No. 40

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Thursday, May 4, 2000.

12:00 Noon.

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

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--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--excused

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--excused

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--absent

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

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--excused

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. James Kesler, from Peace Presbyterian Church in Clinton Township, offered the following invocation:

"God of Abraham and Isaac, God of Sarah and Rachael, set apart these elected Representatives for the deliberations of the day. Grant them empathy with their constituents, patience with one another, and a vision and commitment to the greater good.

O Thou who art nearer to us than we are to ourselves, sustain us, refresh us, inspire us and renew us. We pray that we may put aside any cynicism, suspicion, or distrust to move toward partnership and Godly collaboration with energy, imagination, intelligence, and goodwill. And the people of God said, Amen."

______

Rep. Scott moved that Reps. Daniels, Hanley and Schermesser be excused from today's session.

The motion prevailed.

Rep. Bovin, 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. 320-323. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 5418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20140 (MCL 324.20140), as amended by 1995 PA 71.

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

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

Rep. DeVuyst moved to amend the bill as follows:

1. Amend page 1, line 1, after "in" by striking out "subsection (2)" and inserting "SUBSECTIONS (2) AND (3)".

2. Amend page 2, line 7, after "of" by striking out "response activity costs and".

3. Amend page 2, line 10, by striking out all of subsection (3) and inserting:

"(3) FOR RECOVERY OF RESPONSE ACTIVITY COSTS THAT WERE INCURRED PRIOR TO JULY 1, 1991, THE LIMITATION PERIOD FOR FILING ACTIONS UNDER THIS PART IS JULY 1, 1994.".

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

Rep. DeVuyst 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.

______

Rep. Garcia moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20140 (MCL 324.20140), as amended by 1995 PA 71.

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

Roll Call No. 336 Yeas--104

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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. 5587, entitled

A bill to repeal 1976 PA 340, entitled "An act to create a municipal fire service classification board; to prescribe the powers and duties of certain state agencies and officials; to provide for the evaluation of fire service delivery systems; to establish a fire service classification scale; to provide recommendations for the improvement of the capabilities of fire service delivery systems to improve life safety and to reduce fire losses for the citizens of this state; to provide for the promulgation of rules; and to provide for the administration of this act," (MCL 28.651 to 28.657).

The bill was read a second time.

Rep. Julian 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. 5587, entitled

A bill to repeal 1976 PA 340, entitled "An act to create a municipal fire service classification board; to prescribe the powers and duties of certain state agencies and officials; to provide for the evaluation of fire service delivery systems; to establish a fire service classification scale; to provide recommendations for the improvement of the capabilities of fire service delivery systems to improve life safety and to reduce fire losses for the citizens of this state; to provide for the promulgation of rules; and to provide for the administration of this act," (MCL 28.651 to 28.657).

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

Roll Call No. 337 Yeas--104

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1085, entitled

A bill to repeal 1889 PA 204, entitled "An act to authorize the township board of any township in the upper peninsula to license hawkers, peddlers and pawnbrokers, and hawking and peddling, and to regulate and license the sale or peddling of goods, wares, merchandise, refreshments or any kind of property or thing by persons going about from place to place in the township, for that purpose, or from any stand, cart, vehicle, or other device, in the streets, highways, or in or upon wharves, docks, open places or spaces, public grounds or buildings in the township, and to provide a forfeiture for every person who, without license, or contrary to the terms of any license granted to him, shall exercise any occupation or trade, or do anything in respect to which any license shall be required by any resolution or regulation of the township board, made or passed under authority of this act," (MCL 446.101 to 446.105).

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1085, entitled

A bill to repeal 1889 PA 204, entitled "An act to authorize the township board of any township in the upper peninsula to license hawkers, peddlers and pawnbrokers, and hawking and peddling, and to regulate and license the sale or peddling of goods, wares, merchandise, refreshments or any kind of property or thing by persons going about from place to place in the township, for that purpose, or from any stand, cart, vehicle, or other device, in the streets, highways, or in or upon wharves, docks, open places or spaces, public grounds or buildings in the township, and to provide a forfeiture for every person who, without license, or contrary to the terms of any license granted to him, shall exercise any occupation or trade, or do anything in respect to which any license shall be required by any resolution or regulation of the township board, made or passed under authority of this act," (MCL 446.101 to 446.105).

