hj12098t.082

No. 82

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, December 9, 1998.

10:00 a.m.

The House was called to order by Acting Speaker Hanley.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--e/d/s

Brewer--e/d/s

Brown--present

Byl--present

Callahan--present

Cassis--e/d/s

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--e/d/s

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--absent

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Horton--present

Jansen--present

Jelinek--present

Jellema--e/d/s

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--e/d/s

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--excused

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--e/d/s

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Dr. Glenn Verbrugge, Associate Pastor of the Cadillac Christian Reformed Church in Cadillac, offered the following invocation:

"Let us pray. Our God in heaven, ruler of all nations, we pause this morning to acknowledge Your presence with us. We thank you for the many freedoms we enjoy in this land. We thank you for the beauty and the abundant resources of our State of Michigan. And I thank you for the men and women gathered here in their commitment and dedication to serve the people of Michigan. I pray that You will give them wisdom in their deliberations today. That they find the perfect blend of justice and compassion and fairness to all in the decisions that are made. We pray these things in Your name. Amen."

______

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

The motion prevailed.

Notices

December 9, 1998

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

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 4738, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1993 PA 300, and by adding sections 1d, 1e, and 4c.

(The conference report was reported by the conference committee on December 8, rules suspended and bill postponed temporarily.)

(For conference report, see House Journal No. 81, p. 2525.)

The question being on the adoption of the conference report,

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

Roll Call No. 1054 Yeas--75

Agee Emerson Kukuk Price

Alley Fitzgerald Law Profit

Baade Frank Leland Prusi

Bankes Freeman LeTarte Quarles

Basham Gagliardi Llewellyn Rhead

Bobier Galloway London Rison

Bodem Gernaat Lowe Schauer

Bogardus Gilmer Mans Schermesser

Brackenridge Goschka Mathieu Sikkema

Brown Gustafson McBryde Stallworth

Callahan Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Crissman Hanley Middaugh Vaughn

Cropsey Harder Middleton Voorhees

Curtis Horton Olshove Walberg

Dalman Jelinek Owen Wetters

DeHart Johnson Oxender Whyman

Dobb Kelly Parks Wojno

Dobronski Kilpatrick Perricone

Nays--10

Anthony Gubow Martinez Schroer

Baird Kaza Nye Willard

Gire LaForge

In The Chair: Hanley

______

Rep. Brater entered the House Chambers.

The Speaker laid before the House the conference report relative to

House Bill No. 4740, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 13 and 14 (MCL 445.1573 and 445.1574).

(The conference report was reported by the conference committee on December 8, rules suspended and bill postponed temporarily.)

(For conference report, see House Journal No. 81, p. 2528.)

The question being on the adoption of the conference report,

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

Roll Call No. 1055 Yeas--75

Agee Dobronski Kukuk Prusi

Alley Fitzgerald Law Quarles

Baade Frank Leland Rhead

Bankes Freeman LeTarte Sanborn

Basham Gagliardi Llewellyn Schauer

Birkholz Galloway London Schermesser

Bobier Gernaat Lowe Schroer

Bodem Gilmer Mans Sikkema

Bogardus Gire Mathieu Stallworth

Brackenridge Goschka McBryde Tesanovich

Brater Gustafson McManus Thomas

Brown Hale McNutt Varga

Callahan Hammerstrom Middaugh Voorhees

Cherry Hanley Middleton Walberg

Cropsey Harder Olshove Wetters

Curtis Horton Oxender Whyman

Dalman Johnson Parks Willard

DeHart Kelly Price Wojno

Dobb Kilpatrick Profit

Nays--9

Anthony Gubow LaForge Nye

Baird Kaza Martinez Vaughn

Ciaramitaro

In The Chair: Hanley

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 1055 because of a possible conflict of interest because of my financial interest in an automobile dealership."

Rep. Geiger entered the House Chambers.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4886, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204a.

(The bill was received from the Senate on December 1, with substitute (S-2) and full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 78, p. 2416.)

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

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

Roll Call No. 1056 Yeas--88

Agee Dobronski Kilpatrick Price

Alley Emerson Kukuk Profit

Anthony Fitzgerald LaForge Prusi

Baade Frank Law Quarles

Baird Freeman Leland Rhead

Bankes Gagliardi LeTarte Richner

Basham Galloway Llewellyn Sanborn

Bobier Geiger London Schauer

Bodem Gernaat Lowe Schermesser

Bogardus Gilmer Mans Schroer

Brackenridge Gire Martinez Sikkema

Brater Goschka Mathieu Stallworth

Brown Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cherry Hale McNutt Varga

Ciaramitaro Hammerstrom Middaugh Vaughn

Crissman Hanley Middleton Voorhees

Cropsey Harder Nye Walberg

Curtis Horton Olshove Wetters

Dalman Johnson Owen Whyman

DeHart Kaza Oxender Willard

Dobb Kelly Parks Wojno

Nays--0

In The Chair: Hanley

The House agreed to the full title.

