No. 63

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, June 24, 1998.

10:00 a.m.

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

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--excused

Birkholz--present

Bobier--e/d/s

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--excused

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--e/d/s

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--e/d/s

Kukuk--present

LaForge--present

Law--excused

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--excused

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--excused

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Harold Voorhees, from the 77th District, offered the following invocation:

"Let us pray. Heavenly Father, again this morning we come to acknowledge You and to give thanks for such a glorious day, another beautiful day in the beautiful State of Michigan. We thank You for Your blessing upon us as a state, as a people, upon our nation and upon all those who will in this day again acknowledge You as our provider. In Your word, You give promises and Your promises are 'yes' and 'amen', they are true always. The promise is that if we will acknowledge You, You will direct our path. So we ask, O God, that You will direct the discussions, the debate, the voting and all that goes on again in this distinguished chamber. We thank You that throughout this land the opportunity for people to be involved in their government is free and untethered and that we may in all that we do acknowledge Your principles and ask for Your guidance and for Your direction. Be with those in this day within our state that are suffering and in need of special care. Be with those who are hurting because of loved ones hurting. We ask for Your guidance and direction upon each of them as You guide and direct the President of this nation, the Governor of this state and each of us as Your servants to Your people. We give You thanks in Christ's Name. Amen."

______

Rep. Dobronski moved that Reps. Basham, Curtis and Varga be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. Law and Oxender be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 339.

A resolution as a memorial to the Honorable George M. Van Peursem, former member of the Michigan House of Representatives.

Whereas, The members of this legislative body, on behalf of the people of the this state, join the family and many friends of George M. Van Peursem, a former member and Speaker of the Michigan House, in mourning his recent death. This dedicated gentlemen personified the highest standards of integrity and diligence both during his tenure as a lawmaker and during his many years as president of the Michigan Manufacturers Association; and

Whereas, A graduate of Zeeland High School and the Chicago Kent College of Law, George Van Peursem garnered experience in private practice in Illinois before moving back to Michigan in 1948. Heeding his community's call for effective leadership, he was elected to the Michigan House in 1950, and served a total of four terms. After his reelection in 1956, he was elected to serve as Speaker of the House during the Sixty-ninth Legislature. Following his legislative career, he served as chair of the Michigan Republican Party, earning a well deserved reputation as man of his word; and

Whereas, Strong in his convictions and possessing the courage to express them, George Van Peursem was a staunch advocate of free enterprise who believed that government all too often impeded economic development. Indeed, he expressed that sentiment frequently during his ten years as president of the Michigan Manufacturers Association. In all of his endeavors, Mr. Van Peursem demonstrated leadership, vision, a positive outlook, and a great sense of humor. His generosity, honesty, and determination left a lasting impression on everyone who had the good fortune of working with him; now, therefore, be it

Resolved by the House of Representatives, That we hereby accord our highest tribute as a memorial to the Honorable George M. Van Peursem in grateful recognition of the many contributions he made to the people of this state; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Van Peursem's family as a testimony to the high esteem in which his life and memory are held by the people of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted by a unanimous standing vote.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 247.

A resolution to call on the Michigan Sentencing Commission to revise its proposed sentencing guidelines and submit them to the Clerk of the House and the Secretary of the Senate within 90 days.

(For text of resolution, see House Journal No. 31, p. 576.)

(The resolution was reported by the Committee on Judiciary on April 1, consideration of which was postponed until April 2 under the rules.)

The question being on the adoption of the resolution,

Rep. Gagliardi moved that the resolution be re-referred to the Committee on Judiciary.

The motion prevailed.

______

The Associate Speaker Pro Tempore resumed the Chair.

Third Reading of Bills

House Bill No. 5741, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8312 (MCL 600.8312).

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

Roll Call No. 701 Yeas--99

Agee Emerson Kelly Prusi

Alley Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Crissman Hertel Olshove Walberg

Cropsey Hood Owen Wallace

Dalman Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski Kaza Profit

Nays--0

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. 897, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 9f (MCL 764.9f), as amended by 1996 PA 81.

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

Roll Call No. 702 Yeas--99

Agee Emerson Kelly Quarles

Alley Fitzgerald Kukuk Raczkowski

Anthony Frank LaForge Rhead

Baade Freeman Leland Richner

Baird Gagliardi LeTarte Rison

Bankes Galloway Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Goschka Mathieu Scott

Brewer Green McBryde Scranton

Brown Griffin McManus Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Vaughn

Ciaramitaro Hanley Nye Voorhees

Crissman Harder Olshove Walberg

Cropsey Hood Palamara Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jelinek Price Willard

Dobb Jellema Profit Wojno

Dobronski 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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

House Bill No. 5798, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4r.

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

Roll Call No. 703 Yeas--92

Alley Fitzgerald LaForge Prusi

Anthony Frank Leland Quarles

Baade Gagliardi LeTarte Raczkowski

Baird Galloway Llewellyn Rhead

Bankes Gernaat London Richner

Birkholz Gire Lowe Rison

Bodem Godchaux Mans Rocca

Bogardus Goschka Martinez Sanborn

Brackenridge Green Mathieu Schauer

Brater Griffin McBryde Schermesser

Brewer Gustafson McManus Scott

Brown Hale McNutt Sikkema

Byl Hammerstrom Middaugh Stallworth

Callahan Hanley Middleton Tesanovich

Cassis Harder Murphy Thomas

Cherry Hood Nye Vaughn

Crissman Jansen Olshove Voorhees

Cropsey Jelinek Owen Walberg

Dalman Jellema Palamara Wallace

DeHart Johnson Parks Wetters

DeVuyst Kaza Perricone Whyman

Dobb Kelly Price Willard

Dobronski Kukuk Profit Wojno

Nays--3

Ciaramitaro Freeman Gubow

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. 5799, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4q.

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

Roll Call No. 704 Yeas--93

Alley Gagliardi LaForge Prusi

Anthony Galloway Leland Quarles

Baade Gernaat LeTarte Raczkowski

Baird Gilmer Llewellyn Rhead

Bankes Gire London Richner

Birkholz Godchaux Lowe Rocca

Bodem Goschka Mans Sanborn

Bogardus Green Martinez Schauer

Brackenridge Griffin Mathieu Schermesser

Brater Gustafson McBryde Scott

Brewer Hale McManus Scranton

Brown Hammerstrom McNutt Sikkema

Byl Hanley Middaugh Stallworth

Callahan Harder Middleton Tesanovich

Cassis Hood Murphy Thomas

Cherry Horton Nye Vaughn

Crissman Jansen Olshove Voorhees

Cropsey Jelinek Owen Walberg

Dalman Jellema Palamara Wallace

DeHart Johnson Parks Wetters

DeVuyst Kaza Perricone Whyman

Dobb Kelly Price Willard

Dobronski Kukuk Profit Wojno

Frank

Nays--4

Ciaramitaro Emerson Freeman Gubow

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. 865, entitled

A bill to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the operation of personal watercraft; to impose certain safety requirements on operators of personal watercraft; to prescribe the duties and responsibilities of owners, operators, and dealers of personal watercraft; to prescribe the powers and duties of certain state departments; to provide for penalties; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on passage on the bill,

Rep. Nye moved to amend the bill as follows:

1. Amend page 4, line 8, after "AND" by striking out "IS LIABLE FOR" and inserting "SHALL BE ORDERED TO PAY".

2. Amend page 4, line 21, after "AND" by striking out "IS LIABLE FOR" and inserting "SHALL BE ORDERED TO PAY".

The motion was seconded and the amendments were 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. 705 Yeas--101

Agee Fitzgerald Kelly Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Dalman Jansen Palamara Wallace

DeHart Jelinek Parks Wetters

DeVuyst Jellema Perricone Whyman

Dobb Johnson Price Willard

Dobronski Kaza Profit Wojno

Emerson

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 1998 PA 116, entitled "An act to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the operation of personal watercraft; to impose certain safety requirements on operators of personal watercraft; to prescribe the duties and responsibilities of owners, operators, and dealers of personal watercraft; to prescribe the powers and duties of certain state departments; to provide for penalties; and to repeal acts and parts of acts," (MCL 281.1401 to 281.1445) by adding sections 5, 15, 17, 27, 35, 37, 39, 41, and 43; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 754, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending sections 40, 41, 43, 50, and 56 (MCL 205.240, 205.241, 205.243, 205.250, and 205.256), sections 40, 41, 43, and 50 as added by 1993 PA 54 and section 56 as amended by 1994 PA 372.

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

Roll Call No. 706 Yeas--100

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Leland Richner

Birkholz Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Sanborn

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scott

Byl Gubow McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Ciaramitaro Hanley Middleton Thomas

Crissman Harder Murphy Vaughn

Cropsey Hertel Nye Voorhees

Dalman Hood Olshove Walberg

DeHart Horton Owen Wallace

DeVuyst Jansen Palamara Wetters

Dobb Jelinek Parks Whyman

Dobronski Jellema Perricone Willard

Emerson Johnson Price Wojno

Nays--0

In The Chair: Gire

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

"An act to provide for the taxation of estates and generation-skipping transfers of property; to prescribe the powers and duties of certain personal representatives and state departments; to provide for the assessment and collection of the tax; and to provide for the administration and enforcement of this act,".