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

Roll Call No. 338 Yeas--102

Allen Garcia Kukuk Rivet

Baird Garza LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Lemmons Schauer

Bisbee Godchaux Mans Scott

Bishop Gosselin Martinez Scranton

Bogardus Green Mead Shackleton

Bovin Hager Middaugh Sheltrown

Bradstreet Hale Minore Shulman

Brater Hansen Mortimer Spade

Brewer Hardman Neumann Stallworth

Brown, B. Hart O'Neil Stamas

Brown, C. Howell Pappageorge Switalski

Callahan Jacobs Patterson Tabor

Cassis Jamnick Perricone Tesanovich

Caul Jansen Pestka Thomas

Cherry Jelinek Price Toy

Clark, I. Jellema Prusi Van Woerkom

Clarke, H. Johnson, Rick Pumford Vander Roest

DeHart 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 Kuipers

Nays--1

Lockwood

In The Chair: Scranton

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.

______

Rep. Lockwood, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Contrary to the explanation of this bill given to the Local Government and Urban Policy Committee by the presenter, I believe the proposed constitutional amendment is good public policy."

Second Reading of Bills

Senate Bill No. 1158, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 2 (MCL 141.932), as amended by 1998 PA 528.

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1158, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 2 (MCL 141.932), as amended by 1998 PA 528.

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

Roll Call No. 339 Yeas--103

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Lemmons Scott

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hansen Mortimer Stamas

Brown, C. Hardman Neumann Switalski

Byl Hart O'Neil Tabor

Callahan Howell Pappageorge Tesanovich

Cassis Jacobs Patterson Thomas

Caul Jamnick Perricone Toy

Cherry Jansen Pestka Van Woerkom

Clark, I. Jelinek Price Vander Roest

Clarke, H. Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Scranton

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

"An act to provide emergency financial assistance for certain municipalities; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specific revenue sources; to impose certain requirements and duties on certain state departments, municipalities of this state, and officials of the state and municipalities of this state; and to prescribe remedies and penalties,".

The House agreed to the full title.

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

Senate Bill No. 1159, entitled

A bill to amend 1972 PA 354, entitled "An act to authorize the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidences of indebtedness issued by public corporations; and to prescribe the powers and duties of certain departments and agencies," by repealing section 5 (MCL 129.135).

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1159, entitled

A bill to amend 1972 PA 354, entitled "An act to authorize the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidences of indebtedness issued by public corporations; and to prescribe the powers and duties of certain departments and agencies," by repealing section 5 (MCL 129.135).

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

Roll Call No. 340 Yeas--104

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1160, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 7 (MCL 141.1057), as amended by 1997 PA 27.

The bill was read a second tine.

Rep. Raczkowski 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

Senate Bill No. 1160, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 7 (MCL 141.1057), as amended by 1997 PA 27.

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

Roll Call No. 341 Yeas--104

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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

"An act to create the Michigan municipal bond authority and to prescribe its powers and duties; to provide for the issuance of, and terms and conditions for, notes and bonds of the authority; to authorize certain forms of assistance to governmental units including the creation and management of investments; to impose conditions on, grant certain powers to political subdivisions of the state and water suppliers regarding, and allow certain agreements regarding obligations of political subdivisions of the state and water suppliers purchased by the authority; to exempt the property, income, and operation of the authority, its bonds and notes, and the interest on its bonds and notes from certain taxes; and to grant powers and impose duties on officers and agencies of the state, political subdivisions of the state, and water suppliers,".

The House agreed to the full title.

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

Senate Bill No. 1125, entitled

A bill to repeal 1861 PA 263, entitled "An act to provide for the floating of logs and timber in the streams of this state," (MCL 426.51 to 426.57).

