hj06188t.061

No. 61

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, June 18, 1998.

10:00 a.m.

The House was called to order by Acting Speaker Hanley.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--excused

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--excused

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--e/d/s

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Howard Wetters, from the 97th District, offered the following invocation:

"Dear Lord, we pray for the leaders of this state. May they not be swayed by false politics but listen instead to the spirit of truth. May they not harken to the false and bitter voices of a frightened world, but instead hear the angels who minister unto them. May their lack of virtue be forgiven and corrected. May their words be true. May their strength go before them, to cut like a sword through all illusion. May they see the innocence and brotherhood in those who oppose them. May they grow beyond a shallow fight. And thus may we all be taken with them into new light, new peace, new politics, new hope for all the world. Amen."

______

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

The motion prevailed.

Rep. Hammerstrom moved that Reps. Brackenridge and Walberg be excused from today's session.

The motion prevailed.

Notices

June 18, 1998

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Middaugh moved that the Committee on Commerce be discharged from further consideration of House Bill No.5938.

(For first notice see House Journal No. 60, p. 1528.)

The question being on the motion by Rep. Middaugh,

The motion prevailed.

Second Reading of Bills

Pending the Second Reading of

House Bill No. 5938, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.

Rep. Gagliardi moved that the bill be referred to the Committee on Judiciary.

The motion prevailed.

House Bill No. 5620, entitled

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

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

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

Rep. Alley moved to amend the bill as follows:

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

"(b) House Bill No. 5719." and relettering the remaining subdivisions.

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 4, following line 21, by inserting:

"(G) A DETAILED DESCRIPTION OF THE PRACTICES THE LOCAL UNIT OF GOVERNMENT WILL IMPLEMENT AND MAINTAIN TO CONTROL NONPOINT SOURCE POLLUTION FROM THE PROJECT SITE BOTH DURING CONSTRUCTION ACTIVITIES AND THROUGHOUT THE PERIOD OF TIME IN WHICH THE STATE IS PAYING OFF THE BONDS THAT WERE ISSUED PURSUANT TO THE CLEAN MICHIGAN INITIATIVE ACT." and relettering the remaining subdivision.

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 6, line 27, after the second "the" by striking out "clean Michigan" and inserting "Michigan's economic, environment, and recreation".

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

Rep. Bobier demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 665 Yeas--57

Agee Dobronski Kelly Quarles

Alley Emerson Kilpatrick Rison

Anthony Frank LaForge Schermesser

Baade Freeman Leland Schroer

Baird Gagliardi Mans Scott

Basham Gire Martinez Stallworth

Bogardus Griffin Mathieu Tesanovich

Brater Gubow Murphy Thomas

Brewer Hale Olshove Varga

Brown Hanley Owen Vaughn

Callahan Harder Parks Wallace

Cherry Hertel Price Wetters

Ciaramitaro Hood Profit Willard

Curtis Kaza Prusi Wojno

DeHart

Nays--49

Bankes Geiger Johnson Nye

Birkholz Gernaat Kukuk Oxender

Bobier Gilmer Law Perricone

Bodem Godchaux LeTarte Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Rocca

Cropsey Hammerstrom McBryde Sanborn

Dalman Horton McManus Scranton

DeVuyst Jansen McNutt Sikkema

Dobb Jelinek Middaugh Voorhees

Fitzgerald Jellema Middleton Whyman

Galloway

In The Chair: Hanley

Rep. Alley moved to amend the bill as follows:

1. Amend page 4, following line 21, subdivision (G), after the seventh "THE" by striking out "CLEAN MICHIGAN" and inserting "MICHIGAN'S ECONOMIC, ENVIRONMENT, AND RECREATION".

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

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

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

House Bill No. 5894, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding the part heading to part 362 and sections 36201, 36202, and 36203.

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

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

Rep. Green moved to amend the bill as follows:

1. Amend page 14, line 4, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5895 of the 89th Legislature is enacted into law.".

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

Rep. Green moved to reconsider the vote by which the House did not adopt the amendment.

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

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

Rep. Green demanded the yeas and nays.

The demand was supported.

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

Rep. Llewellyn moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

______

Rep. Schauer entered the House Chambers.

Rep. Prusi moved that Reps. Hertel, Hood and Mathieu be excused temporarily from today's session.

The motion prevailed.

The Associate Speaker Pro Tempore assumed the Chair.

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

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

Reps. Wetters and Bobier moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Reps. Wetters and Bobier,

Rep. Brewer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Reps. Wetters and Bobier,

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

Roll Call No. 666 Yeas--94

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Geiger Leland Rison

Basham Gernaat LeTarte Rocca

Birkholz Gilmer Llewellyn Sanborn

Bobier Gire London Schauer

Bodem Godchaux Lowe Schermesser

Bogardus Goschka Martinez Schroer

Brater Green McBryde Scott

Brown Gubow McManus Scranton

Byl Hale McNutt Sikkema

Callahan Hammerstrom Middaugh Stallworth

Cassis Hanley Middleton Tesanovich

Cherry Harder Murphy Thomas

Ciaramitaro Hertel Nye Varga

Crissman Hood Olshove Vaughn

Cropsey Horton Oxender Wallace

DeHart Jansen Parks Wetters

DeVuyst Jelinek Perricone Whyman

Dobronski Jellema Price Wojno

Emerson Johnson

Nays--9

Brewer Gustafson Mans Voorhees

Curtis Kaza Raczkowski Willard

Griffin

In The Chair: Gire

Rep. Green moved to amend the bill as follows:

1. Amend page 14, line 13, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5895 of the 89th Legislature is enacted into law.".

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

Rep. Green demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 667 Yeas--52

Alley Galloway Johnson Perricone

Bankes Geiger Kukuk Profit

Bobier Gernaat Law Raczkowski

Bodem Gilmer LeTarte Rhead

Brewer Godchaux Llewellyn Richner

Cassis Goschka London Rocca

Crissman Green Lowe Sanborn

Cropsey Griffin Mans Scranton

Curtis Hammerstrom McManus Sikkema

Dalman Horton McNutt Stallworth

DeVuyst Jansen Middaugh Voorhees

Dobb Jelinek Middleton Whyman

Fitzgerald Jellema Nye Willard

Nays--51

Agee Emerson Kelly Prusi

Anthony Frank Kilpatrick Quarles

Baade Freeman LaForge Rison

Baird Gagliardi Leland Schauer

Basham Gire Martinez Schermesser

Bogardus Gubow Mathieu Schroer

Brater Gustafson McBryde Scott

Brown Hale Murphy Tesanovich

Callahan Hanley Olshove Thomas

Cherry Harder Owen Vaughn

Ciaramitaro Hertel Oxender Wetters

DeHart Hood Parks Wojno

Dobronski Kaza Price

In The Chair: Gire

Rep. Alley moved to amend the bill as follows:

1. Amend page 3, line 3, after "until" by striking out "April 1, 1997" and inserting "6 MONTHS AFTER THE EFFECTIVE DATE OF THE 1998 AMENDMENTS TO THIS SECTION".