The House agreed to the full title.

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

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

House Bill No. 5717, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 82126a, 82126b, and 82126c.

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

Roll Call No. 707 Yeas--97

Agee Frank Kelly Profit

Alley Freeman Kukuk Prusi

Anthony Gagliardi LaForge Quarles

Baade Galloway Leland Raczkowski

Baird Gernaat LeTarte Richner

Bankes Gilmer Llewellyn Rison

Birkholz Gire London Rocca

Bodem Godchaux Lowe Sanborn

Bogardus Goschka Mans Schauer

Brackenridge Green Martinez Schermesser

Brewer Griffin Mathieu Schroer

Brown Gubow McBryde Scott

Byl Gustafson McManus Scranton

Callahan Hale McNutt Sikkema

Cassis Hammerstrom Middaugh Stallworth

Cherry Harder Middleton Tesanovich

Ciaramitaro Hertel Murphy Thomas

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Dalman Jansen Owen Walberg

DeHart Jelinek Palamara Wallace

DeVuyst Jellema Parks Wetters

Dobb Johnson Perricone Whyman

Dobronski Kaza Price Willard

Fitzgerald

Nays--0

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. 5520, entitled

A bill to regulate the activities of travel promoters; and to provide certain rights and remedies to certain persons.

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

Roll Call No. 708 Yeas--92

Agee Dobronski Jellema Prusi

Alley Emerson Johnson Raczkowski

Anthony Fitzgerald Kelly Rhead

Baade Frank LaForge Richner

Baird Freeman Leland Rison

Bankes Gagliardi Llewellyn Rocca

Birkholz Galloway London Sanborn

Bodem Gernaat Lowe Schauer

Bogardus Gilmer Mans Schermesser

Brackenridge Gire Martinez Scott

Brater Godchaux Mathieu Scranton

Brewer Goschka McBryde Sikkema

Brown Green McManus Stallworth

Byl Gubow McNutt Tesanovich

Callahan Gustafson Middaugh Thomas

Cassis Hale Middleton Vaughn

Cherry Hammerstrom Murphy Voorhees

Ciaramitaro Hanley Olshove Walberg

Cropsey Harder Owen Wallace

Dalman Hood Palamara Wetters

DeHart Horton Parks Whyman

DeVuyst Jansen Price Willard

Dobb Jelinek Profit Wojno

Nays--5

Crissman Kukuk Nye Perricone

Kaza

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 regulate certain persons engaged in business as travel promoters; and to provide for certain remedies.

The motion prevailed.

The House agreed to the title as amended.

Reps. Anthony, Byl, Gagliardi, Gire, Goschka, Kelly, Llewellyn, Martinez, McBryde, Rocca, Scranton, Tesanovich and Voorhees were named co-sponsors of the bill.

______

Rep. LeTarte, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 708 because of a possible conflict of interest."

House Bill No. 5521, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.

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

Roll Call No. 709 Yeas--88

Agee Emerson Jellema Quarles

Alley Fitzgerald Johnson Raczkowski

Anthony Frank Kelly Rhead

Baird Freeman LaForge Richner

Bankes Gagliardi Leland Rison

Birkholz Galloway Llewellyn Rocca

Bodem Gernaat London Sanborn

Bogardus Gilmer Lowe Schauer

Brackenridge Gire Mans Schermesser

Brater Godchaux Mathieu Schroer

Brewer Goschka McBryde Scott

Brown Green McManus Scranton

Byl Griffin McNutt Sikkema

Callahan Gubow Middaugh Stallworth

Cassis Gustafson Murphy Tesanovich

Cherry Hale Olshove Thomas

Ciaramitaro Hammerstrom Owen Vaughn

Cropsey Hanley Palamara Wallace

Dalman Harder Parks Wetters

DeHart Hood Price Whyman

Dobb Jansen Profit Willard

Dobronski Jelinek Prusi Wojno

Nays--10

Crissman Kaza Nye Voorhees

DeVuyst Kukuk Perricone Walberg

Horton Middleton

In The Chair: Gire

The House agreed to the title of the bill.

Reps. Anthony, Byl, Gagliardi, Gire, Goschka, Kelly, Llewellyn, Martinez, McBryde, Rocca, Scranton, Tesanovich and Voorhees were named co-sponsors of the bill.

______

Rep. LeTarte, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 709 because of a possible conflict of interest."

House Bill No. 5800, entitled

A bill to provide for the conversion to the euro currency for contracts and other financial documents that state or reference a medium of currency that has been substituted by the euro monetary unit.

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

Roll Call No. 710 Yeas--100

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Sanborn

Brackenridge Godchaux Mans Schauer

Brater Goschka Martinez Schermesser

Brewer Green Mathieu Schroer

Brown Griffin McBryde Scott

Byl Gubow McManus Scranton

Callahan Gustafson McNutt Sikkema

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Nye Voorhees

Cropsey Hood Olshove Walberg

Dalman Horton Owen Wallace

DeHart Jansen Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price 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 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1210.

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.

House Bill No. 5835, entitled

A bill to address currency changes in Europe; and to provide for acceptance of euro currency as a substitute or replacement for original currency referenced in a contract.

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

Roll Call No. 711 Yeas--102

Agee Fitzgerald Kelly Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Dalman Horton Palamara Wallace

DeHart Jansen Parks Wetters

DeVuyst Jelinek Perricone Whyman

Dobb Jellema Price Willard

Dobronski Johnson Profit Wojno

Emerson Kaza

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 1962 PA 174, entitled "Uniform commercial code," (MCL 440.1101 to 440.11102) by adding section 1211.

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.

House Bill No. 5818, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82108, 82118, and 82120 (MCL 324.82108, 324.82118, and 324.82120), sections 82108 and 82120 as added by 1995 PA 58 and section 82118 as amended by 1996 PA 183, and by adding sections 82107a and 82123a.

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

Roll Call No. 712 Yeas--99

Agee Emerson Johnson Quarles

Alley Fitzgerald Kelly Raczkowski

Anthony Frank LaForge Rhead

Baade Freeman Leland Richner

Baird Gagliardi LeTarte Rison

Bankes Galloway Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Goschka Mathieu Scott

Brewer Green McBryde Scranton

Brown Griffin McManus Sikkema

Byl Gubow Middaugh Stallworth

Callahan Gustafson Middleton Tesanovich

Cassis Hale Murphy Thomas

Cherry Hammerstrom Nye Vaughn

Ciaramitaro Hanley Olshove Voorhees

Crissman Harder Owen Walberg

Cropsey Hertel Palamara Wallace

Dalman Hood Parks Wetters

DeHart Horton Perricone Whyman

DeVuyst Jansen Price Willard

Dobb Jelinek Profit Wojno

Dobronski Jellema Prusi

Nays--2

Kaza Kukuk

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," by amending sections 82108 and 82120 (MCL 324.82108 and 324.82120), as added by 1995 PA 58, and by adding sections 82107a and 82123a.

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.

Senate Bill No. 830, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 44522 (MCL 324.44522), as added by 1995 PA 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. 713 Yeas--98

Agee Emerson Kelly Profit

Alley Fitzgerald Kukuk Prusi

Anthony Frank LaForge Quarles

Baade Freeman Leland Raczkowski

Baird Gagliardi LeTarte Rhead

Bankes Galloway Llewellyn Richner

Birkholz Gernaat London Rocca

Bodem Gilmer Lowe Sanborn

Bogardus Gire Mans Schauer

Brackenridge Godchaux Martinez Schermesser

Brater Goschka Mathieu 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 Vaughn

Crissman Harder Olshove Voorhees

Cropsey Hood Owen Wallace

Dalman Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski Johnson

Nays--2

Kaza Walberg

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.

______

Rep. Cherry moved that Rep. Gagliardi be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4274, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131, 16146, and 16263 (MCL 333.16131, 333.16146, and 333.16263), sections 16131 and 16263 as amended by 1995 PA 126 and section 16146 as amended by 1988 PA 462, and by adding section 16348 and part 185; and to repeal acts and parts of acts.

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

Roll Call No. 714 Yeas--99

Agee Emerson Kelly Quarles

Alley Fitzgerald Kukuk Raczkowski

Anthony Frank LaForge Rhead

Baade Freeman Leland Richner

Baird Galloway LeTarte Rison

Bankes Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Crissman Hood Owen Walberg

Cropsey Horton Palamara Wallace

Dalman Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Dobronski Kaza Prusi

Nays--0

In The Chair: Gire

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

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

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16348 and part 185; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4364, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1994 PA 445.