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

______

Reps. Jellema and Cassis entered the House Chambers.

The Speaker laid before the House

House Bill No. 5000, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending the title and sections 1, 3, 6, and 8 (MCL 257.1401, 257.1403, 257.1406 and 257.1408).

(The bill was received from the Senate on December 1, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 78, p. 2416.)

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

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

Roll Call No. 1057 Yeas--86

Agee Dobb Kilpatrick Parks

Alley Dobronski Kukuk Price

Anthony Fitzgerald LaForge Profit

Baade Frank Law Prusi

Baird Freeman Leland Quarles

Bankes Gagliardi LeTarte Sanborn

Basham Galloway Llewellyn Schauer

Bobier Gernaat London Schermesser

Bodem Gilmer Lowe Schroer

Bogardus Gire Mans Sikkema

Brackenridge Goschka Martinez Stallworth

Brater Gubow Mathieu Tesanovich

Brown Gustafson McBryde Thomas

Callahan Hale McManus Varga

Cassis Hammerstrom McNutt Vaughn

Cherry Hanley Middaugh Voorhees

Ciaramitaro Harder Middleton Walberg

Crissman Horton Nye Wetters

Cropsey Jellema Olshove Whyman

Curtis Johnson Owen Willard

Dalman Kaza Oxender Wojno

DeHart Kelly

Nays--0

In The Chair: Hanley

The House agreed to the title as amended.

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

______

Rep. Voorhees moved that Rep. Cassis be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5006, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," by amending section 204 (MCL 4.1204).

(The bill was received from the Senate on December 1, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 78, p. 2416 .)

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

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

Roll Call No. 1058 Yeas--80

Agee Dobb Kilpatrick Parks

Alley Dobronski Kukuk Price

Anthony Frank LaForge Profit

Baade Freeman Law Prusi

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Sanborn

Basham Gernaat London Schauer

Bobier Gilmer Lowe Schermesser

Bodem Gire Mans Schroer

Bogardus Goschka Martinez Sikkema

Brackenridge Gubow Mathieu Stallworth

Brater Gustafson McBryde Tesanovich

Brown Hale McManus Thomas

Callahan Hammerstrom McNutt Varga

Cherry Hanley Middaugh Vaughn

Crissman Harder Middleton Voorhees

Cropsey Horton Nye Walberg

Curtis Johnson Olshove Whyman

Dalman Kaza Owen Willard

DeHart Kelly Oxender Wojno

Nays--0

In The Chair: Hanley

The House agreed to the full title.

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

______

Rep. Brackenridge moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4742, entitled

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

(The bill was received from the Senate on December 3, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 8; amendments offered and postponed temporarily, see House Journal No. 81, p. 2519.)

The question being on the adoption of the amendments to the Senate substitute (S-2) offered previously by Rep. McNutt,

Rep. McNutt withdrew the amendments.

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

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

Roll Call No. 1059 Yeas--74

Alley Gagliardi Law Price

Anthony Galloway Leland Profit

Baade Gernaat LeTarte Prusi

Baird Gilmer Llewellyn Quarles

Bobier Gire London Rhead

Bodem Goschka Lowe Rocca

Brackenridge Gubow Mans Sanborn

Brater Gustafson Mathieu Schauer

Brown Hale McBryde Schroer

Cherry Hammerstrom McManus Sikkema

Crissman Hanley McNutt Stallworth

Cropsey Harder Middaugh Tesanovich

Curtis Hertel Middleton Thomas

Dalman Horton Nye Vaughn

DeHart Johnson Olshove Voorhees

Dobb Kaza Owen Wetters

Dobronski Kelly Oxender Whyman

Fitzgerald Kukuk Parks Willard

Frank LaForge

Nays--9

Agee Ciaramitaro Kilpatrick Schermesser

Bogardus Freeman Martinez Wojno

Callahan

In The Chair: Hanley

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5053, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1997 PA 193.

(The bill was received from the Senate on December 3, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 8, see House Journal No. 80, p. 2494.)

