hj05087t.040

No. 40

JOURNAL OF THE HOUSE

House Chamber, Lansing, Thursday, May 8, 1997.

10:00 a.m.

The House was called to order by the 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

Birkholz--present

Bobier--present

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--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--excused

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--excused

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

The Rev. Imam Mohammoud Karoub of The Federation of Islamic Associations, offered the following invocation:

"In the name of God the Beneficent, the Merciful, the one God for all of creation--black and white, red and yellow and brown. Bow and genuflect in obeisance and in obedience to His commandments, to His injunctions, to His tenets and to His decrees. Our Lord God Almighty, we have read in the scriptures on the lips of the prophets and messengers on whom we invoke these blessings that God does not change the conditions of His people until those people change the conditions within themselves. Our Lord calls those who have gathered here entrusted with the responsibility of governing to follow those commandments, to implement and instill in us that desire, that encouragement, that spirit of self-sacrifice that will serve the noble purpose for which each man was placed on the face of the earth. Our Lord, this is our prayer on this day, Almighty God. Amen."

______

Rep. Dobronski moved that Reps. Stallworth, Kilpatrick and Emerson be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Second Reading of Bills

House Bill No. 4280, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25.

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. 31, p. 588),

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

______

Rep. Wetters moved that Rep. Alley be excused temporarily from today's session.

The motion prevailed.

Rep. Wetters asked and obtained a temporary excuse from today's session.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Gubow moved to amend the bill as follows:

1. Amend page 5, line 6, after "(6)" by striking out the balance of the subsection and inserting "IF A POLICE OFFICER HAS REASON TO BELIEVE THAT A PERSON HAS VIOLATED THIS SECTION AND THAT THE VIOLATION IS A FIRST OR SECOND VIOLATION, THE PERSON SHALL NOT BE ISSUED A WRITTEN CITATION BUT SHALL BE ISSUED ONLY A WRITTEN WARNING BY THE POLICE OFFICER. EACH WARNING SHALL BE ENTERED INTO THE LAW ENFORCEMENT INFORMATION NETWORK. A PERSON WHO VIOLATES THIS SECTION A THIRD OR SUBSEQUENT TIME IS RESPONSIBLE FOR A CIVIL INFRACTION AND SHALL BE ISSUED A WRITTEN CITATION IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED BY THIS ACT FOR CIVIL INFRACTIONS.".

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

Rep. Gubow demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 285 Yeas--76

Agee Geiger Kukuk Prusi

Alley Gernaat LaForge Quarles

Anthony Gilmer Leland Raczkowski

Bankes Gire Llewellyn Rhead

Bobier Goschka Lowe Richner

Bodem Green Mathieu Rison

Bogardus Gubow McBryde Rocca

Brater Hale McManus Schauer

Brown Hanley Middaugh Schermesser

Cherry Harder Middleton Sikkema

Crissman Hertel Murphy Tesanovich

Cropsey Hood Nye Varga

Dalman Horton Olshove Vaughn

DeHart Jansen Owen Voorhees

DeVuyst Jaye Palamara Walberg

Dobb Jelinek Parks Wallace

Dobronski Johnson Perricone Wetters

Freeman Kaza Price Whyman

Gagliardi Kelly Profit Willard

Nays--27

Baade Cassis Gustafson McNutt

Baird Ciaramitaro Hammerstrom Oxender

Birkholz Curtis Jellema Schroer

Brackenridge Fitzgerald LeTarte Scranton

Brewer Frank London Thomas

Byl Galloway Mans Wojno

Callahan Godchaux Martinez

In The Chair: Murphy

______

Rep. Bogardus moved that Rep. Quarles be excused temporarily from today's session.

The motion prevailed.

Rep. Gustafson moved to amend the bill as follows:

1. Amend page 5, following line 9, following subsection (8), by inserting:

"Sec. 909. (1) A EXCEPT AS PROVIDED IN SUBSECTION (2), A civil fine which is ordered under section 907 for a violation of this act or other state statute shall be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state.

(2) A CIVIL FINE WHICH IS ORDERED UNDER SECTION 907 FOR A VIOLATION OF SECTION 710E SHALL BE DEPOSITED IN THE SAFETY BELT EDUCATION FUND CREATED IN SUBSECTION (3).