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

Roll Call No. 715 Yeas--99

Agee Emerson Kaza Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kukuk Raczkowski

Baade Freeman LaForge Rhead

Baird Galloway Leland Richner

Bankes Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bodem Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Crissman Hertel Olshove Walberg

Cropsey Hood Owen Wallace

Dalman Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski Johnson Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 4365, entitled

A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending sections 3 and 5 (MCL 801.83 and 801.85), section 3 as amended by 1994 PA 212.

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

Roll Call No. 716 Yeas--100

Agee Fitzgerald Kelly Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Gubow McBryde Scott

Brown Gustafson McManus Scranton

Byl Hale McNutt Sikkema

Callahan Hammerstrom Middaugh Stallworth

Cassis Hanley Middleton Tesanovich

Cherry Harder Murphy Thomas

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Dalman Horton Owen Walberg

DeHart Jansen Palamara Wallace

DeVuyst Jelinek Parks Wetters

Dobb Jellema Perricone Whyman

Dobronski Johnson Price Willard

Emerson Kaza Profit Wojno

Nays--0

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. 5654, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending sections 2, 8, and 28 (MCL 125.1502, 125.1508, and 125.1528), section 2 as amended by 1980 PA 371, section 8 as amended by 1994 PA 128, and section 28 as amended by 1996 PA 48, and by adding section 8a; and to repeal acts and parts of acts.

(The bill was read a third time and postponed temporarily on June 23, see House Journal No. 62, p. 1583.)

The question being on the passage of the bill,

Reps. Gubow and Middleton moved to amend the bill as follows:

1. Amend page 14, line 17, by inserting:

"(9) Locally adopted codes EXCEPT FOR CONSTRUCTION CODES do not apply to public or nonpublic schools within the governmental subdivision without concurrence by the school authorities having jurisdiction.

(10) ALL SITE PLANS SHALL BE SUBMITTED FOR REVIEW TO THE LOCAL UNIT OF GOVERNMENT WHERE THE BUILDING IS TO BE LOCATED. THE LOCAL UNIT OF GOVERNMENT MAY SUBMIT RECOMMENDATIONS AND COMMENTS TO THE GOVERNING BODY OF THE PUBLIC OR NONPUBLIC SCHOOL WITHIN 30 DAYS FROM THE DATE THE LOCAL UNIT OF GOVERNMENT RECEIVED THE PLANS." and renumbering the remaining subsections.

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. 717 Yeas--57

Agee Frank Mans Rison

Anthony Freeman Martinez Schermesser

Baird Gagliardi Middleton Schroer

Birkholz Gire Murphy Scott

Bogardus Griffin Olshove Scranton

Brater Gubow Owen Stallworth

Brewer Hale Palamara Thomas

Brown Hammerstrom Parks Vaughn

Byl Hanley Perricone Voorhees

Callahan Hertel Price Wallace

Cherry Hood Profit Wetters

Ciaramitaro Kelly Prusi Whyman

DeHart Leland Quarles Willard

Dobronski Llewellyn Richner Wojno

Emerson

Nays--43

Alley Galloway Jellema Middaugh

Bankes Gernaat Johnson Nye

Bodem Gilmer Kaza Raczkowski

Brackenridge Godchaux Kukuk Rhead

Cassis Goschka LeTarte Rocca

Crissman Green London Sanborn

Cropsey Gustafson Lowe Schauer

Dalman Harder Mathieu Sikkema

DeVuyst Horton McBryde Tesanovich

Dobb Jansen McManus Walberg

Fitzgerald Jelinek McNutt

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 1972 PA 230, entitled "State construction code act of 1972," by amending sections 2, 8, and 28 (MCL 125.1502, 125.1508, and 125.1528), section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, and section 28 as amended by 1996 PA 48, and by adding section 8a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

The motion prevailed.

House Bill No. 5256, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 219 (MCL 750.219) and by adding sections 219e, 219f, and 219g.

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

Roll Call No. 718 Yeas--98

Agee Fitzgerald LaForge Quarles

Alley Frank Leland Raczkowski

Anthony Freeman LeTarte Rhead

Baade Gagliardi Llewellyn Richner

Baird Galloway London Rison

Bankes Gernaat Lowe Rocca

Birkholz Gilmer Mans Sanborn

Bodem Gire Martinez Schauer

Bogardus Godchaux Mathieu Schermesser

Brackenridge Goschka McBryde Schroer

Brater Gubow McManus Scott

Brewer Gustafson McNutt Scranton

Brown Hale Middaugh Sikkema

Byl Hammerstrom Middleton Stallworth

Callahan Hanley Murphy Tesanovich

Cassis Harder Nye Thomas

Cherry Hood Olshove Vaughn

Crissman Horton Owen Voorhees

Cropsey Jansen Palamara Walberg

Dalman Jelinek Parks Wallace

DeHart Jellema Perricone Wetters

DeVuyst Johnson Price Whyman

Dobb Kaza Profit Willard

Dobronski Kelly Prusi Wojno

Emerson Kukuk

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 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 219e and 219f.

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.

Senate Bill No. 663, entitled

A bill to designate bridges on highway M-120 within the cities of Muskegon and North Muskegon as the Veterans Memorial bridges; and to prescribe the duties of the state transportation department.

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

Roll Call No. 719 Yeas--99

Agee Frank Kukuk Quarles

Alley Freeman LaForge Raczkowski

Anthony Gagliardi Leland Rhead

Baade Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Crissman Harder Nye Vaughn

Cropsey Hood Olshove Voorhees

Dalman Horton Owen Walberg

DeHart Jansen Palamara Wallace

DeVuyst Jelinek Parks Wetters

Dobb Jellema Perricone Whyman

Dobronski Johnson Price Willard

Emerson Kaza Profit Wojno

Fitzgerald Kelly Prusi

Nays--0

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. 837, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 506.

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

Roll Call No. 720 Yeas--100

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Sanborn

Brackenridge Godchaux Mans Schauer

Brater Goschka Martinez Schermesser

Brewer Green Mathieu Schroer

Brown Griffin McBryde Scott

Byl Gubow McManus Scranton

Callahan Gustafson McNutt Sikkema

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Nye Voorhees

Cropsey Hood Olshove Walberg

Dalman Horton Owen Wallace

DeHart Jansen Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Nays--0

In The Chair: Gire

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

"An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date,".

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. 1158, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4 (MCL 205.54), as amended by 1993 PA 325.

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

Roll Call No. 721 Yeas--101

Agee Fitzgerald Kelly Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Dalman Jansen Palamara Wallace

DeHart Jelinek Parks Wetters

DeVuyst Jellema Perricone Whyman

Dobb Johnson Price Willard

Dobronski Kaza Profit Wojno

Emerson

Nays--0

In The Chair: Gire

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

"An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5387, entitled

A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.

(The bill was received from the Senate on June 10, with substitute (S-1) 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; substitute (H-3) offered and bill postponed temporarily on June 23, see House Journal No. 62, p. 1566.)

The question being on the adoption of the substitute (H-3) offered previously by Rep. Crissman,

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

The question being on concurring in the Senate substitute (S-1),

The Senate substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 722 Yeas--96

Agee Frank Kelly Prusi

Alley Freeman Kukuk Quarles

Anthony Gagliardi LaForge Raczkowski

Baird Galloway Leland Rhead

Bankes Gernaat LeTarte Richner

Birkholz Gilmer Llewellyn Rison

Bodem Gire London Rocca

Bogardus Godchaux Lowe Sanborn

Brackenridge Goschka Mans Schauer

Brater Green Martinez Schermesser

Brewer Griffin McBryde Schroer

Brown Gubow McManus Scott

Byl Gustafson McNutt Scranton

Callahan Hale Middaugh Sikkema

Cassis Hammerstrom Middleton Stallworth

Cherry Hanley Murphy Tesanovich

Ciaramitaro Harder Nye Thomas

Crissman Hood Olshove Vaughn

Cropsey Horton Owen Voorhees

Dalman Jansen Palamara Walberg

DeHart Jelinek Parks Wallace

Dobb Jellema Perricone Wetters

Dobronski Johnson Price Willard

Fitzgerald Kaza Profit Wojno

Nays--0

In The Chair: Gire

Second Reading of Bills

Senate Bill No. 281, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1994 PA 345 and section 36 as amended by 1996 PA 554.

(The bill was read a second time, committee amendments adopted, substitute (H-5) adopted, amended and bill postponed temporarily on June 24, see House Journal No. 62, p. 1584.)

Rep. Richner moved to amend the bill as follows:

1. Amend page 6, line 17, after "by" by striking out "the prisoner,".

2. Amend page 6, line 18, after "committed" by striking out the comma.

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

______

Rep. Anthony moved that Rep. Prusi be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Reps. Raczkowski and Sanborn moved to amend the bill as follows:

1. Amend page 6, following line 13, following subparagraph (iii), by inserting:

"(iv) WHETHER THE VIOLATION INVOLVED THE DELIVERY OF A CONTROLLED SUBSTANCE TO AN INDIVIDUAL LESS THAN 17 YEARS OF AGE OR POSSESSION WITH INTENT TO DELIVER A CONTROLLED SUBSTANCE TO AN INDIVIDUAL LESS THAN 17 YEARS OF AGE.".