2. Amend page 3, line 3, after "who" by striking out "entered" and inserting "ENROLLED".

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

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

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

House Bill No. 5895, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, and 36207.

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

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

Reps. Bobier and Wetters 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.

Rep. Nye moved to amend the bill as follows:

1. Amend page 6, following line 21, by inserting:

"SEC. 36207. THE CONVEYANCE OF AN AGRICULTURAL CONSERVATION EASEMENT OR A RESOURCE CONSERVATION EASEMENT UNDER THIS PART OR PART 361 SHALL NOT AFFECT THE ASSESSED VALUATION OF THE PROPERTY UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157." and renumbering the remaining section.

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

Rep. Brewer moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

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

House Bill No. 5622, entitled

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

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

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 4, following line 12, by inserting:

"(b) House Bill No. 5719." and relettering the remaining subdivisions.

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 3, line 8, after "sites," by inserting "protect children and senior citizens from lead poisoning,".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 1, line 2, by striking out ""clean Michigan" and inserting ""Michigan's economic, environment, and recreation".

2. Amend page 2, line 16, after "the" by striking out "clean Michigan" and inserting "Michigan's economic, environment, and recreation".

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

Rep. Freeman moved to amend the bill as follows:

1. Amend page 2, line 7, after "quality," by inserting "provide for pollution prevention,".

2. Amend page 3, line 8, after "quality," by inserting "provide for pollution prevention,".

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

Rep. Wetters moved to amend the bill as follows:

1. Amend page 4, following line 12, following subdivision (b), by inserting:

"(c) House Bill No. 5894.

(d) House Bill No. 5895." and lettering the remaining subdivisions.

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 668 Yeas--56

Agee DeHart Kelly Rison

Alley Dobronski Kilpatrick Schauer

Anthony Emerson LaForge Schermesser

Baade Frank Leland Schroer

Baird Freeman Mans Scott

Basham Gagliardi Martinez Stallworth

Bogardus Gire Mathieu Tesanovich

Brater Griffin Murphy Thomas

Brewer Gubow Olshove Varga

Brown Hale Owen Vaughn

Callahan Hanley Parks Wallace

Cherry Harder Price Wetters

Ciaramitaro Hertel Prusi Willard

Curtis Hood Quarles Wojno

Nays--44

Bankes Gernaat Kukuk Nye

Bodem Gilmer Law Oxender

Cassis Godchaux LeTarte Perricone

Crissman Goschka Llewellyn Raczkowski

Cropsey Green London Rhead

Dalman Gustafson Lowe Richner

DeVuyst Hammerstrom McBryde Rocca

Dobb Horton McManus Sanborn

Fitzgerald Jansen McNutt Sikkema

Galloway Jelinek Middaugh Voorhees

Geiger Johnson Middleton Whyman

In The Chair: Gire

______

Rep. Geiger asked and obtained an excuse from the balance of today's session.

Reps. Gubow, Callahan and Martinez moved to amend the bill as follows:

1. Amend page 2, line 2, by striking out "$550,000,000.00" and inserting "$786,000,000.00".

2. Amend page 2, line 7, after "quality," by inserting "upgrade wastewater systems, improve drinking water infrastructure, prevent pollution, abate lead contamination,".

3. Amend page 2, line 26, by striking out "$550,000,000.00" and inserting "$786,000,000.00".

4. Amend page 3, line 8, after "quality," by inserting "upgrade wastewater systems, improve drinking water infrastructure, prevent pollution, abate lead contamination,".

5. Amend page 3, line 12, by striking out "$550,000,000.00" and inserting "$786,000,000.00".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5622, entitled

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 669 Yeas--81

Agee Dobronski Kukuk Prusi

Alley Emerson LaForge Quarles

Anthony Frank Law Raczkowski

Baade Freeman Leland Rhead

Baird Gagliardi LeTarte Richner

Basham Gire London Rocca

Birkholz Goschka Mans Sanborn

Bobier Griffin Martinez Schauer

Bodem Gubow Mathieu Schermesser

Bogardus Gustafson McNutt Schroer

Brater Hale Middaugh Scott

Brewer Hammerstrom Middleton Stallworth

Brown Hanley Murphy Tesanovich

Byl Harder Olshove Thomas

Callahan Hertel Owen Varga

Cherry Hood Oxender Vaughn

Ciaramitaro Horton Parks Wallace

Curtis Jellema Perricone Wetters

Dalman Kelly Price Willard

DeHart Kilpatrick Profit Wojno

DeVuyst

Nays--22

Bankes Gernaat Kaza Nye

Crissman Gilmer Llewellyn Scranton

Cropsey Godchaux Lowe Sikkema

Dobb Green McBryde Voorhees

Fitzgerald Jansen McManus Whyman

Galloway Johnson

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Gagliardi moved that House Bill No. 5620 be placed on its immediate passage.

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

House Bill No. 5620, entitled

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

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

Roll Call No. 670 Yeas--101

Agee Dobronski Kelly Prusi

Alley Emerson Kilpatrick Quarles

Anthony Fitzgerald Kukuk Raczkowski

Baade Frank LaForge Rhead

Baird Freeman Law Richner

Bankes Gagliardi Leland Rison

Basham Galloway LeTarte Rocca

Birkholz Gernaat Llewellyn Sanborn

Bobier Gilmer London Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green McBryde Scranton

Brown Griffin McManus Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Voorhees

Cropsey Horton Oxender Wallace

Curtis Jansen Parks Wetters

Dalman Jelinek Perricone Whyman

DeHart Jellema Price Willard

DeVuyst Johnson Profit Wojno

Dobb

Nays--2

Kaza Nye

In The Chair: Gire

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

The Lansing bureaucrats who designed the government bond proposal before us today are attempting to use central planning and industrial policy -- which has failed, in the long-run anywhere in the world where it has been used -- to pick economic winners and losers via the bond market.

These bureaucrats, who operate the state Department of Corporate Welfare (so-called "Jobs Commission"), have done little in seven-and-a-half years to address conservation issues in the Great Lake state of Michigan. At the same time, the Department of Corporate Welfare has demonstrated a willingness; indeed, an eagerness; to reward a small group of individuals who make large campaign contributions to political campaigns using tax dollars; in this instance, via the bond market. The irony is that most of these political appointees who think they have the knowledge to pick winners and losers have never had to do so in the real world of the financial markets where such pretenses at skill matter the most. Arrogance of this breadth and scope is rarely so self-evident.

The Department of Corporate Welfare did not design an environmental bond issue. They created a bond issue designed to coerce taxpayers into paying for the cleanup of industrial properties they wish to develop. The small group of individuals who make large campaign contributions to political campaigns reap the rewards under this scam at the expense of decent, hard-working middle class families who no longer are able to even enjoy a day of relaxation at polluted Metro Beach.

The Department of Corporate Welfare has not designed an environmental bond issue. Their lack of sincerity was readily apparent yesterday when their proponents -- professional government lobbyists whose salaries are paid for by taxpayers -- fought those of us who decided to address Metro Beach and the larger issue of Combined Sewer Overflows into Lake St. Clair.