(3) A SAFETY BELT EDUCATION FUND IS CREATED IN THE DEPARTMENT OF TREASURY. THE FUNDS SHALL BE ADMINISTERED BY THE DEPARTMENT OF STATE POLICE. THE MONEY DEPOSITED IN THE FUND SHALL BE USED EXCLUSIVELY FOR SAFETY BELT EDUCATION.

(4) ~~(2)~~ Subsection (1) is intended to maintain a source of revenue for public libraries which previously received penal fines for misdemeanor violations of this act which are now civil infractions.".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 286 Yeas--59

Alley Geiger Kelly Raczkowski

Birkholz Gire Kukuk Schermesser

Bogardus Goschka Leland Scott

Brewer Green LeTarte Scranton

Brown Griffin Lowe Sikkema

Cassis Gubow McBryde Tesanovich

Cherry Gustafson McManus Vaughn

Ciaramitaro Harder Middaugh Voorhees

Crissman Hertel Murphy Walberg

Curtis Hood Nye Wallace

DeHart Horton Olshove Wetters

Dobronski Jansen Owen Whyman

Frank Jaye Parks Willard

Freeman Jelinek Perricone Wojno

Gagliardi Kaza Prusi

Nays--40

Agee Dalman Jellema Palamara

Anthony DeVuyst Johnson Price

Baade Dobb LaForge Profit

Baird Fitzgerald Llewellyn Rhead

Bankes Galloway London Richner

Brackenridge Gilmer Mans Rison

Brater Godchaux Martinez Rocca

Byl Hale McNutt Schauer

Callahan Hammerstrom Middleton Schroer

Cropsey Hanley Oxender Thomas

In The Chair: Murphy

Rep. Goschka moved to amend the bill as follows:

1. Amend page 5, following line 22, by inserting:

"(5) Each representative sworn in as a member of the Michigan House of Representatives shall wear a properly adjusted and fastened safety belt while seated on the floor of the House of Representatives.".

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

Rep. Owen moved that the bill be referred to the Committee on Appropriations.

The question being on the motion made by Rep. Owen,

Rep. Owen demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Owen,

Rep. Gagliardi moved that consideration of the motion be postponed temporarily.

The motion prevailed.

______

The Speaker resumed the Chair.

Rep. Gustafson moved to amend the bill as follows:

1. Amend page 4, following line 22, by inserting:

"(5) A LAW ENFORCEMENT OFFICER SHALL ONLY ISSUE A TICKET TO AN ADULT DRIVER OR PASSENGER OF A MOTOR VEHICLE FOR HIS OR HER OWN FAILURE TO WEAR A SAFETY BELT AS REQUIRED IN THIS SECTION OR FOR THE FAILURE OF A CHILD LESS THAN 16 YEARS OF AGE TO WEAR A SAFETY BELT AS REQUIRED IN THIS SECTION." and renumbering the remaining subsections.

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

Rep. Martinez moved to amend the Gustafson amendment as follows:

1. Amend the Gustafson amendment, page 4, following line 22, subsection (5), after the first "TO" by striking out "AN ADULT" and inserting "A".

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

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

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

Rep. Gustafson moved to amend the bill as follows:

1. Amend page 5, line 6, subsection (6), after "FIRST" by striking out "OR SECOND".

2. Amend page 5, line 6, subsection (6), after "VIOLATES THIS SECTION A" by striking out "THIRD" and inserting "SECOND".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 287 Yeas--15

Baade Fitzgerald Jellema Thomas

Birkholz Gilmer McNutt Varga

Brackenridge Godchaux Schauer Wojno

Byl Gustafson Schroer

Nays--86

Agee Dobronski Kelly Perricone

Alley Frank Kukuk Price

Anthony Freeman LaForge Profit

Baird Galloway Leland Prusi

Bankes Geiger LeTarte Raczkowski

Bobier Gernaat Llewellyn Rhead

Bodem Gire London Richner

Bogardus Goschka Lowe Rison

Brater Green Mans Rocca

Brewer Gubow Martinez Schermesser

Brown Hale Mathieu Scott

Callahan Hammerstrom McBryde Scranton

Cassis Hanley McManus Sikkema

Cherry Harder Middaugh Tesanovich

Ciaramitaro Hertel Middleton Vaughn

Crissman Hood Murphy Voorhees

Cropsey Horton Nye Walberg

Curtis Jansen Olshove Wallace

Dalman Jaye Owen Wetters

DeHart Jelinek Oxender Whyman

DeVuyst Johnson Palamara Willard

Dobb Kaza

In The Chair: Hertel

Reps. Vaughn and Walberg moved to amend the bill as follows:

1. Amend page 4, following line 22, following subsection (5), by inserting:

"(6) ~~(5)~~ Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this act." and renumbering the remaining subsections.