The question being on the adoption of the amendment offered by Reps. Raczkowski and Sanborn,

Rep. Wallace demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Raczkowski and Sanborn,

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

Roll Call No. 723 Yeas--98

Agee Emerson Kaza Prusi

Alley Fitzgerald Kukuk Raczkowski

Anthony Frank LaForge Rhead

Baade Freeman Leland Richner

Baird Gagliardi LeTarte Rison

Bankes Galloway Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Goschka Mathieu Scott

Brewer Green McBryde Scranton

Brown Griffin McManus Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Vaughn

Ciaramitaro Hanley Nye Voorhees

Crissman Harder Olshove Walberg

Cropsey Hood Palamara Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jelinek Price Willard

Dobb Jellema Profit Wojno

Dobronski Johnson

Nays--0

In The Chair: Gire

______

Rep. Geiger entered the House Chambers.

Rep. Gustafson moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Richner.

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

The question being on the adoption of the amendments offered previously by Rep. Richner,

Rep. Richner demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Rep. Richner,

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

Roll Call No. 724 Yeas--49

Alley Geiger Kukuk Profit

Anthony Gernaat LeTarte Raczkowski

Birkholz Gilmer Llewellyn Rhead

Brackenridge Goschka London Richner

Brown Green Mans Rocca

Byl Gustafson McBryde Sanborn

Cassis Hammerstrom McManus Sikkema

Crissman Horton McNutt Voorhees

Dalman Jansen Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald Jellema Nye Willard

Frank Kaza Perricone Wojno

Galloway

Nays--51

Agee Emerson LaForge Rison

Baade Freeman Leland Schauer

Baird Gagliardi Lowe Schermesser

Bankes Gire Martinez Schroer

Bodem Godchaux Mathieu Scott

Brater Gubow Murphy Scranton

Brewer Hale Olshove Stallworth

Cherry Hanley Owen Tesanovich

Ciaramitaro Harder Palamara Thomas

Cropsey Hertel Parks Vaughn

DeHart Hood Price Wallace

Dobb Johnson Prusi Wetters

Dobronski Kelly Quarles

In The Chair: Gire

______

Rep. Kilpatrick entered the House Chambers.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 2, line 1, by striking out all of line 1 through the balance of the bill and inserting:

"Sec. 31a. (1) Beginning October 1, 1992, there is established in the department, a parole board consisting of 10 members who shall be appointed by the director and who shall not be within the state civil service.

(2) Members of the parole board shall be appointed to terms of 4 years each, except that of the members first appointed, 4 shall serve for terms of 4 years each, 3 shall serve for terms of 3 years each, and 3 shall serve for terms of 2 years each. A member may be reappointed. The director may remove a member of the parole board for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office. If a vacancy occurs on the parole board, the director shall make an appointment for the unexpired term in the same manner as an original appointment. At least 4 members of the parole board shall be persons who, at the time of their appointment, have never been employed by or appointed to a position in the department of corrections.

(3) Each member of the parole board shall receive an annual salary as established by the legislature and shall be entitled to necessary traveling expenses incurred in the performance of official duties subject to the standardized travel regulations of the state.

(4) The chairperson of the parole board shall be designated by the director. The chairperson of the parole board is responsible for the administration and operation of the parole board. The chairperson may conduct interviews and participate in the parole decision making process. The chairperson shall select secretaries and other assistants as the chairperson considers to be necessary.

(5) The SUBJECT TO SUBSECTIONS (6) AND (7), THE parole board created in this section shall exist for purposes of appointment and training on October 1, 1992, and as of November 15, 1992, shall exercise and perform the powers and duties prescribed and conferred by this act.

(6) NOTWITHSTANDING ANYTHING ELSE IN THIS ACT, A PRISONER IS NOT ELIGIBLE FOR PAROLE ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, AND THE PAROLE BOARD SHALL NOT GRANT A PAROLE TO ANY PRISONER ON OR AFTER THAT DATE.

(7) THE PAROLE BOARD IS ABOLISHED UPON THE DISCHARGE FROM PAROLE OF ALL PRISONERS RELEASED ON PAROLE UNDER THIS ACT BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.".

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

Rep. Goschka moved to amend the bill as follows:

1. Amend page 11, following line 10, by inserting:

"SEC. 69F. (1) THE DEPARTMENT SHALL PROHIBIT THE SALE, DISTRIBUTION, POSSESSION, AND USE OF TOBACCO PRODUCTS ON THE PREMISES OF A CORRECTIONAL FACILITY.

(2) AS USED IN THIS SECTION, "TOBACCO PRODUCTS" MEANS 1 OR MORE OF THE FOLLOWING:

(A) CIGARS.

(B) CIGARETTES.

(C) CHEWING TOBACCO.

(D) TOBACCO SNUFF.

(E) ANY OTHER PRODUCT SUBSTANTIALLY SIMILAR TO A PRODUCT DESCRIBED IN SUBDIVISIONS (A) TO (D).".

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

Rep. Goschka moved to amend the bill as follows:

1. Amend page 11, following line 10, by inserting:

"SEC. 69C. (1) THE DEPARTMENT SHALL NOT DO EITHER OF THE FOLLOWING:

(A) HIRE OR RETAIN ANY INDIVIDUAL AS AN EMPLOYEE OF THE DEPARTMENT TO PROVIDE HEALTH CARE TO PRISONERS.

(B) BUILD OR MAINTAIN A HEALTH CARE FACILITY FOR USE BY PRISONERS ON THE PREMISES OF A CORRECTIONAL FACILITY.

(2) THIS SECTION DOES NOT PROHIBIT THE DEPARTMENT FROM PROVIDING THE SERVICES OR FACILITIES DESCRIBED IN SUBSECTION (1) BY CONTRACTUAL AGREEMENT WITH A PUBLIC OR PRIVATE HEALTH CARE PROVIDER.".

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

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

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

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

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

______

Rep. DeHart moved that Rep. Schermesser 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. 281, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1994 PA 345 and section 36 as amended by 1996 PA 554.

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

Roll Call No. 725 Yeas--77

Agee Emerson Jelinek Parks

Alley Frank Jellema Price

Baade Freeman Johnson Profit

Baird Gagliardi Kelly Prusi

Bankes Galloway Kilpatrick Quarles

Bodem Gernaat LaForge Rison

Bogardus Gilmer Leland Schauer

Brackenridge Gire LeTarte Schroer

Brater Godchaux Lowe Scott

Brewer Green Mans Scranton

Byl Griffin Martinez Sikkema

Cherry Gubow Mathieu Stallworth

Ciaramitaro Gustafson McManus Thomas

Crissman Hale McNutt Vaughn

Cropsey Hanley Murphy Voorhees

Dalman Harder Nye Walberg

DeHart Hertel Olshove Wallace

DeVuyst Hood Owen Wetters

Dobb Jansen Palamara Whyman

Dobronski

Nays--26

Anthony Goschka McBryde Richner

Birkholz Hammerstrom Middaugh Rocca

Brown Horton Middleton Sanborn

Callahan Kaza Perricone Tesanovich

Cassis Kukuk Raczkowski Willard

Fitzgerald Llewellyn Rhead Wojno

Geiger London

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 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1994 PA 345 and section 36 as amended by 1996 PA 554.

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. Fitzgerald, 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 cannot state strongly enough how harmful the passage of this bill is to the people of Michigan. The drug dealers who will benefit from this bill were properly convicted and sentenced under the law we now reject. The House members who bow to popular pressure and vote yes are making victims of drug traffickers while forgetting the real victims--the tens of thousands of Michiganians addicted to drugs and hurt by crime caused by drug dealing.

Reasoned, constructive, and prospective changes to our drug laws is needed. Indeed, I supported such change last year. This bill is unreasonable, destructive, and retroactive. I therefore vote no, present the strongest possible objection, and only hope that the Senate will reject this bill."

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:

Adults who sell illegal drugs to children should be held accountable for their criminal acts. The final version of this bill, as substituted by the House, gives these criminals serving non-parolable life sentences the opportunity to apply for parole even though they have been convicted of this heinous act.

Many crocodile tears were shed today by liberals on both sides of the aisle for these adult convicts who have preyed so viciously on some of the weakest members of our society. where is the same pity, concern and compassion for the children who have been the victims of these criminal acts?"

Second Reading of Bills

House Bill No. 5752, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending sections 2 and 3 (MCL 41.722 and 41.723), as amended by 1995 PA 139.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Agriculture (for amendment, see House Journal No. 43, p. 951),

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

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

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

Senate Bill No. 726, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7212 (MCL 333.7212), as amended by 1993 PA 25.

The bill was read a second time.

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

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

House Bill No. 4866, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, 8148, and 8152 (MCL 600.821, 600.822, 600.8148, and 600.8152), section 821 as amended by 1996 PA 388, section 822 as amended by 1996 PA 374, and section 8152 as amended by 1990 PA 54.