The question being on concurring in the adoption of the substitute (S-3) made to the bill by the Senate,

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

Roll Call No. 1060 Yeas--74

Alley Fitzgerald LaForge Price

Anthony Frank Law Profit

Baade Gagliardi Leland Prusi

Baird Galloway LeTarte Quarles

Bankes Gernaat Llewellyn Rhead

Basham Gilmer London Rison

Bobier Gire Lowe Rocca

Bodem Goschka Mans Sanborn

Brackenridge Gubow Mathieu Schauer

Brater Gustafson McBryde Sikkema

Brown Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Crissman Hanley Middaugh Vaughn

Cropsey Harder Middleton Voorhees

Curtis Horton Nye Walberg

Dalman Johnson Olshove Wetters

DeHart Kaza Owen Whyman

Dobb Kelly Oxender Willard

Dobronski Kukuk

Nays--11

Agee Ciaramitaro Kilpatrick Stallworth

Bogardus Emerson Martinez Wojno

Callahan Freeman Schermesser

In The Chair: Hanley

The House agreed to the title as amended.

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

Rep. Bodem moved that Rep. Dalman be excused temporarily from today's session.

The motion prevailed.

Rep. Palamara entered the House Chambers.

The Speaker laid before the House

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.

(The bill was received from the Senate on December 3, with amendments and full title inserted, consideration of which, under the rules, was postponed until December 8, see House Journal No. 80, p. 2495.)

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

Reps. Nye and McNutt moved to amend the Senate amendments as follows:

1. Amend Senate Amendment No. 2, page 2, line 14, after "CARELESS" by striking out the comma and "RECKLESS,".

2. Amend Senate Amendment No. 3, page 2, line 20, after "(2)" by inserting:

"A PERSON WHO, BY THE OPERATION OF A SNOWMOBILE IN A CARELESS AND HEEDLESS MANNER IN WILLFUL AND WANTON DISREGARD OF THE RIGHTS OR SAFETY OF OTHERS, OR WITHOUT DUE CAUTION AND CIRCUMSPECTION AND AT A SPEED OR IN A MANNER SO AS TO ENDANGER OR BE LIKELY TO ENDANGER ANY PERSON OR PROPERTY, CAUSES THE SERIOUS IMPAIRMENT OF BODILY FUNCTION, BUT DOES NOT CAUSE THE DEATH OF ANOTHER, IS GUILTY OF THE OFFENSE OF FELONIOUS OPERATION, AND SHALL BE IMPRISONED FOR NOT MORE THAN 2 YEARS OR FINED NOT MORE THAN $2,000.00, OR BOTH.

(3)" and renumbering the remaining subsection.

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

The question being on concurring in the Senate amendments, as amended,

The Senate amendments, as amended, were concurred in, a majority of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 1061 Yeas--79

Agee Fitzgerald Law Profit

Alley Frank Leland Prusi

Anthony Freeman LeTarte Quarles

Baade Gagliardi Llewellyn Rhead

Baird Galloway Lowe Rison

Bankes Gernaat Mans Rocca

Basham Gilmer Martinez Sanborn

Birkholz Gire Mathieu Schauer

Bodem Goschka McBryde Schermesser

Bogardus Gustafson McManus Sikkema

Brackenridge Hale McNutt Tesanovich

Brown Hammerstrom Middaugh Thomas

Callahan Hanley Middleton Varga

Cherry Harder Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Johnson Owen Walberg

DeHart Kaza Oxender Wetters

Dobb Kelly Palamara Whyman

Dobronski Kilpatrick Parks Wojno

Emerson Kukuk Price

Nays--8

Brater Curtis LaForge Schroer

Ciaramitaro Gubow London Willard

In The Chair: Hanley

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5924, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621).

(The bill was received from the Senate on December 3, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 8, see House Journal No. 80, p. 2496.)

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

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

Roll Call No. 1062 Yeas--81

Agee Emerson LaForge Profit

Alley Fitzgerald Law Prusi

Anthony Frank Leland Rhead

Baade Freeman Llewellyn Rison

Baird Gagliardi London Rocca

Bankes Galloway Lowe Sanborn

Basham Geiger Mans Schauer

Birkholz Gernaat Mathieu Schermesser

Bobier Gilmer McBryde Schroer

Bodem Gire McManus Sikkema

Bogardus Goschka McNutt Stallworth

Brackenridge Gubow Middaugh Tesanovich

Brater Hale Middleton Thomas

Brown Hammerstrom Nye Varga

Callahan Hanley Olshove Vaughn

Crissman Harder Owen Walberg

Cropsey Horton Oxender Wetters

Curtis Johnson Palamara Whyman

DeHart Kelly Parks Willard

Dobb Kilpatrick Price Wojno

Dobronski

Nays--9

Cherry Kaza LeTarte Quarles

DeVuyst Kukuk Martinez Voorhees

Gustafson

In The Chair: Hanley

The House agreed to the full title.