The question being on the adoption of the amendment offered by Reps. Vaughn and Walberg,

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Vaughn and Walberg,

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

Roll Call No. 288 Yeas--54

Alley Goschka Martinez Prusi

Anthony Green Mathieu Raczkowski

Bodem Hale McManus Rhead

Ciaramitaro Hanley Middaugh Scott

Crissman Hood Murphy Sikkema

Cropsey Horton Nye Tesanovich

Dalman Jaye Olshove Vaughn

DeHart Jelinek Owen Voorhees

Dobb Johnson Oxender Walberg

Frank Kaza Palamara Wallace

Gagliardi Leland Parks Wetters

Galloway LeTarte Perricone Whyman

Geiger Llewellyn Profit Willard

Gernaat Lowe

Nays--44

Agee Callahan Gustafson Price

Baade Cassis Hammerstrom Richner

Baird Cherry Hertel Rison

Bankes DeVuyst Jansen Rocca

Birkholz Dobronski Jellema Schauer

Bobier Fitzgerald Kelly Schermesser

Bogardus Freeman Kukuk Schroer

Brackenridge Gilmer London Scranton

Brater Gire Mans Thomas

Brown Godchaux McBryde Varga

Byl Gubow McNutt Wojno

In The Chair: Hertel

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

The question being on the motion by Rep. Kaza,

Rep. Kaza moved that consideration of the motion be postponed temporarily.

The motion prevailed.

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 4, following line 22, subsection (5), after "A DRIVER" by striking out "OR PASSENGER".

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

Rep. Lowe moved to amend the bill as follows:

1. Amend page 3, line 26, after "and" by inserting "front seat".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 289 Yeas--62

Alley Galloway LeTarte Profit

Anthony Gernaat Llewellyn Prusi

Bodem Gire Lowe Raczkowski

Bogardus Goschka Martinez Rhead

Brown Hammerstrom Mathieu Richner

Callahan Hanley McManus Rocca

Cassis Harder Middaugh Schermesser

Cherry Hood Middleton Scott

Crissman Horton Murphy Tesanovich

Cropsey Jansen Nye Vaughn

Dalman Jaye Olshove Voorhees

DeHart Jelinek Owen Walberg

DeVuyst Johnson Oxender Wallace

Dobb Kaza Palamara Wetters

Frank Kukuk Perricone Whyman

Gagliardi Leland

Nays--38

Agee Dobronski Hertel Price

Baade Fitzgerald Jellema Rison

Bankes Freeman Kelly Schauer

Birkholz Geiger LaForge Schroer

Bobier Gilmer Law Scranton

Brackenridge Godchaux London Sikkema

Brater Green McBryde Thomas

Brewer Gubow McNutt Willard

Byl Gustafson Parks Wojno

Ciaramitaro Hale

In The Chair: Hertel

Reps. Jaye, Whyman and Lowe moved to amend the bill as follows:

1. Amend page 3, line 6, by striking out the balance of the bill and inserting:

"Enacting section 1. Section 710e of the Michigan vehicle code, 1949 PA 300, MCL 257.710e is repealed on July1, 1997.".

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

The question being on the motion made previously by Rep. Kaza to reconsider the vote by which the House did not adopt the amendment offered previously by Reps. Vaughn and Walberg,

Rep. London demanded the yeas and nays.

The demand was supported.