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

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

Rep. Lowe 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. 5445, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356a, 412, 413, 415, 416, and 535a (MCL 750.356a, 750.412, 750.413, 750.415, 750.416, and 750.535a), section 535a as amended by 1988 PA 140, and by adding sections 535c and 535d.

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

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

Rep. Wallace moved to amend the bill as follows:

1. Amend page 11, line 18, after "than" by striking out "10" and inserting "5".

2. Amend page 11, line 23, by striking out "15" and inserting "10".

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

Rep. Hale 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. 5447, entitled

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 22 (MCL 257.1322), as amended by 1988 PA 254.

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

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

Rep. Hale 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. 5468, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 249, 254, and 303 (MCL 257.249, 257.254, and 257.303[1]), section 249 as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 303 as amended by 1996 PA 587, and by adding section 254a.

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

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

Rep. Hale moved to amend the bill as follows:

1. Amend page 8, line 3, after "than" by striking out "5" and inserting "10".

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

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

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

Senate Bill No. 1026, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 315, 319, and 323 (MCL 257.307, 257.315, 257.319, and 257.323), section 307 as amended by 1996 PA 205, section 319 as amended by 1996 PA 587, and section 323 as amended by 1994 PA 449, and by adding section 50a.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation (for amendments, see House Journal No. 55, p. 1299),

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

Rep. Leland moved to amend the bill as follows:

1. Amend page 1, line 5, by striking out all of section 307 and inserting:

"Sec. 307. (1) An application for an operator's or chauffeur's license shall be made in a manner prescribed by the secretary of state and shall contain all of the following:

(a) For an operator's or chauffeur's license, full name, date of birth, address of residence ADDRESS, height, sex, eye color, and signature of the applicant, and other information required or permitted on the license pursuant to this chapter.

(b) For an operator's or chauffeur's license with a vehicle group designation or indorsement, full name, social security number, date of birth, address of residence ADDRESS, height, sex, and signature of the applicant, and other information required or permitted on the license pursuant to this chapter.

(C) A STATEMENT THAT IF THE PERSON'S RESIDENCE ADDRESS DIFFERS FROM THE PERSON'S RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE CREATED UNDER SECTION 509o OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.509o, THE SECRETARY OF STATE WILL CHANGE THE PERSON'S RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE.

(D) (c) For an operator's or chauffeur's license with a vehicle group designation or indorsement, the following certifications made by the applicant:

(i) That the applicant meets the applicable federal physical driver qualification requirements pursuant to 49 C.F.R. part 391 if the applicant operates or intends to operate in interstate commerce or meets the applicable physical qualifications pursuant to the rules promulgated by the department of state police under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant operates or intends to operate in intrastate commerce.

(ii) That the vehicle in which the applicant will take the driving skills tests is representative of the type of vehicle the applicant operates or intends to operate.

(iii) That the applicant has not been convicted of an offense as described in section 312f or 319b.

(iv) That the applicant does not have a driver's license from more than 1 state.

(E) (d) For an operator's or chauffeur's license with a vehicle group designation or indorsement and for which the applicant claims a waiver of the driving test as provided in section 312f, the following additional certifications made by the applicant concerning the 2-year period immediately before application:

(i) That the applicant has not had more than 1 license.

(ii) That the applicant has not had any license suspended, revoked, or canceled.

(iii) That the applicant has not been convicted of any offense described in section 319b while operating a motor vehicle.

(iv) That the applicant has not been convicted of a moving violation under state or local law relating to motor vehicle traffic control arising in connection with a traffic accident.

(v) That the applicant is regularly employed in a job requiring the operation of a commercial motor vehicle.

(vi) That the applicant qualifies under either of the following:

(A) Has passed a behind-the-wheel driving test given by a state with a commercial motor vehicle driver licensing and testing system and taken in a representative vehicle for that applicant's driver's license vehicle group designation.

(B) Has operated, for at least 2 years immediately preceding application, a vehicle representative of the commercial motor vehicle group or passenger vehicle for which he or she is applying. Evidence shall be provided by the applicant's employer or by the applicant if self-employed.

(2) An applicant for an operator's or chauffeur's license may have his or her image captured or reproduced at the time the application for the license is made. The secretary of state shall acquire by purchase or lease the equipment for capturing the images and may furnish the equipment to a local unit authorized by the secretary of state to license drivers. The secretary of state shall acquire equipment purchased or leased pursuant to this section under standard purchasing procedures of the department of management and budget based on standards and specifications established by the secretary of state. The secretary of state shall not purchase or lease equipment until an appropriation for the equipment has been made by the legislature. An image captured pursuant to this section shall appear on the applicant's operator's or chauffeur's license. The secretary of state may retain and use a person's image described in this subsection only for programs administered by the secretary of state. Except as provided in this subsection, the secretary of state shall not use a person's image unless written permission for that purpose is granted by the person to the secretary of state or specific enabling legislation permitting the use is enacted into law. A law enforcement agency of this state has access to information retained by the secretary of state under this subsection. The information may be utilized for any law enforcement purpose unless otherwise prohibited by law.

(3) An application shall contain a signature and certification by the applicant and shall be accompanied by the proper fee. The examiner shall collect the application fee and shall forward the fee to the secretary of state with the application. The secretary of state shall refund the application fee to the applicant if the license applied for is denied, but shall not refund the fee to an applicant who fails to complete the examination requirements of the secretary of state within 90 days after the date of application for a license. Until January 1, 2002, a service fee of $1.00 shall be added to each fee collected for an original, renewal, duplicate, or corrected operator's or chauffeur's license. The service fee received and collected under this subsection shall be deposited in the state treasury to the credit of the general fund. The service fee shall be used to defray the expenses of the secretary of state. Appropriations from the Michigan transportation fund shall not be used to compensate the secretary of state for costs incurred and services performed under this section.

(4) In conjunction with the issuance of an operator's or chauffeur's license, the secretary of state shall do all of the following:

(a) Provide the applicant with all of the following:

(i) Written information explaining the applicant's right to make an anatomical gift in the event of death in accordance with section 310.

(ii) Written information describing the organ donation registry program maintained by Michigan's federally designated organ procurement organization or its successor organization. The written information required under this subparagraph shall include, in a type size and format that is conspicuous in relation to the surrounding material, the address and telephone number of Michigan's federally designated organ procurement organization or its successor organization, along with an advisory to call Michigan's federally designated organ procurement organization or its successor organization with questions about the organ donor registry program.

(iii) Written information giving the applicant the opportunity to be placed on the organ donation registry described in subparagraph (ii).

(b) Provide the applicant with the opportunity to specify on his or her operator's or chauffeur's license that he or she is willing to make an anatomical gift in the event of death in accordance with section 310.

(c) Inform the applicant in writing that, if he or she indicates to the secretary of state under this section a willingness to have his or her name placed on the organ donor registry described in subdivision (a)(ii), the secretary of state will forward the applicant's name and address to the organ donation registry maintained by Michigan's federally designated organ procurement organization or its successor organization, pursuant to subsection (6).

(5) The secretary of state may fulfill the requirements of subsection (4) by 1 or more of the following methods:

(a) Providing printed material enclosed with a mailed notice for an operator's or chauffeur's license renewal or the issuance of an operator's or chauffeur's license.

(b) Providing printed material to an applicant who personally appears at a secretary of state branch office.

(c) Through electronic information transmittals for operator's and chauffeur's licenses processed by electronic means.

(6) If an applicant indicates a willingness under this section to have his or her name placed on the organ donor registry described in subsection (4)(a)(ii), the secretary of state shall within 10 days forward the applicant's name and address to the organ donor registry maintained by Michigan's federally designated organ procurement organization or its successor organization. The secretary of state may forward information under this subsection by mail or by electronic means. The secretary of state shall not maintain a record of the name or address of an individual who indicates a willingness to have his or her name placed on the organ donor registry after forwarding that information to the organ donor registry under this subsection. Information about an applicant's indication of a willingness to have his or her name placed on the organ donor registry that is obtained by the secretary of state under subsection (4) and forwarded under this subsection is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243.

(7) If an application is received from a person previously licensed in another jurisdiction, the secretary of state shall request a copy of the applicant's driving record and other available information from the other jurisdiction. When received, the driving record and other available information from the other jurisdiction becomes a part of the driver's record in this state with the same force and effect as if it had been entered on the driver's record in this state in the original instance. If the application is for an original, renewal, or change of a vehicle group designation or indorsement, the secretary of state shall also check the applicant's driving record with the national drivers register and the United States department of transportation before issuance of that group designation or indorsement.

(8) Except for a vehicle group designation or indorsement, the secretary of state may issue a renewal operator's or chauffeur's license for 1 additional 4-year period by mail or by other methods prescribed by the secretary of state. The secretary of state shall issue a renewal license only in person when the licensee has a driving record with a conviction or civil infraction determination obtained in the 48 months preceding renewal. However, the secretary of state shall not refuse to issue a renewal license by mail or by other method because of a conviction or civil infraction determination for which fines and costs were waived pursuant to section 901a or section 907. If a license is renewed by mail or by other method, the secretary of state shall issue evidence of renewal to indicate the date the license expires in the future.