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

______

The Associate Speaker Pro Tempore assumed the Chair.

Third Reading of Bills

Senate Bill No. 1021, entitled

A bill to repeal local acts prohibiting or restricting Sunday hunting.

The bill was read a third time.

The question being on the passage of the bill,

Rep. London moved to amend the bill as follows:

1. Amend page 1, following line 5, by striking out the balance of the bill and inserting:

"Enacting section 2. (1) Enacting section 1 does not take effect unless submitted to a vote of the qualified electors of Macomb county and approved by a majority of the electors voting on the question. The question of approval of enacting section 1 may be submitted to the qualified electors of Macomb county at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of Macomb county. If submitted, the question shall be submitted in substantially the following form:

"Shall enacting section 1 of 1998 Local Act ______, which would repeal 1947 LA 9 and therefore would permit hunting, on Sunday, for game animals and game birds in the county of Macomb, be adopted?

Yes ( )

No ( )".

(2) If a majority of the qualified electors voting on the question vote in favor of the adoption of enacting section 1, the repeal of the act to prevent hunting, on Sunday, for game animals and game birds in the county of Macomb, 1947 LA 9, becomes effective 10 days following the certification of the election results.

Enacting section 3. 1939 LA 4 is repealed.

Enacting section 4. (1) Enacting section 3 does not take effect unless submitted to a vote of the qualified electors of St. Clair county and approved by a majority of the electors voting on the question. The question of approval of enacting section 3 shall be submitted to the qualified electors of St. Clair county at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of St. Clair county. The question shall be submitted in substantially the following form:

"Shall enacting section 3 of 1998 Local Act ______, which would repeal 1939 LA 4 and therefore would permit hunting, on Sunday, with firearms or dogs in the county of St. Clair, be adopted?

Yes ( )

No ( )".

(2) If a majority of the qualified electors voting on the question vote in favor of the adoption of enacting section 3, the repeal of 1939 LA 4 becomes effective 10 days following the certification of the election results.".

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

The motion prevailed.

House Bill No. 6226, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2401, 2402, 2404, 2407, 2411, and 2412 (MCL 339.2401, 339.2402, 339.2404, 339.2407, 339.2411, and 339.2412), sections 2401 and 2411 as amended by 1991 PA 166, sections 2404 and 2407 as amended by 1988 PA 463, and section 2412 as amended by 1980 PA 496.

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

Roll Call No. 1063 Yeas--60

Agee DeHart Kilpatrick Quarles

Alley Dobb LaForge Rison

Anthony Dobronski Law Rocca

Baade Emerson Leland Schauer

Baird Frank Mans Schermesser

Basham Freeman Martinez Schroer

Bobier Gagliardi Mathieu Stallworth

Bodem Galloway McManus Tesanovich

Bogardus Gire Olshove Thomas

Brater Goschka Owen Varga

Brown Gubow Palamara Vaughn

Callahan Hale Parks Wetters

Cherry Hanley Price Whyman

Ciaramitaro Harder Profit Willard

Curtis Kelly Prusi Wojno

Nays--31

Bankes Gernaat LeTarte Nye

Birkholz Gilmer Llewellyn Oxender

Brackenridge Gustafson London Rhead

Crissman Hammerstrom Lowe Sanborn

Cropsey Horton McBryde Sikkema

DeVuyst Johnson McNutt Voorhees

Fitzgerald Kaza Middaugh Walberg

Geiger Kukuk Middleton

In The Chair: Gire

The House agreed to the title of the bill.

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

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

______

Rep. Wallace entered the House Chambers.

House Bill No. 6227, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), as amended by 1988 PA 461.

Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1064 Yeas--53

Agee Curtis Kelly Prusi

Alley Dobb Kilpatrick Quarles

Anthony Dobronski LaForge Rison

Baade Emerson Leland Rocca

Baird Frank Mans Schauer

Basham Freeman Martinez Schroer

Bobier Gagliardi Mathieu Stallworth

Bodem Galloway McManus Tesanovich

Bogardus Gire Olshove Thomas

Brater Gubow Owen Vaughn

Brown Hale Parks Wetters

Callahan Hanley Price Willard

Cherry Harder Profit Wojno

Ciaramitaro

Nays--35

Bankes Gernaat LeTarte Oxender

Birkholz Gilmer Llewellyn Rhead

Brackenridge Goschka London Sanborn

Crissman Gustafson Lowe Schermesser

Cropsey Hammerstrom McBryde Sikkema

DeHart Horton McNutt Voorhees

DeVuyst Johnson Middaugh Walberg

Fitzgerald Kaza Middleton Whyman

Geiger Kukuk Nye

In The Chair: Gire

Rep. Gagliardi moved to reconsider the vote by which the House did not pass the bill.