The question being on the motion made previously by Rep. Kaza to reconsider the vote by which the House did not adopt the amendment offered previously by Reps. Vaughn and Walberg,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 290 Yeas--51

Alley Goschka Llewellyn Prusi

Anthony Green Lowe Rhead

Bodem Hale Mathieu Rison

Ciaramitaro Hanley McManus Scott

Crissman Harder Middaugh Tesanovich

Cropsey Hood Murphy Vaughn

Dalman Horton Nye Voorhees

DeHart Jansen Olshove Walberg

Dobb Jaye Owen Wallace

Frank Johnson Oxender Wetters

Gagliardi Kaza Palamara Whyman

Galloway Leland Parks Willard

Gernaat LeTarte Price

Nays--50

Agee Cassis Hertel Perricone

Baade Cherry Jelinek Raczkowski

Baird Curtis Jellema Richner

Bankes Dobronski Kelly Rocca

Birkholz Fitzgerald Kukuk Schauer

Bobier Freeman Law Schermesser

Bogardus Geiger London Schroer

Brackenridge Gilmer Mans Scranton

Brater Gire Martinez Sikkema

Brewer Godchaux McBryde Thomas

Brown Gubow McNutt Varga

Byl Gustafson Middleton Wojno

Callahan Hammerstrom

In The Chair: Hertel

The question being on the adoption of the amendment offered previously by Reps. Vaughn and Walberg,

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

Roll Call No. 291 Yeas--51

Alley Goschka Lowe Rhead

Anthony Hale Mathieu Rison

Bodem Hanley McManus Scott

Ciaramitaro Harder Middaugh Sikkema

Crissman Hood Murphy Tesanovich

Cropsey Horton Nye Vaughn

Dalman Jansen Olshove Voorhees

DeHart Jaye Owen Walberg

Dobb Johnson Oxender Wallace

Frank Kaza Palamara Wetters

Gagliardi Leland Parks Whyman

Galloway LeTarte Profit Willard

Geiger Llewellyn Prusi

Nays--49

Agee Cassis Hertel Perricone

Baade Cherry Jelinek Price

Baird DeVuyst Jellema Raczkowski

Bankes Dobronski Kelly Richner

Birkholz Fitzgerald Kukuk Rocca

Bobier Freeman Law Schauer

Bogardus Gilmer London Schermesser

Brackenridge Gire Mans Schroer

Brater Godchaux Martinez Scranton

Brewer Gubow McBryde Thomas

Brown Gustafson McNutt Varga

Byl Hammerstrom Middleton Wojno

Callahan

In The Chair: Hertel

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 5, following line 9, by inserting:

"Sec. 907. (1) A violation of this act, or a local ordinance substantially corresponding to a provision of this act, which is designated a civil infraction shall not be considered a lesser included offense of a criminal offense.

(2) If a person is determined pursuant to sections 741 to 750 to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance substantially corresponding to a provision of this act, the judge, district court referee, or district court magistrate may order the person to pay a civil fine of not more than $100.00 and costs as provided in subsection (4). However, for a violation of section 674(1)(s) or a local ordinance substantially corresponding to section 674(1)(s), the person shall be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $50.00 nor more than $100.00. For a violation of section 328 or 710d, the civil fine ordered under this subsection shall not exceed $10.00. For a violation of section 710e, the civil fine and court costs ordered under this subsection shall be ~~$25.00~~ $5.00. Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments, but unless permission is included in the order or judgment, the civil fine and costs shall be payable immediately.

(3) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance substantially corresponding to a provision of this act while driving a commercial motor vehicle, he or she shall be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.

(4) If a civil fine is ordered to be paid under subsection (2) or (3), the judge, district court referee, or district court magistrate shall summarily tax and determine the costs of the action, which shall not be limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Except in a civil infraction for a parking violation, costs of not less than $5.00 shall be ordered. Costs shall not be ordered in excess of $100.00. Except as otherwise provided by law, costs shall be payable to the general fund of the plaintiff.

(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4), the judge, district court referee, or district court magistrate may order the person to attend and complete a program of treatment, education, or rehabilitation.

(6) A district court referee or district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(7) Each district of the district court and each municipal court may establish a schedule of civil fines and costs to be imposed for civil infractions which occur within the respective district or city. If a schedule is established, it shall be prominently posted and readily available for public inspection. A schedule need not include all violations which are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.

(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation shall not be binding upon the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges, district court referees, and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout the state.

(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine and costs, upon receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.

(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or an installment of the fine or costs may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.4001 to 600.4065 of the Michigan Compiled Laws, or under chapter 60 of Act No. 236 of the Public Acts of 1961, being sections 600.6001 to 600.6098 of the Michigan Compiled Laws.