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1125, entitled

A bill to repeal 1861 PA 263, entitled "An act to provide for the floating of logs and timber in the streams of this state," (MCL 426.51 to 426.57).

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

Roll Call No. 342 Yeas--104

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaForge Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Johnson, Ruth Pumford Vaughn

DeRossett Julian Quarles Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Kilpatrick Reeves Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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

Senate Bill No. 936, entitled

A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 6 (MCL 397.606), as added by 1999 PA 37.

The bill was read a second time.

Rep. Richner moved to amend the bill as follows:

1. Amend page 2, line 17, by striking out all of line 17 and inserting "October 1, 2000.".

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

Reps. Switalski and Richner moved to amend the bill as follows:

1. Amend page 2, line 13, after "IS" by striking out the balance of the subsection and inserting "IMMUNE FROM LIABILITY IN A CIVIL ACTION AS PROVIDED IN SECTION 7 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 691.1407.".

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

Rep. Raczkowski 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

Senate Bill No. 936, entitled

A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 6 (MCL 397.606), as added by 1999 PA 37.

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

Roll Call No. 343 Yeas--100

Allen Ehardt Kilpatrick Richardville

Baird Faunce Koetje Richner

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza Kukuk Sanborn

Bishop Geiger LaSata Schauer

Bogardus Gieleghem Lemmons Scott

Bovin Gilbert Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

DeHart Jellema Price Vear

Dennis Johnson, Rick Prusi Voorhees

DeRossett Johnson, Ruth Pumford Wojno

DeVuyst Julian Raczkowski Woodward

DeWeese Kelly Reeves Woronchak

Nays--4

Godchaux LaForge Stallworth Vaughn

In The Chair: Scranton

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

"An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials,".

The House agreed to the full title.

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

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

______

Rep.Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I rise in opposition to this myopic piece of legislation designed apparently to make the Legislature the New Internet Police.

The same people who oppose taxing business on the internet has no problem policing or at least telling someone how to police the internet. Libraries have far more experience at this than legislators.

Apparently this policing legislation is aimed at pornography on the net. That is not the real problem with our youth. The real problem are the violent video games that were designed by the military to ease the thought of killing another human. Violent video games have been blamed on school shootings across the nation. The internet is not the problem, the problem are violent video games - vote no."

Second Reading of Bills

Senate Bill No. 1126, entitled

A bill to repeal 1867 PA 202, entitled "An act to protect the title of the owners of floating logs and lumber," (MCL 426.101 to 426.107).

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1126, entitled

A bill to repeal 1867 PA 202, entitled "An act to protect the title of the owners of floating logs and lumber," (MCL 426.101 to 426.107).

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

Roll Call No. 344 Yeas--105

Allen Garcia Kuipers Rison

Baird Garza Kukuk Rivet

Basham Geiger LaForge Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Johnson, Ruth Pumford Vaughn

DeRossett Julian Quarles Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Kilpatrick Reeves Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Frank

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1127, entitled

A bill to repeal 1897 PA 43, entitled "An act to provide for the analysis of water in use by the public in certain cases," (MCL 390.81 to 390.83).

The bill was read a second time.

Rep. Raczkowski 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.

______

Rep. Bogardus moved that Rep. Cherry 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. 1127, entitled

A bill to repeal 1897 PA 43, entitled "An act to provide for the analysis of water in use by the public in certain cases," (MCL 390.81 to 390.83).

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

Roll Call No. 345 Yeas--105

Allen Garcia Kuipers Rison

Baird Garza Kukuk Rivet

Basham Geiger LaForge Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Johnson, Ruth Pumford Vaughn

DeRossett Julian Quarles Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Kilpatrick Reeves Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Frank

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1129, entitled

A bill to repeal 1907 PA 226, entitled "An act to provide for the payment of bounties for the killing of English sparrows," (MCL 433.281 to 433.284).