The motion prevailed, 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. 1065 Yeas--55

Agee DeHart Kelly Quarles

Alley Dobronski Kilpatrick Rison

Anthony Emerson LaForge Rocca

Baade Freeman Leland Schauer

Baird Gagliardi Mans Schermesser

Basham Galloway Martinez Schroer

Bobier Gire Mathieu Stallworth

Bogardus Godchaux Olshove Tesanovich

Brater Green Owen Thomas

Brown Gubow Palamara Vaughn

Callahan Hale Parks Wallace

Cherry Hanley Price Willard

Ciaramitaro Harder Profit Wojno

Curtis Hertel Prusi

Nays--44

Bankes Gernaat Kukuk Oxender

Birkholz Gilmer LeTarte Perricone

Bodem Goschka Llewellyn Raczkowski

Brackenridge Gustafson London Rhead

Cassis Hammerstrom Lowe Richner

Crissman Horton McBryde Sanborn

Cropsey Jansen McManus Scranton

DeVuyst Jelinek McNutt Sikkema

Dobb Jellema Middaugh Voorhees

Fitzgerald Johnson Middleton Walberg

Geiger Kaza Nye Whyman

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 767, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43516, 73101, 73102, 73109, and 73110 (MCL 324.43516, 324.73101, 324.73102, 324.73109, and 324.73110), section 43516 as added by 1995 PA 57 and sections 73101, 73102, 73109, and 73110 as added by 1995 PA 58.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Conservation, Environment and Recreation (for amendments, see House Journal No. 72, p. 2100),

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

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Gagliardi moved that Rule 45 be suspended.

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

Rep. Gagliardi moved that the Committee on Regulatory Affairs be discharged from further consideration of Senate Bill No. 1314.

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

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

The motion prevailed.

______

The Associate Speaker Pro Tempore called Acting Speaker DeHart to the Chair.

Rep. Brewer entered the House Chambers.

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 1066 Yeas--98

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kelly Profit

Baade Frank Kilpatrick Prusi

Baird Freeman Kukuk Quarles

Bankes Gagliardi LaForge Raczkowski

Basham Galloway Law Rhead

Birkholz Geiger Leland Richner

Bobier Gernaat LeTarte Rocca

Bodem Gilmer Llewellyn Sanborn

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schroer

Brater Goschka Martinez Sikkema

Brewer Green Mathieu Stallworth

Brown Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Ciaramitaro Hanley Middleton Voorhees

Crissman Harder Nye Walberg

Cropsey Hertel Olshove Wallace

Curtis Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jelinek Palamara Wojno

Dobb Jellema

In The Chair: DeHart

Second Reading of Bills

Senate Bill No. 841, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding sections 4b and 4c.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 81, p. 2537),

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 3, line 12, after "IN" by striking out "SECTION" and inserting "SUBSECTION".

2. Amend page 3, line 16, by striking out all of line 16 and inserting "GROUNDS FOR REMOVAL FROM THE COMMITTEE.".

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

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

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

Senate Bill No. 1152, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 18f, 19b, and 19c of chapter XIIA (MCL 712A.18f, 712A.19b, and 712A.19c), section 18f as amended by 1997 PA 163, section 19b as amended by 1997 PA 169, and section 19c as added by 1988 PA 224.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 81, p. 2537),

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 3, line 19, after "days." by striking out the balance of the subdivision.

2. Amend page 11, line 22, after "hearing." by inserting "IF A PETITION TO TERMINATE PARENTAL RIGHTS TO A CHILD IS FILED, PARENTING TIME FOR A PARENT WHO IS A SUBJECT OF THE PETITION IS AUTOMATICALLY SUSPENDED AND, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, REMAINS SUSPENDED AT LEAST UNTIL A DECISION IS ISSUED ON THE TERMINATION PETITION. IF A PARENT WHOSE PARENTING TIME IS SUSPENDED UNDER THIS SUBSECTION ESTABLISHES, AND THE COURT DETERMINES, THAT PARENTING TIME WILL NOT HARM THE CHILD, THE COURT MAY ORDER PARENTING TIME IN THE AMOUNT AND UNDER THE CONDITIONS THE COURT DETERMINES APPROPRIATE.".

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

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

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

Senate Bill No. 1210, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 424 (MCL 700.424), as amended by 1996 PA 8.