The Lansing bureaucrats lost yesterday; and we won because the people of Michigan, especially those in suburban Detroit, do not support corporate welfare giveaways via the bond market at a time when Lake St. Clair is unusable and the very question of the safety of Detroit's water supply now appears on the horizon.

Republicans lost control of the state House in 1996 because they ignored Independent voters in metro Detroit. Among the issues supported by these Independent voters are conservation of the Great Lakes and Lake St. Clair. Indeed, more than 150 citizens of the 42nd District have contacted me on this issue. Those who continue to put the interests of Lansing bureaucrats and corporate welfare interests ahead of these Independent voters are continuing to make a very serious mistake."

______

Rep. Gagliardi moved that Reps. Hertel, Hood and Mathieu be excused temporarily from today's session.

The motion prevailed.

Rep. Gagliardi moved that House Bill No. 5894 be placed on its immediate passage.

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

House Bill No. 5894, 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. 671 Yeas--98

Agee Dobb Kelly Profit

Alley Dobronski Kilpatrick Prusi

Anthony Emerson Kukuk Raczkowski

Baade Fitzgerald LaForge Rhead

Baird Frank Leland Richner

Bankes Freeman LeTarte Rison

Basham Gagliardi Llewellyn Rocca

Birkholz Galloway London Sanborn

Bobier Gernaat Lowe Schauer

Bodem Gilmer Mans Schermesser

Bogardus Gire Martinez Schroer

Brater Godchaux McBryde Scott

Brewer Goschka McManus Scranton

Brown Green McNutt Sikkema

Byl Griffin Middaugh Stallworth

Callahan Gubow Middleton Tesanovich

Cassis Hale Murphy Thomas

Cherry Hammerstrom Nye Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Wallace

Cropsey Horton Oxender Wetters

Curtis Jansen Parks Whyman

Dalman Jelinek Perricone Willard

DeHart Jellema Price Wojno

DeVuyst Johnson

Nays--4

Gustafson Kaza Law Voorhees

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Anthony, Baade, Basham, Birkholz, Bodem, Bogardus, Byl, Callahan, Cherry, Dalman, DeVuyst, Emerson, Frank, Freeman, Gagliardi, Gernaat, Goschka, Hanley, Jansen, Jellema, Kukuk, LaForge, Leland, LeTarte, London, Martinez, McBryde, Middaugh, Middleton, Nye, Oxender, Rocca, Sanborn, Schauer, Sikkema, Varga and Vaughn were named co-sponsors of the bill.

Rep. Gagliardi moved that House Bill No. 5895 be placed on its immediate passage.

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

House Bill No. 5895, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, and 36207.

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

Roll Call No. 672 Yeas--98

Agee Dobb Kilpatrick Profit

Alley Dobronski Kukuk Prusi

Anthony Emerson LaForge Quarles

Baade Fitzgerald Law Raczkowski

Baird Frank Leland Rhead

Bankes Freeman LeTarte Richner

Basham Gagliardi Llewellyn Rison

Birkholz Galloway London Rocca

Bobier Gernaat Lowe Sanborn

Bodem Gilmer Mans Schauer

Bogardus Gire Martinez Schermesser

Brater Godchaux McBryde Schroer

Brewer Goschka McManus Scott

Brown Green McNutt Scranton

Byl Gubow Middaugh Sikkema

Callahan Hale Middleton Stallworth

Cassis Hammerstrom Murphy Tesanovich

Cherry Hanley Nye Thomas

Ciaramitaro Harder Olshove Varga

Crissman Horton Owen Vaughn

Cropsey Jansen Oxender Wallace

Curtis Jelinek Parks Wetters

Dalman Jellema Perricone Willard

DeHart Johnson Price Wojno

DeVuyst Kelly

Nays--4

Gustafson Kaza Voorhees Whyman

In The Chair: Gire

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, 36207, and 36208.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baird, Bankes, Basham, Birkholz, Bodem, Bogardus, Byl, Callahan, Cherry, Dalman, DeVuyst, Freeman, Gagliardi, Gernaat, Gilmer, Goschka, Jansen, Jellema, Kukuk, Leland, LeTarte, London, Martinez, McBryde, Middaugh, Middleton, Nye, Oxender, Rocca, Sanborn, Schauer, Sikkema and Vaughn were named co-sponsors of the bill.

House Bill No. 5719, entitled

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

(The bill was read a third time and postponed temporarily on June 17, see House Journal No. 60, p. 1517.)

The question being on the passage of the bill,

Rep. Brown moved to amend the bill as follows:

1. Amend page 11, line 9, after the second "the" by striking out "clean Michigan" and inserting "Michigan's economic, environment, and recreation".

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

The question being on the passage of the bill,

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

Roll Call No. 673 Yeas--97

Agee Emerson Kilpatrick Prusi

Alley Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baade Freeman Law Rhead

Baird Gagliardi Leland Richner

Bankes Galloway LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bodem Godchaux Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green McBryde Scott

Brewer Gubow McManus Scranton

Brown Gustafson McNutt Sikkema

Byl Hale Middaugh Stallworth

Callahan Hammerstrom Middleton Tesanovich

Cassis Hanley Murphy Thomas

Cherry Harder Olshove Varga

Ciaramitaro Horton Owen Vaughn

Crissman Jansen Oxender Voorhees

Curtis Jelinek Parks Wallace

Dalman Jellema Perricone Wetters

DeHart Johnson Price Willard

DeVuyst Kelly Profit Wojno

Dobb

Nays--4

Cropsey Kaza Nye Whyman

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Senate Bill No. 902, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 88.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bobier moved to amend the bill as follows:

1. Amend page 2, line 11, after "DEPARTMENT" by inserting a comma and "IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE,".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, line 6, after "MICHIGAN'S" by striking out "ECONOMIC DEVELOPMENT AND RECREATION PLAN" and inserting "ECONOMIC, ENVIRONMENT, AND RECREATION INITIATIVE ACT".

2. Amend page 5, line 8, after the second "the" by striking out "clean Michigan" and inserting "Michigan's economic, environment, and recreation".

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

______

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

The motion prevailed.

The question being on the passage of the bill,

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

Roll Call No. 674 Yeas--99

Agee Dobronski Kelly Quarles

Alley Emerson Kilpatrick Raczkowski

Anthony Fitzgerald Kukuk Rhead

Baade Frank LaForge Richner

Baird Freeman Law Rison

Bankes Gagliardi Leland Rocca

Basham Galloway LeTarte Sanborn

Bobier Gernaat Llewellyn Schauer

Bodem Gilmer London Schermesser

Bogardus Gire Lowe Schroer

Brater Godchaux Mans Scott

Brewer Goschka Martinez Scranton

Brown Green McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Olshove Voorhees

Cropsey Horton Owen Wallace

Curtis Jansen Oxender Wetters

Dalman Jelinek Perricone Whyman

DeHart Jellema Price Willard

DeVuyst Johnson Profit Wojno

Dobb Kaza Prusi

Nays--0

In The Chair: Gire

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

Senate Bill No. 904, entitled

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

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

Roll Call No. 675 Yeas--94

Agee Dobronski Kelly Profit

Alley Emerson Kukuk Prusi

Anthony Fitzgerald LaForge Raczkowski

Baade Frank Law Rhead

Baird Freeman Leland Richner

Bankes Galloway LeTarte Rison

Basham Gernaat Llewellyn Rocca

Bobier Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green McBryde Scott

Brown Griffin McManus Scranton

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Voorhees

Curtis Horton Oxender Wallace

Dalman Jansen Parks Wetters

DeHart Jelinek Perricone Willard

DeVuyst Jellema Price Wojno

Dobb Johnson

Nays--5

Cropsey Nye Sikkema Whyman

Kaza

In The Chair: Gire

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

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 286.