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 1129, entitled

A bill to repeal 1907 PA 226, entitled "An act to provide for the payment of bounties for the killing of English sparrows," (MCL 433.281 to 433.284).

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

Roll Call No. 346 Yeas--103

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaForge Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

DeHart Jellema Price Vaughn

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Quarles Wojno

DeWeese Kelly Raczkowski Woodward

Ehardt Kilpatrick Reeves Woronchak

Faunce Koetje Richardville

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1128, entitled

A bill to repeal 1915 PA 50, entitled "An act to provide for the payment of bounties for the killing of common rats," (MCL 433.251 to 433.253).

The bill was read a second time.

Rep. Raczkowski 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.

______

Rep. Spade moved that Rep. Mans 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. 1128, entitled

A bill to repeal 1915 PA 50, entitled "An act to provide for the payment of bounties for the killing of common rats," (MCL 433.251 to 433.253).

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

Roll Call No. 347 Yeas--80

Allen DeVuyst Johnson, Rick Pumford

Baird DeWeese Johnson, Ruth Raczkowski

Basham Ehardt Julian Richardville

Birkholz Faunce Koetje Richner

Bisbee Frank Kowall Rocca

Bishop Garcia Kuipers Sanborn

Bogardus Garza Kukuk Schauer

Bovin Geiger LaSata Scranton

Bradstreet Gieleghem Lockwood Shackleton

Brater Gilbert Martinez Sheltrown

Brewer Gosselin Mead Shulman

Brown, C. Green Middaugh Spade

Byl Hager Minore Stamas

Callahan Hansen Mortimer Tabor

Cassis Hart Neumann Toy

Caul Howell O'Neil Van Woerkom

Clark, I. Jamnick Pappageorge Vander Roest

DeHart Jansen Patterson Vear

Dennis Jelinek Perricone Voorhees

DeRossett Jellema Pestka Woronchak

Nays--24

Brown, B. Kelly Quarles Switalski

Clarke, H. Kilpatrick Reeves Tesanovich

Godchaux LaForge Rison Thomas

Hale Lemmons Rivet Vaughn

Hardman Price Scott Wojno

Jacobs Prusi Stallworth Woodward

In The Chair: Scranton

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.

______

Rep. Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Madam Speaker I rise in opposition to this bill that would eliminate the bounty on rats in the state of Michigan.

Apparently the national love affair with celebrity rats like Mickey Mouse and America's newest celebrity rat, Lil Stuart, has caused members of the august body to call for the elimination of the rat bounty in Michigan.

We should not eliminate the bounty we should increase it! Vote no - Keep the rat bounty!"

Rep. Lemmons, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I believe that the problem of eradicating rats, remains with us in the State of Michigan. In certain portions of the state, rats endanger the health and safety of children of the elderly. Rather than removing the bounty on rats, the State should increase the bounty commensurate with the rate of inflation since 1915."

______

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. Gosselin, Richardville, DeHart, Kowall, Pappageorge, Spade, Rison, Vander Roest, Tesanovich, LaSata, Faunce, Mortimer, Mead, Middaugh, Hale, Scranton, Kelly, Julian, Hager, Shulman, DeVuyst, Vaughn, Frank, DeRossett, Cassis, Caul, Kuipers, Prusi, Neumann, Wojno, Bovin, Gieleghem, Sheltrown, Mans, Lockwood, Bishop, Bradstreet, Jansen, Jamnick, Clarke, Shackleton, Scott, Birkholz, Ehardt, Raczkowski, Reeves, Perricone, Van Woerkom, Toy, Koetje, Stamas, Lemmons, Vear, Kukuk, Richner, Baird, Voorhees, Green, Schauer and Hardman offered the following resolution:

House Resolution No. 340.

A resolution in support of the Celebration of the National Day of Prayer throughout the State of Michigan on May 4, 2000.