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. Wallace moved to amend the bill as follows:

1. Amend page 2, line 7, after the first "IS" by striking out "RESIDING WITH THAT OTHER PERSON" and inserting "NOT RESIDING WITH HIS OR HER PARENT OR PARENTS".

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.

Senate Bill No. 1211, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2637, 2640, 16648, 18117, and 18237 (MCL 333.2637, 333.2640, 333.16648, 333.18117, and 333.18237), section 2640 as added by 1996 PA 307 and sections 16648, 18117, and 18237 as amended by 1993 PA 79, and by adding section 16281.

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. 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.

Senate Bill No. 1212, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 6 (MCL 722.956).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 81, p. 2538),

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

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

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

Senate Bill No. 1225, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a, 161, and 748 (MCL 330.1100a, 330.1161, and 330.1748), section 100a as added and section 161 as amended by 1995 PA 290 and section 748 as amended by 1996 PA 588, and to add section 748a.

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. 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.

Senate Bill No. 603, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2 and 8 (MCL 722.622 and 722.628), section 2 as amended by 1996 PA 581 and section 8 as amended by 1997 PA 166, and by adding section 8d.

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

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 18, line 20, by striking out all of subsection (3) and inserting:

"(3) THE DEPARTMENT SHALL IDENTIFY ALL OF THE FAMILIES CLASSIFIED IN CATEGORY III AT ANY TIME DURING THE PERIOD BEGINNING OCTOBER 1, 1999 AND ENDING OCTOBER 1, 2000 AND SHALL REPORT TO THE APPROPRIATE LEGISLATIVE STANDING COMMITTEES AND THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES FOR THE DEPARTMENT ALL OF THE FOLLOWING REGARDING THOSE FAMILIES:

(A) THE NUMBER AND PERCENTAGE CLASSIFIED IN CATEGORY III THAT VOLUNTARILY PARTICIPATED IN SERVICES AND THAT DID NOT PARTICIPATE IN SERVICES.

(B) THE NUMBER FOR WHICH THE DEPARTMENT ENTERED MORE THAN 1 DETERMINATION THAT THERE WAS EVIDENCE OF CHILD ABUSE OR NEGLECT.

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.

Senate Bill No. 954, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 13a and 17c of chapter XIIA (MCL 712A.13a and 712A.17c), section 13a as amended by 1997 PA 163 and section 17c as amended by 1997 PA 169, and by adding section 17d to chapter XIIA.

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

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

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

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

Senate Bill No. 955, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending sections 6, 8, 427, and 437 (MCL 700.6, 700.8, 700.427, and 700.437), section 8 as amended by 1988 PA 398 and sections 427 and 437 as amended by 1990 PA 313, and by adding section 427a.

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

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

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

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

Senate Bill No. 956, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2, 4, and 7 (MCL 722.22, 722.24, and 722.27), section 2 as amended by 1990 PA 245 and sections 4 and 7 as amended by 1996 PA 19.

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

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

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

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

Senate Bill No. 1032, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 7 and 10 (MCL 722.627 and 722.630), section 7 as amended by 1997 PA 168.

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

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

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

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

Senate Bill No. 497, entitled

A bill to provide for a waiver of tuition at state public institutions of higher education for children and surviving spouses of Michigan corrections officers killed in the line of duty; and to provide for an appropriation.

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.

Senate Bill No. 1183, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 55, 115b, 116, 117a, and 117c (MCL 400.55, 400.115b, 400.116, 400.117a, and 400.117c), section 55 as amended by 1987 PA 266, sections 115b and 117a as amended by 1988 PA 75, and section 117c as amended by 1988 PA 223, and by adding sections 115o and 117g.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Appropriations (for amendments, see House Journal No. 81, p. 2540),

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

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

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

Senate Bill No. 1186, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1998 PA 34, and by adding section 5b.

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.

Senate Bill No. 1187, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 1, 2, 2d, 8, 16, 18, 18a, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.16, 712A.18, 712A.18a, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 16, and 28 as amended by 1996 PA 409, section 2d as added by 1996 PA 244, section 18 as amended by 1997 PA 163, and section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA.

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.