(9) Upon request, the secretary of state shall provide an information manual to an applicant explaining how to obtain avehicle group designation or indorsement. The manual shall contain the information required pursuant to 49 C.F.R. part 383.

(10) IF THE PERSON'S RESIDENCE ADDRESS ON THE APPLICATION FOR AN OPERATOR'S OR CHAUFFEUR'S LICENSE DIFFERS FROM THE PERSON'S RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE CREATED UNDER SECTION 509o OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.509o, THE SECRETARY OF STATE SHALL CHANGE THE PERSON'S RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE.".

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

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

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

House Bill No. 5792, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 22.

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

The substitute (H-4) was adopted, a majority of the members serving 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. 5793, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9310, 9311, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9306, 324.9307, 324.9308, 324.9310, 324.9311, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9314; and to repeal acts and parts of acts.

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

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

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

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

______

The Speaker resumed the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. McManus moved that the Committee on Human Services and Children be discharged from further consideration of House Bill No. 5855.

(For first notice see House Journal No. 62, p. 1589.)

The question being on the motion by Rep. McManus,

Rep. McManus demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. McManus,

The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 726 Yeas--49

Bankes Geiger Johnson Nye

Birkholz Gernaat Kaza Perricone

Bodem Gilmer Kukuk Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Goschka Llewellyn Richner

Cassis Green London Rocca

Crissman Gustafson Lowe Sanborn

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McManus Sikkema

DeVuyst Jansen McNutt Voorhees

Dobb Jelinek Middaugh Walberg

Fitzgerald Jellema Middleton Whyman

Galloway

Nays--49

Agee Dobronski Kelly Quarles

Alley Emerson Kilpatrick Rison

Anthony Frank LaForge Schroer

Baade Freeman Leland Scott

Baird Gagliardi Mans Stallworth

Bogardus Gire Martinez Tesanovich

Brater Gubow Murphy Thomas

Brewer Hale Olshove Vaughn

Brown Hanley Owen Wallace

Callahan Harder Parks Wetters

Cherry Hertel Price Willard

Ciaramitaro Hood Profit Wojno

DeHart

In The Chair: Hertel

Rep. Bobier entered the House Chambers.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Joint Resolution R.

Rep. Nye

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Brater, LaForge, Dobronski, Schroer, Griffin, Palamara, Mans, Wojno, Gilmer, Freeman, Bodem, Scott, Anthony,Profit, Hanley, Baird, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Llewellyn, Vaughn, Murphy, Thomas, Dobb, Dalman, Birkholz, Bankes and Gubow offered the following resolution:

House Resolution No. 332.

A resolution honoring Mary Zeigler upon the occasion of her retirement.

Whereas, It is with great appreciation for her talents and professionalism that the members of this legislative body commend Mary Zeigler upon the occasion her retirement. Mary Zeigler has been a part of the Government Relations Department at the University of Michigan since 1977. During that time she has worked with hundreds of legislators and legislative staff. Mary's role as a Government Relations Assistant has included a myriad of functions, but the common element in all she has done is helping others solve problems. She has helped countless students and parents to resolve difficulties and achieve their goals in the University system; and

Whereas, Mary has developed a huge network throughout the University that she calls upon to obtain information and help with various problems. The knowledge she possesses and the network of contacts she has established that enable her to quickly resolve so many different problems will be impossible to replace. Mary has played a very special and unique role at the University of Michigan and has been a significant and irreplaceable resource to the Government Relations Department. Her skills and knowledge will be sorely missed; and

Whereas, Mary can now look forward to a well deserved retirement and more free time with her husband Charles and daughter Julie; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor Mary Zeigler as she retires from the University of Michigan after many years of dedicated service. May she know of our admiration and warmest wishes; and be it further

Resolved, That a copy of this resolution be transmitted to Mary as a symbol of our respect.

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. Brater, LaForge, Dobronski, Schroer, Palamara, Wojno, Freeman, Bodem, Scott, Anthony, Profit, Hanley, Baird, Willard, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Llewellyn, Vaughn, Murphy, Thomas, Hood, Dobb, Dalman, Birkholz, Bankes and Gubow offered the following resolution:

House Resolution No. 333.

A resolution of tribute as a memorial for Marjorie Lansing.

Whereas, Marjorie Lansing was born on April 2, 1916 in Geneva, Florida, and grew up in a large extended family of cattle ranchers. Her family made many sacrifices to enable her to attend Florida State College for Women during the depression. Her strong interest in education and human rights led her to Columbia where she completed a master's degree in sociology in one year. She moved to Washington and became a Research Investigator for the Kilgore Committee, an important Subcommittee of the Judiciary of the United States Senate. Later, she traveled as a field consultant for the National Federation of Business and Professional Women; and

Whereas, She met John Lansing in Washington, they married after the war and honeymooned on Cape Cod. They lived for a time in Cambridge, Massachusetts, where she devoted herself to politics. In 1949, they moved to Ann Arbor and became a part of the group of scholars linked to the Institute for Social Research. While raising three children, Steve, Carol, and Philip, she entered into politics. She played a leadership role in the Washtenaw County Democratic Party for many years and served as a Kennedy delegate at the Democratic National Convention in 1960; and

Whereas, Marjorie completed her Ph.D. in Political Science at the University where her dissertation examined the voting behavior of American women and introduced the term and concept of "gender gap" to our political discourse. The dissertation was published as a book, Women andPolitics: The Invisible Majority, in 1980 which documented women's independence in voting. She worked part-time as a lecturer in the Political Science Department at Eastern Michigan University and rose to become a full professor and department chair. Her teaching was legendary for her energy and enthusiasm for political activism and she participated actively in scholarly meetings in the United States and abroad. After retiring from Eastern Michigan University, Marjorie accepted a visiting professorship at the University of Southern California; and

Whereas, Marjorie had a passion for adventurous travel, including a trip to Europe and Soviet Russia in the 1930s and a ten week overland journey from London to Bombay in 1967; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor Marjorie Lansing, a woman who had a profound impact on her community, and convey to her family our deepest condolences.

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. Brater, LaForge, Dobronski, Schroer, Palamara, Jellema, Wojno, Freeman, Bodem, Scranton, Scott, Anthony, Profit, Hanley, Baade, Baird, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Llewellyn, Vaughn, Murphy, Thomas, Schauer, Hood, Dobb, Birkholz, Rocca, Bankes and Gubow offered the following resolution:

House Resolution No. 334.

A resolution proclaiming July 1998, as Filipino-American Heritage Month and July 4, as Philippines-Michigan Friendship Day in the State of Michigan.

Whereas, The year 1998 marks the centennial year of the Philippines-U.S. relationship. In 1898, the United States, under the Treaty of Paris, received rights to the Spanish territories which included the Philippines. Six months prior to this, on June 12, 1898, the Philippines declared its independence from Spain and established the first democratic republic in Asia; and

Whereas, It was on July 4, 1946, that the Philippines gained its independence from the protection of the United States, and July 4 is now recognized as U.S.-Philippines Friendship Day; and

Whereas, Michigan political leaders have been influential in the political and socio-cultural development of the Philippines and her people. The last Governor General of the Philippines and its first High Commissioner during its Commonwealth period was Frank Murphy. He later became Governor of Michigan, was instrumental in the empowerment of Filipino women through the right of suffrage and was instrumental in guiding the country to its independence in 1946. Other Michigan citizens played important roles in defining the relationship of the Philippines and the United States through their service as ambassadors and diplomats; and

Whereas, Michigan and the Philippines further cemented their relationship through the common service of their soldiers, who fought together as allies in defense of democracy in World War II; and

Whereas, The State of Michigan has played a vital role in the development of the Philippines through the University of Michigan and other training institutions in Michigan. Today, the University of Michigan Library system and the Michigan Historical Collections contain vast collections of cultural, anthropological and historical artifacts regarding the Philippines; and

Whereas, The University of Michigan and other educational institutions in Michigan have been major educational and training centers for scholars, academicians, and current and future leaders of the Philippines most notably in law, political science, medicine, public health, engineering, business, the humanities and social and physical sciences. Faculty members and administrators from Michigan's colleges and universities helped to establish and have taught at institutions of higher learning in the Philippines; and

Whereas, As part of continuing relations between the United States and the Philippines, the Peace Corps program has assigned many volunteers from Michigan to the Philippines from 1960 to the present. These Peace Corps workers have contributed to the social, educational and economic development of the Philippines and upon returning to Michigan, they have been active in promoting Philippine heritage and culture in their own families and communities and through their involvement in causes which affect the interests of both countries; and

Whereas, The Filipino-American community is one of the fastest growing ethnic communities in the State of Michigan. It consists of professionals, business people, civic minded citizens and their children, education, public service, the health professions, engineering, research and other valued professions; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body proclaim July 1998 as Filipino-American Heritage Month and July 4 as Philippines-Michigan Friendship Day in the State of Michigan.