Whereas, The United States is founded on a tradition of religious tolerance which dates back to our earliest antecedents as colonies of religious dissidents seeking a place where they could worship without fear of persecution, and our history is characterized by social and political leaders who were uninhibited in their public expressions of faith, as typified by the following examples:

* The Mayflower Compact, written in 1620, stated, "Having undertaken for the glory of God . . . we solemnly and mutually in the presence of God and one another, covenant ourselves together."

* At the Constitutional Convention in July of 1787, Benjamin Franklin said, "And the longer I live, the more convincing proofs I see of this truth: that God governs the affairs of men...And without his concurring aid we shall succeed in this political building no better than the builders of the Tower of Babel."

* Our nation's first president, George Washington, said in his Farewell Address of 1796, "Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports."

* Thomas Jefferson, our nation's third president said, "Can the liberties of a nation be secure, when we have removed the conviction that these liberties are the gift of God?"

* On April 30, 1863 during the Day of Humiliation, Fasting and Prayer, President Abraham Lincoln reminded Americans of their faith, "It is the duty of nations as well as men to own their dependence upon God; to confess their sins and transgressions in humble sorrow...Those nations only are blessed whose God is the Lord."

* The fourth verse of our nation's national anthem, "The Star Spangled Banner," "Blessed with victory and peace, may the Heaven-rescued land. Praise the Power that hath made and preserved us a nation! Then conquer we must, when our cause is just; And this be our motto, 'In God is our trust!'"

* At the swearing in of Calvin Coolidge as the 30th president of the United States, he said, "The foundations of our society and our government rest so much on the teachings of the Bible that it would be difficult to support them if faith in these teachings would ease to be practically universal in our country."

* President Ronald Reagan said, "If we ever forget that we are One Nation Under God, then we will be a Nation gone under."

* Article VIII, Section 1 of the Michigan Constitution of 1963 reads, "Religion, morality, and knowledge being necessary to good government and the happiness of mankind . . ."

; and

Whereas, The National Day of Prayer was established in 1952 by a Joint Resolution of Congress, which stated, "From its beginning the United States of America has been a nation fully cognizant of the value and power of prayer...Prayer has indeed been a vital force in the growth and development of this Nation;" now, therefore, be it

Resolved by the Michigan State House of Representatives, That we support the celebration of the National Day of Prayer throughout the State of Michigan on May 4, 2000.

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. Minore, Hansen, DeHart, Kowall, Pappageorge, Spade, Rison, Tesanovich, LaSata, Faunce, Mortimer, Hale, Kelly, LaForge, Julian, Hager, Shulman, Vaughn, Frank, DeRossett, Prusi, Bogardus, Neumann, Dennis, Wojno, Bovin, Gieleghem, Sheltrown, Lockwood, Bishop, Jansen, Kilpatrick, Clark, Jamnick, Clarke, Brater, Scott, Birkholz, Ehardt, Raczkowski, Reeves, Lemmons, Vear, Richner, Jacobs, Baird, Rivet, Voorhees, Green, Schauer, Hardman and Garza offered the following resolution:

House Resolution No. 341.

A resolution to memorialize and honor the life and service of Officer Leslie D. Keely.

Whereas, On May 8th, the Michigan Concerns of Police Survivors (MI-COPS), members of the law enforcement community, along with grateful members of the Legislature and the general public will gather to remember and commemorate three law enforcement officers who have made the ultimate sacrifice in service to their communities. A candlelight memorial service will be held on the steps of the Capitol building to give thanks, provide comfort for relatives, and remember the dedication and service of these fine officers; and

Whereas, Leslie D. Keely gave his life in the line of duty on September 24, 1999, at the age of 49. Officer Keely, a veteran of the Flint Police Department for more than 14 years, served with great distinction. He wore his uniform proudly and gave honor to his chosen profession. We gather to praise his service, integrity, and compassion and to remember the lessons he taught us all in the way he lived his life. His loss will forever leave a void in the hearts of those closest to him, but his life has forever changed those who knew this good-natured man as father, husband, brother, and son; and