Senate Bill No. 1188, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter I, section 1f of chapter IV, section 14 of chapter VI, sections 1, 1b, and 28 of chapter IX, and sections 1, 2, 2a, 3, 3a, 3c, 4, 5, 7, and 14a of chapter XI, (MCL 761.1, 764.1f, 766.14, 769.1, 769.1b, 769.28, 771.1, 771.2, 771.2a, 771.3, 771.3a, 771.3c, 771.4, 771.5, 771.7, and 771.14a), section 1 of chapter I and section 14 of chapter VI as amended by 1996 PA 418, section 1f of chapter IV as amended by 1996 PA 255, section 1 of chapter IX as amended by 1996 PA 248, section 1b of chapter IX and section 7 of chapter XI as amended by 1996 PA 247, section 28 of chapter IX and sections 3a, 4, and 5 of chapter XI as amended and section 14a of chapter XI as added by 1988 PA 78, sections 1 and 3c of chapter XI as amended by 1993 PA 185, section 2 of chapter XI as amended by 1994 PA 286, section 2a of chapter XI as added by 1992 PA 251, and section 3 of chapter XI as amended by 1994 PA 445.

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.

Senate Bill No. 1189, entitled

A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending the title and sections 2, 3, 4, 5, 5a, and 6 (MCL 803.222, 803.223, 803.224, 803.225, 803.225a, and 803.226), sections 2 and 4 as amended by 1996 PA 416 and section 5a as added by 1996 PA 511.

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.

Senate Bill No. 1190, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending the title and section 3 (MCL 28.173), as amended by 1996 PA 508.

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.

Senate Bill No. 1191, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 6, 13a, 20a, 31, 36, 41a, and 48 (MCL 780.752, 780.756, 780.763a, 780.770a, 780.781, 780.786, 780.791a, and 780.798), sections 2, 6, and 36 as amended and sections 13a, 20a, and 41a as added by 1993 PA 341, section 31 as amended by 1996 PA 82, and section 48 as amended by 1996 PA 105.

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.

Senate Bill No. 1192, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 498c and 498d (MCL 330.1498c and 330.1498d), as amended by 1995 PA 290.

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.

Senate Bill No. 1193, entitled

A bill to amend 1935 PA 220, entitled "An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act," by amending section 7 (MCL 400.207), as amended by 1980 PA 306.

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.

Senate Bill No. 1194, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 186a (MCL 750.186a), as added by 1996 PA 256.

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.

Senate Bill No. 1195, entitled

A bill to amend 1996 PA 263, entitled "Juvenile boot camp act," by amending sections 2, 3, 4, 5, 6, and 7 (MCL 400.1302, 400.1303, 400.1304, 400.1305, 400.1306, and 400.1307).

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.

Senate Bill No. 1218, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 1001b and 1003b (MCL 330.2001b and 330.2003b), section 1001b as amended by 1995 PA 290 and section 1003b as amended by 1993 PA 252.

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

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

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

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

Senate Bill No. 1219, entitled

A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 4 (MCL 722.4), as amended by 1996 PA 412.

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.

Senate Bill No. 1220, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 139, 193, 197c, and 231 (MCL 750.139, 750.193, 750.197c, and 750.231), section 139 as amended by 1991 PA 145, section 193 as amended by 1988 PA 167, and section 231 as amended by 1981 PA 103.

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

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

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 139." by striking out "(1) EXCEPT AS PROVIDED IN SUBSECTION (2),".

2. Amend page 2, line 3, by striking out all of subsection (2).

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

Rep. Owen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1067 Yeas--35

Agee Ciaramitaro Martinez Tesanovich

Anthony Emerson Parks Thomas

Baade Freeman Price Varga

Baird Gire Profit Vaughn

Bogardus Gubow Prusi Wallace

Brater Hale Quarles Wetters

Brewer Hanley Schauer Willard

Callahan Kilpatrick Schermesser Wojno

Cherry LaForge Schroer

Nays--61

Alley Fitzgerald Jellema Middleton

Bankes Gagliardi Johnson Nye

Basham Galloway Kaza Olshove

Birkholz Geiger Kelly Owen

Bobier Gernaat Kukuk Oxender

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux Leland Rhead

Brown Goschka Llewellyn Richner

Byl Green London Rocca

Cassis Gustafson Lowe Sanborn

Crissman Hammerstrom Mathieu Scranton

Curtis Harder McBryde Sikkema

DeHart Horton McManus Voorhees

DeVuyst Jansen McNutt Walberg

Dobb Jelinek Middaugh Whyman

Dobronski

In The Chair: DeHart

Rep. Martinez moved to amend the bill as follows:

1. Amend page 2, line 6, after "MCL 791.220G" by inserting a comma and "providing the prisoners are being transported or confined separately from prisoners over the age of 19".