A resolution commemorating The Legend of Sleeping Bear as the State of Michigan's official children's book.

(For text of resolution, see House Journal No. 43, p. 944.)

(The resolution was reported by the Committee on House Oversight and Ethics on June 3, consideration of which was postponed until June 4 under the rules; amendment offered and resolution postponed temporarily on June 9, see House Journal No. 56, p. 1324.)

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

Rep. Gagliardi withdrew the amendment.

Rep. Gagliardi moved to amend the resolution as follows:

1. Amend the third Whereas clause, line 1, after "entitled," by striking out "The Legend of Sleeping Bear" and inserting "The Legend of Running Bear".

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

The question being on the adoption of the resolution,

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

The Speaker laid before the House

House Resolution No. 311.

A resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

(For text of resolution, see House Journal No. 53, p. 1250.)

(The resolution was reported by the Committee on Conservation, Environment and Recreation on June 17, with amendments, consideration of which was postponed until today under the rules.)

(For amendments, see House Journal No. 60, p. 1525.)

The question being on the adoption of the proposed amendments recommended by the Committee,

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

The question being on the adoption of the resolution,

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

The Speaker laid before the House

House Concurrent Resolution No. 108.

A concurrent resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

(For text of resolution, see House Journal No. 53, p. 1251.)

(The resolution was reported by the Committee on Conservation, Environment and Recreation on June 17, with amendments, consideration of which was postponed until today under the rules.)

(For amendments, see House Journal No. 60, p. 1525.)

The question being on the adoption of the proposed amendments recommended by the Committee,

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

The question being on the adoption of the concurrent resolution,

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

Messages from the Senate

The Speaker laid before the House

House Bill No. 4332, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 19c (MCL 436.19c), as amended by 1996 PA 440.

(The bill was received from the Senate on June 10, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p.1399.)

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

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

1. Amend page 2, line 9, after "district" by inserting "WITHIN A CITY OR MUNICIPALITY".

2. Amend page 2, line 17, after "authority." by inserting "THE CHANGES CONTAINED IN THE AMENDATORY ACT THAT ADDED THIS SENTENCE APPLY ONLY TO APPLICATIONS SUBMITTED ON OR AFTER AUGUST 1, 1998, AND DO NOT APPLY TO LICENSES ALREADY ISSUED UNDER THE STANDARDS CONTAINED IN THIS SUBDIVISION BEFORE THE EFFECTIVE DATE OF THAT AMENDATORY ACT.".

3. Amend page 2, line 21, by striking out all of subsection (2) and inserting:

"(2) THE INDIVIDUAL SIGNING THE APPLICATION FOR THE LICENSE SHALL STATE AND DEMONSTRATE THAT THE APPLICANT ATTEMPTED TO SECURE AN APPROPRIATE ON-PREMISE ESCROWED LICENSE OR QUOTA LICENSE ISSUED UNDER SECTION 531 AND THAT, TO THE BEST OF HIS OR HER KNOWLEDGE, AN ON-PREMISE LICENSE OR QUOTA LICENSE ISSUED UNDER SECTION 531 IS NOT READILY AVAILABLE WITHIN THE LOCAL UNIT OF GOVERNMENT IN WHICH THE APPLICANT PROPOSES TO OPERATE.".

4. Amend page 3, line 26, after "ANY" by striking out "LOCAL UNIT OF GOVERNMENT" and inserting "CITY OR MUNICIPALITY WITH A POPULATION GREATER THAN 50,000".

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

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

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

The motion prevailed.

Third Reading of Bills

House Bill No. 5795, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 23 and 23b (MCL 208.23 and 208.23b), as amended by 1995 PA 282.

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

Roll Call No. 676 Yeas--94

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Gernaat LeTarte Richner

Basham Gilmer Llewellyn Rison

Bobier Gire London Rocca

Bogardus Godchaux Lowe Sanborn

Brater Goschka Mans Schauer

Brewer Green McBryde Schermesser

Brown Griffin McManus Scott

Byl Gubow McNutt Scranton

Cassis Gustafson Middaugh Sikkema

Cherry Hale Middleton Stallworth

Ciaramitaro Hammerstrom Murphy Tesanovich

Crissman Hanley Nye Thomas

Cropsey Harder Olshove Vaughn

Curtis Horton Owen Voorhees

Dalman Jansen Oxender Wallace

DeHart Jelinek Parks Wetters

DeVuyst Jellema Perricone Whyman

Dobb Johnson Price Willard

Dobronski Kaza Profit Wojno

Emerson Kelly

Nays--6

Agee Freeman Martinez Schroer

Callahan LaForge

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5122, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904d.

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

Roll Call No. 677 Yeas--100

Agee Dobronski Kilpatrick Prusi

Alley Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baade Freeman Law Rhead

Baird Gagliardi Leland Richner

Bankes Galloway LeTarte Rison

Basham Gernaat Llewellyn Rocca

Bobier Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green McBryde Scott

Brown Griffin McManus Scranton

Byl Gubow McNutt Sikkema

Callahan Gustafson Middaugh Stallworth

Cassis Hale Middleton Tesanovich

Cherry Hammerstrom Murphy Thomas

Ciaramitaro Hanley Nye Varga

Crissman Harder Olshove Vaughn

Cropsey Horton Owen Voorhees

Curtis Jansen Oxender Wallace

Dalman Jelinek Parks Wetters

DeHart Jellema Perricone Whyman

DeVuyst Kaza Price Willard

Dobb Kelly Profit Wojno

Nays--0

In The Chair: Gire

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625n and 904 (MCL 257.625n and 257.904), section 625n as added by 1996 PA 491 and section 904 as amended by 1994 PA 450.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Agee, Anthony, Baade, Bankes, Basham, Bogardus, Brewer, Callahan, Cassis, Cherry, Ciaramitaro, Dalman, DeVuyst, Gire, Gustafson, Jansen, Jelinek, Jellema, Kaza, Kelly, Lowe, Mans, Middaugh, Middleton, Murphy, Nye, Oxender, Price, Profit, Prusi, Rocca, Schauer, Schermesser, Scott, Scranton, Stallworth, Vaughn, Voorhees, Wetters, Whyman and Wojno were named co-sponsors of the bill.