(11) If a person fails to comply with an order or judgment issued pursuant to this section, within the time prescribed by the court, the driver's license of that person shall be suspended pursuant to section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.

(12) The court shall waive any civil fine or cost against a person who received a civil infraction citation for a violation of section 710d if the person, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of section 710d.

(13) In addition to any fines and costs ordered to be paid under this section, the judge, district court referee, or district court magistrate shall levy an assessment of $5.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon payment of the assessment, the clerk of the court shall transmit the assessment levied to the state treasury to be deposited into the Michigan justice training fund. An assessment levied under this subsection shall not be considered a civil fine for purposes of section909.

(14) If a person has received a citation for a violation of section 223, the court shall waive any fine and costs, upon receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.".

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 292 Yeas--20

Bodem Goschka Llewellyn Rhead

Brewer Green Lowe Richner

Cropsey Horton Middaugh Vaughn

Dalman Jaye Nye Walberg

Frank Kukuk Raczkowski Whyman

Nays--83

Agee Dobb Jellema Perricone

Alley Dobronski Johnson Price

Anthony Fitzgerald Kaza Profit

Baade Freeman Kelly Prusi

Baird Gagliardi LaForge Rison

Bankes Galloway Law Rocca

Birkholz Geiger Leland Schauer

Bobier Gernaat LeTarte Schermesser

Bogardus Gilmer London Schroer

Brackenridge Gire Mans Scott

Brater Godchaux Martinez Scranton

Brown Gubow Mathieu Sikkema

Byl Gustafson McBryde Tesanovich

Callahan Hale McManus Thomas

Cassis Hammerstrom McNutt Varga

Cherry Hanley Middleton Voorhees

Ciaramitaro Harder Olshove Wallace

Crissman Hertel Owen Wetters

Curtis Hood Oxender Willard

DeHart Jansen Palamara Wojno

DeVuyst Jelinek Parks

In The Chair: Hertel

Rep. Fitzgerald 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 to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

The question being on the motion by Rep. Gagliardi,

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

The question being on the motion made previously by Rep. Owen,

Rep. Owen withdrew the motion.

Rep. Jaye moved that the bill be referred to the Committee on Insurance.

The motion did not prevail, a majority of the members serving not voting therefor.

Rep. Walberg moved that the bill be referred to the Committee on Appropriations.

______

Point of Order

The Chair ruled the Walberg motion to refer the bill to the House Appropriations Committee is out of order because a motion to refer to committee may not be renewed without intervening business nor may it be renewed on the same order of business.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4280, entitled

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. 293 Yeas--47

Agee Cassis Jelinek Middleton

Baade Cherry Jellema Price

Baird Curtis Kelly Raczkowski

Bankes Dobronski Kukuk Richner

Birkholz Fitzgerald LaForge Rocca

Bobier Gilmer Law Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Mans Schroer

Brater Gubow Martinez Scranton

Brown Gustafson McBryde Thomas

Byl Hammerstrom McManus Wojno

Callahan Hertel McNutt

Nays--56

Alley Galloway Leland Profit

Anthony Geiger LeTarte Prusi

Bodem Gernaat Llewellyn Rhead

Brewer Goschka Lowe Rison

Ciaramitaro Green Mathieu Scott

Crissman Hale Middaugh Sikkema

Cropsey Hanley Murphy Tesanovich

Dalman Harder Nye Vaughn

DeHart Hood Olshove Voorhees

DeVuyst Horton Owen Walberg

Dobb Jansen Oxender Wallace

Frank Jaye Palamara Wetters

Freeman Johnson Parks Whyman

Gagliardi Kaza Perricone Willard

In The Chair: Hertel

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

"Mr. Speaker and members of the House:

The legislation before us would create a mandatory seat belt law in the state of Michigan. Current law in Michigan establishes refusal to wear a seat belt as a secondary offense; the bill before us would establish refusal to wear as a primary offense.

I vote "no" on this mandatory seat belt law for the following reasons:

Violation of Individual Liberty.

The ideas of a free society and individual liberty are principles that are supposed to set America apart from the rest of the world.

This mandatory seat belt law takes us further away from the ideas of a free society and individual liberty. It smacks of Big Brother, of a government that micro-manages every detail of an individual's life.

Opposition of Constituents.