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

Rep. Owen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1068 Yeas--35

Agee Ciaramitaro Kilpatrick Schauer

Alley Curtis LaForge Schermesser

Anthony Dobronski Martinez Schroer

Baade Frank Parks Tesanovich

Baird Gire Price Thomas

Bogardus Gubow Profit Vaughn

Brater Hale Prusi Wallace

Brewer Hanley Quarles Wetters

Cherry Harder Rison

Nays--62

Bankes Galloway Kukuk Palamara

Basham Geiger Law Perricone

Birkholz Gernaat Leland Raczkowski

Bobier Gilmer LeTarte Rhead

Bodem Godchaux Llewellyn Richner

Brackenridge Goschka London Rocca

Brown Green Lowe Sanborn

Byl Gustafson McBryde Scranton

Callahan Hammerstrom McManus Sikkema

Cassis Horton McNutt Varga

Crissman Jansen Middaugh Voorhees

Cropsey Jelinek Middleton Walberg

DeHart Jellema Nye Whyman

DeVuyst Johnson Owen Willard

Dobb Kaza Oxender Wojno

Fitzgerald Kelly

In The Chair: DeHart

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.

Senate Bill No. 1221, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 23 of chapter IV (MCL 764.23), as amended by 1988 PA 137.

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

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

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

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

Senate Bill No. 1222, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 20g, 29, 34, 63, 63a, 65, 69a, and 70 (MCL 791.220g, 791.229, 791.234, 791.263, 791.263a, 791.265, 791.269a, and 791.270), section 20g as added by 1996 PA 164, section 34 as amended by 1994 PA 345, section 65 as amended by 1994 PA 217, section 69a as added by 1990 PA 42, and section 70 as added by 1993 PA 255.

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

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

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

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

Senate Bill No. 1223, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 41 (MCL 800.41).

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.

Senate Bill No. 1224, entitled

A bill to amend 1909 PA 17, entitled "An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons and substances; to prohibit or limit the selling, giving, or furnishing of certain weapons and substances to prisoners; to prohibit the control or possession of certain weapons and substances by prisoners; and to prescribe penalties," by amending section 1a (MCL 800.281a), as added by 1982 PA 343.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Gagliardi moved that Senate Bill No. 1218 be placed on its immediate passage.

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

Senate Bill No. 1218, entitled

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

Roll Call No. 1069 Yeas--96

Agee Dobronski Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Rhead

Baird Gagliardi Law Richner

Bankes Galloway Leland Rison

Basham Geiger Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bobier Gilmer Lowe Schauer

Bodem Godchaux Martinez Schermesser

Bogardus Goschka Mathieu Schroer

Brackenridge Green McBryde Scranton

Brater Gubow McManus Sikkema

Brewer Gustafson McNutt Stallworth

Brown Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Nye Varga

Cherry Harder Olshove Voorhees

Ciaramitaro Hertel Owen Walberg

Crissman Horton Oxender Wallace

Curtis Jansen Palamara Wetters

DeHart Jellema Parks Whyman

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Nays--1

Vaughn

In The Chair: DeHart

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

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

A bill to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with development disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 1001b (MCL 330.2001b), as amended by 1995 PA 290.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Gagliardi moved that Senate Bill No. 1219 be placed on its immediate passage.

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

Senate Bill No. 1219, entitled

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

Roll Call No. 1070 Yeas--93

Agee Dobb Jellema Perricone

Alley Dobronski Johnson Price

Anthony Fitzgerald Kaza Profit

Baade Frank Kilpatrick Prusi

Baird Freeman Kukuk Quarles

Bankes Gagliardi Law Rhead

Basham Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bobier Gernaat Llewellyn Rocca

Bodem Gilmer London Sanborn

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Martinez Schermesser

Brewer Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hammerstrom Middaugh Varga

Cherry Hanley Middleton Walberg

Ciaramitaro Harder Nye Wallace

Crissman Hertel Olshove Wetters

Cropsey Horton Owen Whyman

Curtis Jansen Oxender Willard

DeHart Jelinek Palamara Wojno

DeVuyst

Nays--7

Brater LaForge Schroer Vaughn

Hale Parks Thomas

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Rep. Gagliardi moved that Senate Bill No. 1220 be placed on its immediate passage.

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

Senate Bill No. 1220, entitled

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

Roll Call No. 1071 Yeas--78

Alley Frank Kelly Perricone

Anthony Freeman Kilpatrick Price

Bankes Gagliardi Kukuk Prusi

Basham Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat Llewellyn Richner

Bodem Gilmer London Rison

Brackenridge Godchaux Lowe Rocca

Brown Goschka Mathieu Sanborn

Byl Green McBryde Schauer

Callahan Gustafson McManus Scranton

Cassis Hammerstrom Mc