House Bill No. 5123, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904c.

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

Roll Call No. 678 Yeas--97

Agee Frank Kukuk Quarles

Alley Freeman LaForge Raczkowski

Anthony Gagliardi Law Rhead

Baade Galloway Leland Richner

Baird Gernaat LeTarte Rison

Bankes Gilmer Llewellyn Rocca

Basham Gire London Sanborn

Bobier Godchaux Lowe Schauer

Bodem Goschka Mans Schermesser

Bogardus Green Martinez Schroer

Brater Griffin McBryde Scott

Brown Gubow McManus Scranton

Callahan Gustafson McNutt Sikkema

Cassis Hale Middaugh Stallworth

Cherry Hammerstrom Middleton Tesanovich

Ciaramitaro Hanley Murphy Thomas

Crissman Harder Nye Varga

Cropsey Horton Olshove Vaughn

Curtis Jansen Owen Voorhees

Dalman Jelinek Oxender Wallace

DeHart Jellema Perricone Wetters

DeVuyst Kaza Price Whyman

Dobb Kelly Profit Willard

Dobronski Kilpatrick Prusi Wojno

Fitzgerald

Nays--0

In The Chair: Gire

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Acting Speaker Hanley assumed the Chair.

Second Reading of Bills

House Bill No. 5668, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 151b (MCL 600.151b), as amended by 1996 PA 524.

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

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 20, line 20, after "MICHIGAN" by striking out "PUBLIC".

2. Amend page 21, line 6, after "MICHIGAN" by striking out "PUBLIC".

3. Amend page 21, line 21, after "MICHIGAN" by striking out "PUBLIC".

4. Amend page 23, line 11, after "MICHIGAN" by striking out "PUBLIC".

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

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 16, line 23, after "FUND" by inserting "OR THE COURT EQUITY FUND".

2. Amend page 17, line 1, after "FROM" by inserting "THE HOLD HARMLESS FUND OR".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Gagliardi moved that Rule 49 be suspended.

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

House Bill No. 5668, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 151b (MCL 600.151b), as amended by 1996 PA 524.

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

Roll Call No. 679 Yeas--80

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank LaForge Quarles

Baade Freeman Leland Raczkowski

Baird Gagliardi London Rison

Bankes Galloway Lowe Rocca

Basham Gilmer Mans Sanborn

Bodem Gire Martinez Schauer

Bogardus Godchaux Mathieu Schermesser

Brater Goschka McBryde Schroer

Brewer Griffin McManus Scott

Brown Gubow McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Olshove Vaughn

Curtis Hertel Owen Wallace

DeHart Hood Oxender Wetters

Dobb Jelinek Parks Willard

Dobronski Johnson Price Wojno

Nays--25

Bobier Green Kukuk Rhead

Byl Gustafson Law Richner

Crissman Horton LeTarte Scranton

Cropsey Jansen Llewellyn Sikkema

Dalman Jellema Nye Voorhees

DeVuyst Kaza Perricone Whyman

Gernaat

In The Chair: Hanley

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

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending the title and sections 151a and 151b (MCL 600.151a and 600.151b), section 151a as amended by 1996 PA 374 and section 151b as amended by 1996 PA 524, and by adding section 1488.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5888, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d.

The bill was read a second time.

Rep. Gubow moved to amend the bill as follows:

1. Amend page 1, line 2, by striking out all of section 1A and inserting:

"SEC. 1A. NOTWITHSTANDING ANY EXISTING REGULATION TO THE CONTRARY, OPERATION OF AIRCRAFT SHALL NOT BE REGULATED ON THE BASIS OF AN INDIVIDUAL'S RACE, RELIGION, CREED, COLOR, NATIONAL ORIGIN, GENDER, OR ANCESTRY.".

2. Amend page 2, line 18, by striking out all of enacting section 1 and inserting:

"Enacting section 1. Enacting section 1 of 1998 PA 81 is repealed.".

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

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

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

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

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

______

Rep. Curtis moved that Rep. Murphy 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. 5888, 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. 680 Yeas--103

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Gernaat Leland Rison

Basham Gilmer LeTarte Rocca

Bobier Gire Llewellyn Sanborn

Bodem Godchaux London Schauer

Bogardus Goschka Lowe Schermesser

Brater Green Mans Schroer

Brewer Griffin Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson Kaza Profit

Nays--0

In The Chair: Hanley

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5883, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43526 and 43527 (MCL 324.43526 and 324.43527), as amended by 1996 PA 585, and by adding section 43527a.

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, Environment and Recreation,

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5883, 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. 681 Yeas--104

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kilpatrick Quarles

Baade Freeman Kukuk Raczkowski

Baird Gagliardi LaForge Rhead

Bankes Galloway Law Richner

Basham Gernaat Leland Rison

Bobier Gilmer LeTarte Rocca

Bodem Gire Llewellyn Sanborn

Bogardus Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brewer Green Mans Schroer

Brown Griffin Martinez Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hale McManus Stallworth

Cherry Hammerstrom McNutt Tesanovich

Ciaramitaro Hanley Middaugh Thomas

Crissman Harder Middleton Varga

Cropsey Hertel Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Nays--0

In The Chair: Hanley

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baade, Basham, Bobier, Bodem, Bogardus, Brewer, Brown, Byl, Callahan, Cassis, Cropsey, DeHart, DeVuyst, Dobb, Fitzgerald, Frank, Freeman, Gagliardi, Gernaat, Gire, Goschka, Green, Hammerstrom, Horton, Jansen, Jelinek, Jellema, Kaza, Kelly, Kilpatrick, Kukuk, Law, Llewellyn, London, Lowe, Mans, McBryde, McManus, McNutt, Middaugh, Middleton, Nye, Olshove, Owen, Oxender, Price, Profit, Prusi, Rhead, Richner, Rocca, Sanborn, Schauer, Schermesser, Sikkema, Stallworth, Tesanovich, Vaughn, Voorhees and Wojno were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5499, entitled

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

(The bill was received from the Senate on June 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 57, p.1401.)

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

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

Roll Call No. 682 Yeas--101

Agee Frank Kilpatrick Prusi

Alley Freeman Kukuk Quarles

Anthony Gagliardi LaForge Raczkowski

Baade Galloway Law Rhead

Baird Gernaat Leland Richner

Bankes Gilmer LeTarte Rison

Basham Gire Llewellyn Rocca

Bobier Godchaux London Sanborn

Bodem Goschka Lowe Schauer

Bogardus Green Mans Schermesser

Brater Griffin Martinez Schroer

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Callahan Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Ciaramitaro Hertel Murphy Varga

Crissman Hood Olshove Vaughn

Cropsey Horton Owen Voorhees

Curtis Jansen Oxender Wallace

Dalman Jelinek Parks Wetters

DeHart Jellema Perricone Whyman

Dobb Johnson Price Willard

Dobronski Kelly Profit Wojno

Emerson

Nays--2

Kaza Nye

In The Chair: Hanley

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5500, entitled

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

(The bill was received from the Senate on June 10, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1401.)