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. Brater, LaForge, Dobronski, Schroer, Griffin, Palamara, Mathieu, Wojno, Gilmer, Freeman, Bodem, Scott, Anthony, Profit, Hanley, Baird, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Brackenridge, Llewellyn, Vaughn, Murphy, Thomas, Hood, Dobb, Dalman, Goschka, Birkholz, Bankes and Gubow offered the following resolution:

House Resolution No. 335.

A resolution honoring Keith Molin upon the occasion of his retirement.

Whereas, Keith Molin has been a part of the University of Michigan community since 1979. During this time, Keith has served with the Replacement Hospital Project and as Director of Communications, and Associate Vice President for Government Relations. In the Spring of 1996, Keith was named Senior Associate Director of Athletics; and

Whereas, Prior to his coming to the University of Michigan, Keith Molin served as an executive assistant to Governor William Milliken from September 1971 to October 1973. Keith's job was to serve as a liaison for the Governor between the nineteen state departments and the Michigan Legislature for development and enactment of the Governor's legislative priorities; and

Whereas, In January 1975, Governor Milliken appointed Keith Molin Director of the Michigan Department of Labor and in December of 1977, as Director of the Michigan Department of Commerce; and

Whereas, Coming to the University of Michigan in February 1979, Keith was retained as Associate Director of Major Gifts. His responsibility was to plan, coordinate and direct fund-raising efforts for gifts exceeding $1 million; and

Whereas, In 1983, Mr. Molin was named Assistant to the Vice President for Government Affairs and Director of Capital Projects. Subsequently promoted to Associate Vice President in 1990, his responsibility was to secure state assistance for the approval, planning, financing and construction of university capital outlay projects; and

Whereas, In his current position as Special Assistant to the Director of Athletics, Keith Molin assists the Director in a variety of initiatives designed to create both an understanding of the role of intercollegiate athletics in the community and support of the initiatives necessary to develop that role; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor Keith Molin as he retires from the University of Michigan after many years of dedicated service. May he know of our admiration and warmest wishes; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Molin as evidence of our esteem for his fine work.

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. Brater, LaForge, Dobronski, Schroer, Palamara, Wojno, Freeman, Bodem, Scott, Anthony, Profit, Hanley, Baird, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Llewellyn, Vaughn, Murphy, Thomas, Dobb, Dalman, Birkholz, Bankes and Gubow offered the following resolution:

House Resolution No. 336.

A resolution honoring Dr. Alice Roelofs upon the occasion of her retirement.

Whereas, Dr. Alice Roelofs has been an activist for peace, equality and human rights since childhood, she now plans for a well-deserved retirement; and

Whereas, Dr. Roelofs founded Adult Learning Systems (ALS), a behavioral health services corporation, seventeen years ago and has served as its President and CEO from the beginning. Crediting the success of the organization to its people and supporters, ALS started out with three employees and expanded to 600, never losing sight of local programs. Dr. Roelofs developed the first Whole Life Program for the state of Michigan in 1980 and was one of the first persons advocating for a least restrictive environment for people with disabilities, the principle upon which she founded her corporation; and

Whereas, Having worked with the Board of Directors of ALS for more than five years, Dr. Roelofs will continue with ALS as a consultant and continue to conduct surveys nationwide for the Commission for Rehabilitation Services; and

Whereas, Dr. Roelofs will continue to fight for human rights wherever the opportunity presents itself. Currently a member of the Southern Poverty Law Center, National Organization for Women and Amnesty International, Alice Roelofs will continue her work with them as well as volunteering for the Ramsey Clark International Action Center; and

Whereas, Dr. Roelofs has two children, Eric and Alexis, two grandchildren and two step-children. She enjoys writing, travel, language, different cultures and original art, amassing an extensive collection of women's art; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor Dr. Alice Roelofs as she retires from the Adult Learning Systems after many years of dedicated service. May she know of our admiration and warmest wishes; and be it further

Resolved, That a copy of this resolution be transmitted to Dr. Roelofs as a symbol of our esteem for her fine work.

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. Thomas, Scott, Wallace, Parks, Kilpatrick, Hale, Leland, Stallworth, Vaughn, Murphy, LaForge, Dobronski, Schroer, Palamara, Gernaat, Voorhees, DeVuyst, Jellema, Mathieu, Wojno, Gilmer, Freeman, Middaugh, Bodem, Scranton, Jansen, Anthony, Profit, Callahan, Hanley, Baade, Martinez, Baird, McBryde, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Hammerstrom, Brackenridge, Perricone, Llewellyn, Gagliardi, Brater, Schauer, Hood, Dobb, Dalman, Goschka, Byl, Birkholz, Rocca, Bankes, Raczkowski and Gubow offered the following resolution:

House Resolution No. 337.

A resolution recognizing June 26, 1998 as Senior Power Day.

Whereas, On June 26, 1998, senior citizens throughout the city of Detroit will gather at Belle Isle to take part in Senior Power Day. This impressive event is held each year in Detroit to bring seniors and legislators together to discuss the issues that have the most critical impact on the lives of Michigan's senior citizens. It is a day when senior advocacy and senior power are most visible in Detroit, and shows our most mature citizens that they can have a direct impact on the quality of their lives; and

Whereas, Senior Power Day , formerly the Senior Town Hall Meeting, has become a tradition in Detroit with hundreds of seniors attending. Seniors can share their concerns, see informative exhibits, and gather as a powerful network to help shape the laws that will make a critical difference in how they can live their lives; and

Whereas, Senior's can learn about issues including medical care, housing, transportation, nursing homes, employment and the finances to meet everyday's needs. Senior Power Day is a focal point for legislators and seniors to gain a better understanding of one another and how they can help each other to enhance senior living in Michigan. Seniors have taken charge of their own lives and shown the Michigan Legislature and, indeed the world, that their intelligence, resourcefulness, ideas, and wealth of experiences can and must be utilized. The results can be seen in every community in Michigan, where senior power has contributed to the welfare not only of seniors, but of the communities in which they live. We celebrate this fact and look forward to an exciting, thought-provoking, and successful Senior Power Day 1998; now, therefore, be it

Resolved by the House of Representatives, That June 26, 1998 be highly commemorated as Senior Power Day; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of this event as a symbolic gesture of the esteem we have for all of Michigan's seniors.

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. Bobier, Sikkema, LaForge, McNutt, Dobronski, Kaza, Schroer, Griffin, Palamara, Gernaat, Voorhees, DeVuyst, Jellema, Mathieu, Harder, Gilmer, Freeman, Middaugh, Bodem, Jansen, Scott, Anthony, Profit, Callahan, Hanley, Baade, Martinez, Baird, Willard, McBryde, Parks, Hale, Bogardus, DeHart, Kelly, Tesanovich, Cherry, Hammerstrom, Brackenridge, Perricone, Llewellyn, Gagliardi, Vaughn, Murphy, Thomas, Walberg, Horton, Crissman, Galloway, Rhead, Green, Brater, Dobb, Dalman, Goschka, Byl, Birkholz, Rocca, Bankes, Raczkowski and Gubow offered the following resolution:

House Resolution No. 338.

A resolution offered as a memorial to the life of Richard Jameson.

Whereas, It is with great respect for his life of contributions to the state of Michigan, and with deep condolences to his beloved family that we offer this resolution to honor the life Mr. Richard Jameson; and

Whereas, Richard Jameson, as executive director of the Michigan United Conservation Clubs since 1996, led the nearly 120,000 member organization, the nations largest state conservation group and the largest state affiliate of the National Wildlife Federation. Mr. Jameson was a member of the MUCC staff for a total of thirteen years beginning in 1976 where as special projects coordinator, he spearheaded the effort to win passage of Michigan's trail-blazing beverage container deposit law; and

Whereas, An Oklahoma native, Rick returned to Michigan as assistant executive director of MUCC in 1988 after an eight year stint as head of the Oklahoma Wildlife Federation. Upon his return to Michigan, he was in charge of the organization's work with the Michigan Legislature in obtaining passage of important legislation including measures to protect Great Lakes shoreline dunes and to guarantee funding for Michigan State Parks; and

Whereas, Most recently, as executive director of MUCC, Rick coordinated the successful statewide campaign in 1996 to assure that Michigan game animals will be managed on the basis of sound biological science, not on political whim. He also worked with several organizations and individuals in helping reform the state's methods of conducting business with the petroleum research industry. Rick was instrumental in helping shepherd significant amendments to Michigan resource management law, but his greatest legacy will be that he made life better for all Michigan citizens that consider themselves conservationists; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor the life and many contributions of Mr. Richard Jameson. His wife, Robbie, daughter, Christina, the Michigan Legislature and Michigan United Conservation Club members will miss him dearly; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Richard Jameson as a symbol of our sincerest condolences.