Whereas, Leslie served his country in Vietnam as a member of the 82nd Airborne Division. Upon completion of military service he went to work at General Motors. Later he would join the Flint Police Department. As an officer, he soon became involved with the Flint Police Union and served as secretary. Leslie was a positive force on the department. His optimistic outlook and good nature helped fellow officers deal with the daily frustrations they faced on the job; and

Whereas, Undoubtedly, Officer Keely cherished his family as was evident by the love and support he showed for his wife, Lesa and their children, Brandon and Blake. While nothing can prepare a family for the loss of a loved one, the strong family bond that they developed most certainly helped them through this difficult time. May the Keely family know that the life and service of Leslie will not be forgotten by the community he served and the officers he worked with; and

Whereas, Leslie D. Keely made the ultimate sacrifice in service to his community. We remember his outstanding work, courage, and commitment. May the example set by Leslie in his life serve as an inspiration for us all; now, therefore, be it

Resolved by the House of Representatives, That we dedicate this occasion in memory and honor of Officer Leslie D. Keely; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Officer Leslie D. Keely, City of Flint Police Department, and Flint Police Union as a token of our sincerest gratitude and deepest respect for the sacrifice of this great man.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Bill No. 5638, entitled

A bill to designate December 7 of each year as Pearl Harbor day in the state of Michigan.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5638 To Report Out:

Yeas: Reps. Richardville, Allen, Garcia, Bovin, Mans,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, May 4, 2000, at 9:00 a.m.,

Present: Reps. Richardville, Allen, Garcia, Bovin, Mans,

Absent: Reps. Ehardt, Schermesser,

Excused: Reps. Ehardt, Schermesser.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 5520, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80113 (MCL 324.80113), as added by 1995 PA 58.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5520 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Patterson, Callahan, Basham, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 5521, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 7 (MCL 24.207), as amended by 1999 PA 262.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5521 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Patterson, Callahan, Basham, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 5581, entitled

A bill to repeal 1899 PA 221, entitled "An act to compel parties engaged in securing ice to erect suitable danger signals and barricades, designating what officials it shall be the duty of to see that the provisions of this act are complied with, and to repeal Act No. 100 of the Public Acts of 1877, entitled "An act to compel parties engaged in securing ice to erect danger signals," being sections 9119 and 9120 of Howell's annotated statutes of the state of Michigan and sections 11525 and 11526 of the Compiled Laws of 1897," (MCL 752.351 to 752.353).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5581 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Patterson, Callahan, Basham, Gieleghem, Mans,

Nays: Rep. Sheltrown.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 5670, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48726 (MCL 324.48726), as added by 1995 PA 57.

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 5670 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Callahan, Basham, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 1143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing part 51 (MCL 324.5101 to 324.5103).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1143 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Patterson, Mans, Sheltrown,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, May 4, 2000, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Gieleghem, Mans, Sheltrown,

Absent: Reps. Green, Brater,

Excused: Reps. Green, Brater.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5468, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1998 PA 123.

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 5468 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5689, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).

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 5689 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, May 3, 2000, at 9:00 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade.

The Committee on Family and Civil Law, by Rep. Shulman, Vice-Chair, reported

House Bill No. 5719, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2517 (MCL 339.2517), as added by 1993 PA 93.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5719 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Minore,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shulman, Vice-Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, May 4, 2000, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski,

Absent: Reps. Law, Schermesser,

Excused: Reps. Law, Schermesser.

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, Tuesday, May 2:

Senate Bill Nos. 1221 1222

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 4:

House Bill Nos. 5722 5723 5724 5725 5726

The Clerk announced that the following Senate bills had been received on Thursday, May 4:

Senate Bill Nos. 388 453 1191

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4712, entitled

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 916, 934, and 2950b (MCL 600.916, 600.934, and 600.2950b), section 934 as amended by 1980 PA 271 and section 2950b as amended by 1994 PA 403, and by adding section 2950c.

The Senate has concurred in the House amendment to the Senate amendments.

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

House Bill No. 5044, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 1 of chapter XI (MCL 711.1), as amended by 1996 PA 495, and by adding section 3 to chapter XI.