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

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

Roll Call No. 683 Yeas--102

Agee Emerson Kilpatrick Prusi

Alley Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baade Freeman Law Rhead

Baird Gagliardi Leland Richner

Bankes Galloway LeTarte Rison

Basham Gernaat Llewellyn Rocca

Bobier Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Olshove Vaughn

Cropsey Hood Owen Voorhees

Curtis Horton Oxender Wallace

Dalman Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Dobronski Kelly

Nays--2

Kaza Nye

In The Chair: Hanley

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30306, 30307, and 30317 (MCL 324.30306, 324.30307, and 324.30317), section 30306 as added by 1995 PA 59, section 30307 as amended by 1995 PA 103, and section 30317 as amended by 1996 PA 530.

(The bill was received from the Senate on June 11, with amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 16, see House Journal No. 58, p.1439.)

The question being on concurring in the adoption of the amendment made to the bill by the Senate,

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

Roll Call No. 684 Yeas--64

Alley Dalman Kilpatrick Prusi

Anthony DeVuyst LaForge Richner

Baade Dobb Leland Rison

Baird Fitzgerald LeTarte Schauer

Bankes Galloway Mans Schermesser

Basham Gilmer Martinez Schroer

Bobier Godchaux McManus Scott

Bodem Griffin McNutt Scranton

Bogardus Gustafson Middaugh Sikkema

Brater Hale Middleton Stallworth

Brown Hanley Murphy Tesanovich

Byl Hertel Olshove Thomas

Callahan Hood Oxender Varga

Cherry Jellema Parks Vaughn

Ciaramitaro Johnson Price Wallace

Crissman Kelly Profit Wojno

Nays--36

Brewer Gire Kaza Owen

Cassis Goschka Kukuk Perricone

Cropsey Green Law Raczkowski

Curtis Gubow Llewellyn Rhead

DeHart Hammerstrom London Rocca

Frank Harder Lowe Sanborn

Freeman Horton Mathieu Voorhees

Gagliardi Jansen McBryde Whyman

Gernaat Jelinek Nye Willard

In The Chair: Hanley

The House agreed to the full title.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Cassis moved that the Committee on Tax Policy be discharged from further consideration of House Bill No.4710.

(For first notice see House Journal No. 60, p. 1516.)

The question being on the motion by Rep. Cassis,

Rep. Cassis moved that consideration of the motion be postponed for the day.

The motion prevailed.

______

Rep. Gagliardi moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, June 23, at 10:00 a.m.

The motion prevailed.

Reps. Baird, Dobronski, Cherry, Frank, DeHart, London, Martinez, Kelly, Anthony, Cropsey, Llewellyn, Jansen, Mans, Gire, Dobb, Johnson, Oxender, Scranton, Brater, Varga, Bankes, Baade, Freeman, Parks, Gilmer, Jellema, Birkholz, LaForge, Schermesser, Scott, Schroer, Hale, Thomas, Goschka, Kilpatrick, Bodem, Murphy, Vaughn and Bogardus offered the following resolution:

House Resolution No. 326.

A resolution recognizing September 20-26, 1998 as Yellow Ribbon Youth Suicide Awareness and Prevention Week.

Whereas, Youth suicide is one of the most disruptive and tragic events a family and a community can experience and it is reported that these deaths are occurring at a national rate of over 5,000 each year; and

Whereas, Research shows that 95 percent of youth suicides are preventable. The issue of youth suicide and how to prevent it is of extreme importance and must be recognized as an immediate need; and

Whereas, Statistics support the assertion that awareness, education and action saves lives and that heightened community awareness will encourage communities to develop strategies to prevent youth suicides; and

Whereas, In Michigan, the Yellow Ribbon Program has joined other prevention programs to encourage members of the community to wear yellow ribbons to increase awareness and prevention of this tragedy; now, therefore, be it

Resolved by the House of Representatives, That we proclaim September 20-26, 1998 as Yellow Ribbon Youth Suicide Awareness and Prevention Week.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Brewer, Vaughn, Hale, Bogardus, Rison, Quarles, Kelly, Scott, Murphy, Thomas, Dobronski, Cherry, DeHart, Martinez, Baird, Anthony, Cropsey, Gire, Brater, Varga, Bankes, Baade, Harder, Freeman, Parks, LaForge, Price, Schermesser, Schroer, Goschka and Kilpatrick offered the following resolution:

House Resolution No. 327.

A resolution commemorating June 19, 1998 as Juneteenth Day in Michigan.

Whereas, It is with great pride that we join with the citizens of the State of Michigan in celebrating Juneteenth Day. As the residents of this state gather to pay their respects to the memory of those who established this celebration and to reaffirm their commitment for the future, we commend them and thank them for all that they have done in helping to define the future of this great nation; and

Whereas, Started in 1865, the Juneteenth celebration can trace its roots to the pioneer spirit of the men and women who first cleared the land and built the institutions and homes that make this country what we know and celebrate today. While those early pioneers would likely not recognize many of the freedoms we take for granted now, they would appreciate the pride we take in our families and in our rich history in America; and

Whereas, In observing Juneteenth Day, we all learn a little more about our ancestors. Often, in recalling the struggles of our forefathers, we gain new insights into the love, strength, and guidance God has given us throughout our history. For our children, there are even greater rewards, as they discover that they are part of traditions that will be with them all of their lives; now, therefore, be it

Resolved by the House of Representatives, That we commend all those who have coordinated the events marking this observance; and be it further

Resolved, That a copy of this resolution be transmitted to coordinators of this observance as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Kaza, Cropsey, Kukuk, Llewellyn and Parks offered the following resolution:

House Resolution No. 328.

A resolution to memorialize Congress to repeal the Humphrey-Hawkins Act.

Whereas, As recent events in Asia, Mexico, and elsewhere have demonstrated, the surest path to widespread unemployment for a nation is for its central bank to bring about monetary instability; and

Whereas, The Federal Reserve Act of 1913 was passed in order to create a Federal Reserve Board responsible for maintaining a stable supply of money adequate for accommodating the commerce of the nation; and

Whereas, In order to accomplish its goal of securing monetary stability, the Federal Reserve Board was given the authority to regulate banks as to reserve and capitalization requirements, set short-term interest rates for inter-bank lending, purchase or sell United States debt instruments, and use certain tools to affect the money supply, all for the purpose of maintaining price stability; and

Whereas, In 1978 Congress passed the Full Employment and Balanced Growth Act, better known as the Humphrey-Hawkins Act. This act broke a 65-year tradition of the Federal Reserve Board having the exclusive mission of preserving monetary and price stability, and added to its mission a potentially contradictory task of maintaining full employment; and

Whereas, The level of employment is a function of many factors, many of which are beyond the control of the Federal Reserve Board, which, if it attempts to influence employment levels through the tools of money supply management, can only cause distortions in the economy and monetary instability. These actions ultimately will have the unintended effect of increasing unemployment; and

Whereas, By extending the Federal Reserve Board missions that are potentially contradictory, as has been the case since the passage of the Humphrey-Hawkins Act, Congress has increased the likelihood that neither mission will be accomplished; and