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, Galloway, Scranton, Raczkowski and Hammerstrom offered the following resolution:

House Resolution No. 340.

A resolution to urge Michigan Attorney General Frank Kelley and the United States Justice Department to withdraw the anti-trust lawsuit against Microsoft Corporation.

Whereas, The computer industry is one of the most dynamic, fast-moving and competitive industries in history. It has created tremendous wealth, jobs, and economic benefits for those engaged in it directly, for other industries which have benefited from digital technology, for citizens, and for the economy in general; and

Whereas, Throughout history, no monopoly except for those monopolies that have been protected by the actions of government has survived for more than a short period of time before competitors and customers found ways to circumvent the monopolist's power; and

Whereas, The history of federal anti-trust litigation is characterized by legal actions that drag on for years before coming to a resolution, while the computer history is characterized by a product life cycle measured in months. Given the glacial pace of federal anti-trust action based on laws passed in the 1890s and the electron-fast development in the computer industry of the 1990s, it is likely that by the time any lawsuit involving the industry works its way through the courts new technology will have made obsolete the supposedly monopolistic practices being litigated; and

Whereas, The lawsuit brought by Michigan Attorney General Frank Kelley and the United States Justice Department against computer software maker Microsoft Corporation is likely to cause great uncertainty in the computer industry. The uncertainty will slow development and cause significant market distortions as companies, individual investors, and computer users are forced to make plans based on unpredictable legal outcomes instead of on sound financial and technological reasons; and

Whereas, Due to this potential slowdown in the rate of growth of digital technology, the economic expansion that has been driven in part by technological innovation could be jeopardized, thereby threatening the economic well-being of all citizens, not just those involved in the computer hardware and software industry; and

Whereas, Due to these potential unintended consequences, the danger of Michigan Attorney General Frank Kelley and the United States Justice Department proceeding with an anti-trust action against Microsoft is far greater than any possible benefits of breaking up what is likely to be a very temporary market advantage enjoyed by Microsoft Corporation, if indeed any actual advantage does exist; now, therefore, be it

Resolved by the House of Representatives, That we urge Michigan Attorney General Frank Kelley and the United States Department of Justice to desist from further interference in the orderly development of the computer hardware and software industry by deferring further legal action against software maker Microsoft Corporation; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Michigan Attorney General and to the United States Department of Justice.

The resolution was referred to the Committee on Judiciary.

Rep. Gire offered the following resolution:

House Resolution No. 341.

A resolution offered as a memorial to the life of Phillip E. Runkel.

Whereas, It is with heartfelt sympathy that the members of the Michigan Legislature offer this resolution as a memorial to the exemplary life of Phillip E. Runkel. For six years, Phillip was the State Superintendent of Public Instruction for the state of Michigan. Phil Runkel was an excellent superintendent, educator, child advocate, a devoted family man, dear friend, and model citizen. All who knew him were saddened by his death; and

Whereas, Phillip Runkel was considered one of the most inspiring educational leaders in modern Michigan history. Phil was not afraid to fight the impending battles over funding, reform and assessment for the children of the public schools system. Generations of young people benefitted from his leadership and guidance; and

Whereas, Phillip Runkel's dedication and commitment to his profession and to children led him to leadership in such organizations as the American Association of School Administrators, American Student Teachers' Association, Council of Chief State School Officers, Education Commission of the States, Michigan Education Council, Macomb County Association of School Administrators and the Superintendents' Association, plus many others. Awards he received paid homage to his effectiveness, integrity, and sincere goodwill that benefitted everyone. In 1982, Phil was honored with the Presidential Award from the Michigan Community School Education Association, the Distinguished Educator Award from Wayne State University, and the Distinguished Service Award from Michigan Congress of Parents, Teachers and Students, and in 1983, he received the Distinguished Alumni Award from Michigan State University. These are only a few of the many honors bestowed upon Phillip Runkel, yet for Phillip, the real award came from helping the children and school systems; and

Whereas, Committed not only to his career, he was equally devoted as husband, father, grandfather, and great grandfather. He always ensured that his family came first in his life. Phil was able to teach them to always look for the best everyone had to offer. He had an amazing gift of bringing people together who would otherwise never have spoken for the betterment of the community; and

Whereas, The life of Phillip E. Runkel is a study in the power of hard work, dedication, and commitment to his career, his family, and his state. We are clearly grateful for his achievements which will continue to help Michigan in the future. May his family know of our respect for all that he accomplished; now, therefore, be it

Resolved by the House of Representatives, That these words of praise be offered in memory of the life of Phillip E. Runkel; and be it further

Resolved, That a copy of this resolution be transmitted to the Runkel family as evidence of our highest esteem and sincere condolences.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reports of Standing Committees

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4959, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5a, 8a, 44a, 258, 319, 319b, 625, 625b, and 625m (MCL 257.5a, 257.8a, 257.44a, 257.258, 257.319, 257.319b, 257.625, 257.625b, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 319 as amended by 1996 PA 587, section 319b as amended by 1996 PA 404, sections 625 and 625m as amended by 1996 PA 491, and section 625b as amended by 1994 PA 450, and by adding sections 23b and 204b.

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

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

Favorable Roll Call

HB 4959 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4960, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 321a, 625a, 625i, and 625n (MCL 257.303, 257.321a, 257.625a, 257.625i, and 257.625n), section 303 as amended by 1996 PA 587, sections 321a and 625i as amended by 1996 PA 493, and section 625a as amended and section 625n as added by 1996 PA 491, and by adding sections 904c, 904d, 904e, 904f, 904g, and 915.

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

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

Favorable Roll Call

HB 4960 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4961, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 219, 233, 732, and 904 (MCL 257.217, 257.219, 257.233, 257.732, and 257.904), section 217 as amended by 1996 PA 59, section 219 as amended by 1985 PA 67, section 233 as amended by 1980 PA 398, section 732 as amended by 1996 PA 493, and section 904 as amended by 1994 PA 450; and to repeal acts and parts of acts.

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 4961 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5938 To Report Out:

Yeas: Reps. Wallace, Freeman, Kilpatrick, Schauer, Nye, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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.

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 5951 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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.

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

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

Favorable Roll Call

HB 5952 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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.

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 5953 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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).

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 5954 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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).

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 5955 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

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.

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 5956 To Report Out:

Yeas: Reps. Wallace, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 23, 1998, at 9:00 a.m.,

Present: Reps. Wallace, Baird, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Absent: Reps. Curtis, Wojno,

Excused: Reps. Curtis, Wojno.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Tuesday, June 23, 1998, at 2:30 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,

Absent: Rep. Varga,

Excused: Rep. Varga.

Notices

June 24, 1998

Dear Madam Clerk:

Effective immediately, I am hereby removing Representative Vera Rison from the House Appropriations Conference Committee on Corrections, Senate Bill No. 909, and replacing her with Representative Tom Kelly.

If you have any questions, feel free to contact my office.

Sincerely,

Curtis Hertel

Speaker of the House

Public Hearing

Committee on Labor and Occupational Safety

Date: Monday, June 29, 1998

Time: 10:00 a.m.

Place: Detroit City-County Building, 2 Woodward Avenue, 13th Floor Auditorium, Detroit, Michigan

Rep. Murphy

Chair

Agenda: Michigan Occupational Health and Safety Agency regarding worker safety

and any/or all business properly before the committee

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 23, for his approval of the following bills:

Enrolled House Bill No. 5114 at 9:53 a.m.

Enrolled House Bill No. 5499 at 9:55 a.m.

Enrolled House Bill No. 5500 at 9:57 a.m.

Communications from State Officers

The following communication from the Office of Drug Control Policy was received and read:

June 11, 1998

I am pleased to transmit the grant application from the Office of Drug Control Policy to the U.S. Department of Justice, Bureau of Justice Assistance under the Local Law Enforcement Block Grant Program to request $1,801,654.00 for state and local law enforcement programs.

Sincerely,

Darnell Jackson, Director

Office of Drug Control Policy

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

June 18, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

Request for Proposal for the

Southeast Michigan

Comprehensive Health Care Program

Department of Community Health and

Department of Management and Budget

June 1998

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Ethics.

The following communication from the Northeast Michigan Consortium was received and read:

June 24, 1998

The Workforce Development Board of Northeast Michigan Consortium has revised the final Title III (EDWAAA) plan for program year 1998.

A copy of the Plan is available at Michigan Works! Northeast Consortium, 20709 State Street, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

Sincerely,

Terry L. Basel

Program Coordinator

The communication was referred to the Clerk.

Introduction of Bills

Reps. Perricone and Alley introduced

House Bill No. 5966, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 15b (MCL 247.665b), as added by 1997 PA 79.

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

Rep. Profit introduced

House Bill No. 5967, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

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

Rep. Profit introduced

House Bill No. 5968, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1997 PA 194.

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

Rep. Profit introduced

House Bill No. 5969, 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 bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Mathieu moved that the House adjourn.

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

The Speaker declared the House adjourned until Thursday, June 25, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.