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. 4684, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

The Senate has amended the bill as follows:

1. Amend page 4, line 8, by striking out all of enacting section 1.

The Senate has passed the bill as amended, 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.

Senate Bill No. 388, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40113 (MCL 324.40113), as added by 1995 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 453, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44 (MCL 211.44), as amended by 1996 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 1191, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

The Senate has passed the bill.

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

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 269, Reps. Garcia, Bisbee and Bob Brown.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5443, Reps. Garcia, Bisbee and Bob Brown.

The bill was referred to the Conference Committee on May 4, 2000.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5444, Reps. Garcia, Cameron Brown and Bob Brown.

The bill was referred to the Conference Committee on May 4, 2000.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4400, Reps. Garcia, Richardville and Bob Brown.

The bill was referred to the Conference Committee on May 4, 2000.

Introduction of Bills

Reps. Gilbert, Richardville, Hager, Ehardt, DeRossett, LaSata and Tabor introduced

House Bill No. 5727, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 12 (MCL 125.592).

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

Reps. Gilbert, Richardville, Hager, Ehardt, DeRossett, Tabor and LaSata introduced

House Bill No. 5728, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 27a (MCL 125.227a).

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

Reps. Gilbert, Richardville, Ehardt, Tabor, DeRossett, LaSata and Hager introduced

House Bill No. 5729, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 27a (MCL 125.297a).

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

Reps. Gosselin, Voorhees, Hart, Richardville, Scranton, Julian, Sanborn, Kowall, Bishop, Bradstreet, Kuipers, Kukuk, Jansen, Raczkowski and Cassis introduced

House Bill No. 5730, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

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

Reps. Gosselin, Voorhees, Hart, Richardville, Scranton, Julian, Sanborn, Kowall, Bradstreet, Kuipers, Kukuk, Jansen, Raczkowski and Cassis introduced

House Bill No. 5731, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as added by 1998 PA 317.

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

Reps. Gosselin, Voorhees, Hart, Richardville, Scranton, Julian, Sanborn, Kowall, Bradstreet, Kuipers, Kukuk, Jansen, Raczkowski and Cassis introduced

House Bill No. 5732, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

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

Reps. Gosselin, Voorhees, Hart, Richardville, Scranton, Julian, Sanborn, Kowall, Bishop, Bradstreet, Kuipers, Kukuk, Jansen, Raczkowski and Cassis introduced

House Bill No. 5733, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as added by 1998 PA 317.

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

Reps. Woronchak, Scranton, Julian and Bishop introduced

House Bill No. 5734, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3e.

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

Reps. Raczkowski, Scranton, Julian and Bishop introduced

House Bill No. 5735, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3f.

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

Reps. Bovin and Spade introduced

House Bill No. 5736, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21787.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Rep. Jamnick introduced

House Bill No. 5737, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 45, 46, and 47 (MCL 38.45, 38.46, and 38.47), section 45 as amended by 1988 PA 351.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Cherry, Frank, Kelly, LaForge, Jelinek, Dennis, Bogardus, Scranton, Lockwood, Baird, Basham, Jacobs, Vaughn, Switalski, Gieleghem and Richner introduced

House Bill No. 5738, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1308, 1310, 1311, and 1311a (MCL 380.1308, 380.1310, 380.1311, and 380.1311a), sections 1308 and 1310 as added by 1999 PA 102, section 1311 as amended by 1999 PA 23, and section 1311a as added by 1999 PA 104.

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

Reps. Kuipers, Richardville, Scranton, Jellema, Voorhees, Gosselin, Bishop, Mans, Kowall, Gilbert, Howell, Vander Roest, Patterson, Godchaux, Pappageorge, Jansen, DeVuyst and Birkholz introduced

House Bill No. 5739, entitled

A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending section 391 (MCL 462.391).