Whereas, As an example of these conflicting missions causing both higher unemployment and greater monetary instability, one need look no further than the years immediately following the passage of the Humphrey-Hawkins Act in 1978. At that time, the Federal Reserve Board, through attempts to maintain near-term full employment in the face of commodity price increases, drastically increased the money supply, leading to 18 percent inflation and 21.5 percent interest rates. When the Federal Reserve Board under new Chairman Paul Volcker undertook the desperately needed course of restraining this excessive monetary growth and restoring price stability, unemployment shot up to a rate of 15.5 percent, the worst since the Great Depression of the 1930s. This level was attributable, in large part, to the Federal Reserve Board's previous effort to comply with a misguided attempt to burden the board with conflicting missions; and

Whereas, Due to the courageous leadership of Paul Volcker and his successor, Alan Greenspan, as Chairman of the Federal Reserve Board, the institution has resisted the political pressure and statutory confusion created by the Humphrey-Hawkins Act. The board has, instead, focused on its proper mission of maintaining price stability, and as a result has helped create an era of monetary stability and economic growth unparalleled since the late 19th century, and baffled those economists who have contended that it is impossible to have both low inflation and low unemployment; and

Whereas, There is no guarantee that future Federal Reserve Board Chairmen or Chairwomen will have the courage to resist political and statutory pressures similarly to pursue goals that conflict with monetary and price stability; now therefore, be it

Resolved by the House of Representatives, That the membership does hereby memorialize Congress to remove the statutory requirement that the Federal Reserve Board pursue the potentially conflicting short-term goals of monetary stability and full employment by repealing the Humphrey-Hawkins Act of 1978. We urge that the Federal Reserve Board be charged exclusively with its traditional and economically correct role of maintaining monetary and price stability; and be it further

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

The resolution was referred to the Committee on House Oversight and Ethics.

Reps. Alley, Wetters, London, Frank and McNutt offered the following resolution:

House Resolution No. 329.

A resolution to request the Department of Natural Resources, the Department of Environmental Quality, and the Department of Agriculture to assist working groups to preserve and improve the economic, ecologic, and aesthetic resources of Lake Huron and the Saginaw Bay Watershed.

Whereas, Lake Huron and the Saginaw Bay Watershed provide tremendous economic, ecologic, and aesthetic benefits to the citizens of the State of Michigan, the Great Lakes Basin, Canada, and the United States; and

Whereas, Lake Huron is the third largest freshwater lake in the world in terms of area, is the sixth largest freshwater lake in the world in terms of volume, possesses the longest shoreline of any of the Great Lakes, has more islands than any other lake in the world, and has the largest island, Manitoulin, of any freshwater lake in the world; and

Whereas, The Saginaw Bay Watershed covers all or part of twenty-two counties and 8,700 square miles, is the discharge point of major rivers, has a bay that covers 1,143 square miles with 240 miles of shoreline, is home to America's largest contiguous freshwater coastal wetlands system, and is home to 1.4 million people; and

Whereas, These two freshwater entities provide numerous research opportunities for the betterment of the State of Michigan, the Great Lakes Basin, Canada, and the United States; and

Whereas, Numerous conservation groups, businesses, citizen groups, communities, and foundations have initiated and continued many initiatives and projects to enhance, preserve, and strengthen Lake Huron and the Saginaw Bay Watershed; and

Whereas, The active efforts of the citizens of the State of Michigan, the Great Lakes Basin, Canada, and the United States will create a more sustainable future for all inhabitants of the region. In addition, this work will result in a sense of personal stewardship--a key component to the goal of preservation; now, therefore, be it

Resolved by the House of Representatives, That we request the Department of Natural Resources, the Department of Environmental Quality, and the Department of Agriculture to assist working groups such as the Saginaw Bay Resource, Conservation, and Development Area; the Watershed Initiative Network for Saginaw Bay; and the Partnership for the Saginaw Bay Watershed, which each include conservation groups, businesses, citizen groups, communities, foundations, and other agencies, to further preserve the rich resources of Lake Huron and the Saginaw Bay Watershed; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Natural Resources, the Department of Environmental Quality, and the Department of Agriculture.

The resolution was referred to the Committee on Conservation, Environment and Recreation.

Reps. McNutt, Alley, Rhead, Llewellyn, McManus, Middleton, Lowe, Bodem, Dobb, Crissman, Gernaat, London, Raczkowski, Birkholz, Richner, Jelinek, Hammerstrom, Fitzgerald, LeTarte, Wetters, Price, Kilpatrick, Varga, Brater, Anthony, LaForge, Prusi, Agee, Parks, Mans, Gagliardi, Baade, Harder, Curtis, Frank, Hale, Wojno, Callahan, Hanley, Cassis and Perricone offered the following resolution:

House Resolution No. 330.

A resolution honoring the Midland High School Chemics Varsity Baseball Team as the 1998 Division 1 State Champions.

Whereas, In a dominating display of skill, teamwork and determination, the Midland High School Baseball Team has laid claim to the 1998 Division 1 State Championship; and

Whereas, The Chemics voyage to the top of Division 1 included victories over Bay City Central and Western in the districts, Clio and Alpena in the regionals and Rochester in the quarter finals. It was then on to the semi-finals to play Brighton and then finally on to play Saline at Battle Creek; and

Whereas, With a balance of excellent scoring and teamwork, the Chemics dominated much of the competition they faced all season long, once again leading their community to another trophy; and

Whereas, Under the direction of Head Coach Terry Wilczek, the Midland team blended well as a unit. These young individuals displayed great poise in setting lofty goals for themselves at the beginning of the season and made these dreams a reality through hard work and commitment. Many of the talents and characteristics they exhibited in reaching this goal will help them in all aspects of their lives; and

Whereas, Members of this legislative body extend praise and tribute to Head Coach Terry Wilczek, Assistant Coaches Eric Albright, Pat Bojcun, David Jenkins, Steve Poole, Tom Messinger and Team Statistician David Flick; now, therefore, be it

Resolved by the House of Representatives, That we offer congratulations to the Midland High School Baseball Team as they celebrate their title as 1998 Division 1 State Champions. We salute you:

David Beach Brian Sutter

Denny Sian Tyson Martin

Simon Murley Jon Ryder

Chris Cohoon Kevin Mahar

Patrick Murphy Michael Worsley

Ben Ludwig Richard Lee

Scott Plachta Ryan Johnson

Andy Munch Justin Davis

Joe Linde Matt Widenmier

Kurt Hansen Adam Kastl

Ben Martin

; and be it further

Resolved, That copies of this resolution be transmitted to the 1998 Midland High School Baseball Division 1 State Champions as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Gire, DeHart, Freeman, LaForge, Bogardus, Sanborn, Callahan, Hammerstrom, Cherry, Martinez, Baird, Kelly, Anthony, Llewellyn, Dobb, Brater, Varga, Baade, Parks, Schermesser, Scott, Schroer, Hale, Kilpatrick, Murphy and Vaughn offered the following concurrent resolution:

House Concurrent Resolution No. 112.

