the position from which he is now retiring. Peter is President of the Michigan Court Clerks' Association. He also was elected to serve two terms on the Executive Board of the Government Administrators Association as well as in many other capacities until his retirement; and

Whereas, Peter C. Barbieri takes with him into retirement many memories of the difficult tasks that have fallen to him and valuable insights into the complexity of our system of self-government. With all that he has given to the people of Wayne County, he can also take a great deal of personal pride and satisfaction; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor and thank Peter C. Barbieri for his work as Assistant Director of Wayne County Elections. May health and happiness be his in the future; and be it further

Resolved, That a copy of this resolution be transmitted to Peter C. Barbieri as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5227, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 232 (MCL 257.232), as amended by 1997 PA 101.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5227 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Schermesser,

Nays: Reps. Bovin, Lemmons.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5230, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending sections 7 and 10 (MCL 28.297 and 28.300), as added by 1997 PA 99.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5230 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Schermesser,

Nays: Reps. Bovin, Lemmons.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5270, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80130c, 80315c, 81114c, and 82156c (MCL 324.80130c, 324.80315c, 324.81114c, and 324.82156c), as added by 1997 PA 102.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5270 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Schermesser,

Nays: Rep. Lemmons.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 857, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 33, 79, 216, 217b, 233a, 301, 657, 660, 705, and 801 (MCL 257.33, 257.79, 257.216, 257.217b, 257.233a, 257.301, 257.657, 257.660, 257.705, and 257.801), section 33 as amended by 1997 PA 56, section 79 as amended by 1992 PA 134, section 216 as amended by 1996 PA 141, section 233a as amended by 1988 PA 470, section 301 as amended by 1988 PA 346, section 660 as amended by 1994 PA 348, section 705 as amended by 1995 PA 91, and section 801 as amended by 1998 PA 384, and by adding sections 25b and 658b.

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 857 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Jamnick, Lemmons, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gilbert, Vice-Chair of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, February 15, 2000, at 3:17 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Jamnick, Lemmons, Reeves, Schermesser,

Absent: Rep. Brewer,

Excused: Rep. Brewer.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5126, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5126 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Lemmons.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5128, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5128 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Lemmons.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5129, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5129 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5130, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5130 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Brater,

Nays: Reps. Vaughn, Lemmons.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Tuesday, February 15, 2000, at 10:00 a.m.,

Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza, Lemmons.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, February 16, 2000, at 10:30 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Neumann, Quarles, Schauer, Woodward,

Absent: Rep. Lemmons,

Excused: Rep. Lemmons.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, February 16:

House Bill Nos. 5349 5350 5351 5352 5353 5354 5355 5356 5357 5358 5359

The Clerk announced that the following Senate bill had been received on Wednesday, February 16:

Senate Bill No. 392

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4305, entitled

A bill to make, supplement, and adjust appropriations for the department of environmental quality for the fiscal year ending September 30, 2000 and other fiscal periods; to prescribe the powers and duties of certain state agencies and officials; and to provide for the expenditure of the appropriations.

The Senate has appointed Senators Bennett, Gast and A. Smith as conferees to join with Reps. Byl, Mead and Cherry.

The bill was referred to Conference Committee on February 16, 2000.

Senate Bill No. 392, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627a (MCL 257.627a), as amended by 1996 PA 574.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Geiger introduced

House Bill No. 5360, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.