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

Reps. Van Woerkom, Hart, Birkholz, Julian, Gilbert, Tabor, Vear, Howell, DeRossett, Caul, Faunce, Bishop, Pappageorge, DeWeese, Voorhees, Rocca and Jansen introduced

House Bill No. 5740, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.

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

Reps. Woronchak, Kukuk, Hart, Birkholz, Julian, Tabor, Mead, Kowall, Pumford, Vander Roest, Van Woerkom, Howell, DeRossett, Caul, Shackleton, Jelinek, Richardville, Faunce, Bishop, Kuipers, Ehardt, Koetje, Pappageorge, DeWeese, Geiger, Rick Johnson, Richner, Scranton, LaSata, Jansen, Middaugh, Voorhees, Rocca, Ruth Johnson, Hager, DeVuyst, Thomas and Rivet introduced

House Bill No. 5741, entitled

A bill to require disclosures of criminal convictions and certain conduct by certain persons; to require criminal history checks of certain persons; to require disclosure of child abuse or child neglect records of certain persons; to regulate the employment of certain persons; to prescribe the powers and duties and limit the liability of certain state and local departments and agencies; and to prescribe penalties.

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

Reps. Faunce, Hart, Birkholz, Julian, Tabor, Scranton, Mead, Kowall, Pumford, Vander Roest, Van Woerkom, Howell, DeRossett, Caul, Shackleton, Jelinek, Bishop, Kuipers, Woronchak, Ehardt, Pappageorge, DeWeese, Rick Johnson, Richner, LaSata, Middaugh, Voorhees, Jansen, Ruth Johnson, Hager, Frank, Pestka, Neumann, O'Neil and Richardville introduced

House Bill No. 5742, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 5 and 11 (MCL 722.115 and 722.121), section 5 as amended by 1998 PA 519 and section 11 as amended by 1980 PA 232.

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

Reps. Kukuk, Scranton, Hart, Birkholz, Julian, Tabor, Mead, Kowall, Pumford, Vander Roest, Van Woerkom, Howell, DeRossett, Caul, Jelinek, Richardville, Faunce, Bishop, Pappageorge, DeWeese, Geiger, Rick Johnson, Richner, Voorhees, Rocca, Ruth Johnson, Jansen and Hager introduced

House Bill No. 5743, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1998 PA 485.

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

Reps. Howell, Scranton, Birkholz, Kukuk, Julian, Gilbert, Tabor, Woronchak, Mead, Kowall, Pumford, DeRossett, Caul, Shackleton, Jelinek, Richardville, Faunce, Bishop, Pappageorge, DeWeese, Geiger, Rick Johnson, Richner, LaSata, Voorhees, Allen, Hager, Rocca, Jansen, DeVuyst and DeHart introduced

House Bill No. 5744, entitled

A bill to create the project exile commission; to prescribe the duties of the members of the commission; to create the project exile fund; and to provide for disbursements from the fund.

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

Reps. Shulman, Hart, Birkholz, Julian, Gilbert, Tabor, Mead, Kowall, Pumford, Gosselin, Howell, DeRossett, Caul, Richardville, Faunce, Ehardt, Pappageorge, DeWeese, Rocca, Koetje, Hager and DeVuyst introduced

House Bill No. 5745, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 223a.

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

Reps. Shulman, Hart, Birkholz, Julian, Gilbert, Tabor, Mead, Kowall, Pumford, Gosselin, Howell, DeRossett, Caul, Richardville, Faunce, Ehardt, Pappageorge, DeWeese, Hager, Rocca and DeVuyst introduced

House Bill No. 5746, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as added by 1998 PA 317.

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

Reps. Koetje, Hart, Birkholz, Julian, Tabor, Mead, Kowall, Pumford, Gosselin, Howell, DeRossett, Caul, Richardville, Faunce, Ehardt, Pappageorge, DeWeese, Hager, Rocca and DeVuyst introduced

House Bill No. 5747, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2951a.

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

Rep. Hale moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

Associate Speaker Pro Tempore Scranton declared the House adjourned until Tuesday, May 9, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.