A concurrent resolution to amend the Joint Rules of the Senate and the House of Representatives.

Resolved by the House of Representatives (the Senate concurring), That the Joint Rules of the Senate and the House of Representatives are hereby amended by adding the following rule: "Joint Committee on Children

Rule 29. The Joint Committee on Children is created and shall consist of 6 members of the House and 6 members of the Senate appointed in the same manner as standing committees are appointed. The House membership shall include at least 2 members, 1 from the majority party caucus and 1 from the minority party caucus, from the House Education Committee and from the House Human Services and Children Committee and at least 1 member from the House Appropriations Subcommittee on Community Health or the House Appropriations Subcommittee on the Family Independence Agency. The Senate membership shall include at least 2 members, 1 from the majority party caucus and 1 from the minority party caucus, from the Senate Education Committee and from the Senate Families, Mental Health and Human Services Committee and at least 1 member from the Senate Appropriations Subcommittee on Community Health or the Senate Appropriations Subcommittee on the Family Independence Agency.

The Joint Committee on Children, which shall meet at least 4 times each year, shall study public policies affecting children in Michigan and is responsible for defining and establishing the components, guidelines, and objectives of a comprehensive state policy to ensure and promote the present and future well-being of the state's youth.".

The concurrent resolution was referred to the Committee on House Oversight and Ethics.

Reports of Standing Committees

The Committee on Advanced Technology and Computer Development, by Rep. Brewer, Chair, reported

House Bill No. 5537, entitled

A bill to create the state school technology commission within the department of education; to prescribe its powers and duties; and for related purposes.

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 5537 To Report Out:

Yeas: Reps. Brewer, Basham, Baird, Brown, Kaza, Whyman,

Nays: None.

The Committee on Advanced Technology and Computer Development, by Rep. Brewer, Chair, reported

House Bill No. 5634, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 270.

The committee recommended that the bill be referred to the Committee on House Oversight and Ethics.

Favorable Roll Call

HB 5634 To Report Out:

Yeas: Reps. Brewer, Basham, Baird, Brown, Kaza,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on House Oversight and Ethics.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 18, 1998, at 8:30 a.m.,

Present: Reps. Brewer, Basham, Baird, Brown, Kaza, Hammerstrom, Whyman,

Absent: Reps. Quarles, Walberg,

Excused: Reps. Quarles, Walberg.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 18, 1998, at 8:00 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, Gernaat, Horton, Jelinek, Nye,

Absent: Rep. DeVuyst,

Excused: Rep. DeVuyst.

Messages from the Governor

The following message from the Governor was received June 17, 1998 and read:

EXECUTIVE ORDER

No. 1998 - 4

Reading Plan For Michigan Advisory Council

Michigan Department of Education

WHEREAS, a child's ability to read is paramount in securing his or her future success; and

WHEREAS, the educational success of Michigan's children is the key to Michigan's future; and

WHEREAS, Executive Directive 1998-2 states Michigan's goal of having all children reading at or above grade level by the time they reach the fourth grade; and

WHEREAS, the best research shows that this is an attainable goal if children are screened early for learning difficulties and are taught using effective methods; and

WHEREAS, Executive Directive 1998-2 establishes the framework for the Reading Plan for Michigan (RPM) and directs the Superintendent of Public Instruction to cause the Department of Education to develop materials and collateral programs to fulfill the Reading Plan for Michigan; and

WHEREAS, in developing these materials and programs the Department should draw upon the wealth of knowledge and experience of educators and others who influence or are affected by the ability of Michigan school children to read.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

1. The Reading Plan for Michigan Advisory Council is hereby established within the Michigan Department of Education and is charged with providing advice and counsel to the Superintendent of Public Instruction for developing materials and programs related to the Reading Plan for Michigan (RPM). The council shall be comprised of eleven (11) members, appointed by the Governor, who possess a broad array of talents and experience relevant to the reading ability of children. The Governor shall designate the chair of the council.

2. The council shall have the following duties:

a. The Reading Plan for Michigan Advisory Council shall provide recommendations to the Superintendent of Public Instruction to guide the work of the Department of Education in the development of materials and programs related to the Reading Plan for Michigan (RPM). The RPM has four main components, as outlined in Executive Directive 1998-2: reading readiness kits, diagnostic instruments to assess reading readiness, reading progress portfolios and a summer reading program.

b. The council shall meet within one (1) month of the date of this Order at a time and location designated by the chair, and shall meet as often as necessary to fulfill its charge. The council's recommendations shall be forwarded to the Superintendent in a timely manner that corresponds with the deadlines established in Executive Directive 1998-2.

c. The council shall submit an annual report to the Governor and the Superintendent regarding progress in the implementation of the RPM.

d. Upon completion of its mission the council shall dissolve four (4) years from the date of this Order.

3. Members of the council shall not receive compensation, but may receive necessary expenses for the performance of council functions, based on existing state rates.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 17th day of June, in the Year of our Lord, One Thousand Nine Hundred Ninety-Eight.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

Introduction of Bills

Rep. Law introduced

House Bill No. 5947, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 113 (MCL 560.113).

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

Rep. Law introduced

House Bill No. 5948, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," (MCL 559.101 to 559.275) by adding section 171b.

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

Rep. Law introduced

House Bill No. 5949, entitled

A bill to amend 1993 PA 136, entitled "An act to provide immunity from civil liability to persons who donate food for use or distribution by certain nonprofit or charitable corporations, organizations, or associations; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, and 3 (MCL 691.1571, 691.1572, and 691.1573).

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

Reps. Raczkowski and Richner introduced

House Bill No. 5950, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 122 (MCL 450.1122), as amended by 1989 PA 121.

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

Rep. Mans introduced

House Bill No. 5951, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 44a, 303, 625, 625a, 625c, 625g, and 625m (MCL 257.8a, 257.44a, 257.303, 257.625, 257.625a, 257.625c, 257.625g, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 303 as amended by 1996 PA 587, sections 625, 625a, and 625m as amended by 1996 PA 491, and sections 625c and 625g as amended by 1994 PA 450, and by adding section 23b.

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

Rep. Schauer introduced

House Bill No. 5952, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 904c, 904d, 904e, and 904f.

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

Rep. Schermesser introduced

House Bill No. 5953, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1980 PA 159, and section 479a as amended by 1996 PA 586.

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

Rep. Brown introduced

House Bill No. 5954, entitled

A bill to amend 1931 PA 214, entitled "An act to enact a law to define the offense of felonious driving, when committed by the operation of a vehicle and to prescribe penalties therefor," by amending section 2 (MCL 752.192).

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

Rep. Callahan introduced

House Bill No. 5955, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703).

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

Rep. Bogardus introduced

House Bill No. 5956, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 904c, 904d, 904e, and 904f.

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

______

Rep. Murphy moved that the House adjourn.

The motion prevailed, the time being 2:25 p.m.

Acting Speaker Hanley declared the House adjourned until Tuesday, June 23, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.