The following is a selection of the comments that I have received from constituents in the 42nd District (Troy-Rochester Hills) opposed to a mandatory seat belt law:

* "Why worry about my life? If I don't endanger other people or property, it should be my business (not the government's).

* "(The bill) takes away the human decision-making process...(it) takes freedom away."

* "Vote "no" on any mandatory seat belt (law) now in the works. We want less government intrusion into our lives--not more."

* Please tell me that there is something you can do to defeat the proposed legislation which allows a police officer to stop me for not wearing a seat belt in my automobile. Please tell me it won't cost me a fine in lieu of jail to do no harm."

Broken Promises.

Senior members of the Democratic and Republican House caucuses explained earlier today during floor debate that the lobbyists who support a mandatory seat belt law promised in 1985 they would never seek more than the secondary offense that is now law. According to these senior members, the lobbyists who convinced the legislature to enact legislation establishing refusal to wear a seat belt as a secondary offense in 1985 promised they would never take the action they are taking today.

This is a broken promise by the lobbyists who support a mandatory seat belt law. It is reason to vote "no," not "yes," on final passage.

Flawed Empirical Assumptions.

The proponents of a mandatory seat belt law maintain it will result in lower traffic fatalities. In essence, they make empirical assumptions based on certain statistics from other states. In fact, statistics also exist that show states without mandatory seat belt laws have experienced a decline in traffic fatalities. Those statistics, and the high usage rate (70 percent) of Michigan motorists, underscore the flawed empirical assumptions made by proponents.

Political Considerations.

The vote today was a litmus test for the Republican Party, and those of us who seek to regain control of the state House for Republicans.

Republicans lost control of the state House in 1996 because they ignored their political base on issues of individual liberty, and failed to develop an agenda designed to appeal to Independents. A "yes" vote today is a vote against the grass-roots."

Rep. Oxender, 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 voted no on HB 4280 that would make the enforcement of the seat belt law a primary enforcement law. I believe government should only be involved in peoples lives when they can't do it for themselves.

People can buckle their seat belts without primary enforcement. In addition, the seat belt law was passed in 1985 with secondary enforcement. The compromise with law enforcement agencies was to not ask for primary enforcement in return for the passage of the seat belt law.

Therefore, we have a law since 1985 with secondary enforcement. I believe we should stay with the 1985 agreement."

Rep. Wetters, 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:

This legislation is a further erosion of individual citizen's rights. The people who promote this legislation today made promises 14 years ago to never pursue a primary enforcement law. Now because the auto companies are concerned about their liability they want to break their promise and take away my constituents personal rights. Some of us still believe that people have the right to a presumption of innocence. Some of us are concerned about granting the police a cart blanc reason to stop citizens who are minding their own business. Recent court decisions give police the right to search you and your car without a warrant once they have stopped you as long as they have "a reasonable suspicion" that there is some other problem. This is the doorway through which these newly granted police powers may be invoked. I do not want to protect or coddle criminals. However, I don't consider people who don't wear their seat belts to be criminals and I am not willing to sacrifice my constituents rights to satisfy the liability concerns of the big three auto makers. I have to vote "no"."

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

"Mr. Speaker and members of the House:

The primary enforcement of the seat belt law is an improper use of tax dollars.

The police should prioritize their limited time and resources on apprehending murders, rapists and drug dealers. People who occasionally forget to wear a seat belt and / or shoulder harasses should not be turned into criminal.

What other risky behavior will be next targeted for criminalization, smoking, eating jelly donuts, red meat or ice cream and other high fat, high cholesterol, high sugar items? I always wear a seat belt. This should be an issue of individual choice.

This bill would operate as an open warrant to seize and search any motorist in violation of the 4th Amendment of the US Constitution:

'The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated....'."

Rep. Voorhees, 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:

Article 1, Section 2 of the Michigan Constitution of 1963 states that: "No person shall be denied the equal protection of the laws nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color, or national origin." Also, Article 1, Section 11 states that: " No warrant to search any place or to seize any person or things shall be issued without describing them, or without probable cause."

I believe that primary enforcement of seat belt laws is a violation of the probable cause of the enforcement of the law."

Rep. DeVuyst, 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:

Michigan passed the mandatory seat belt law secondary offense several years ago with the understanding that this would be sufficient enough. I do not believe wearing a seat belt should be a primary offense now. It not only is an improper use of tax dollars, but would allow police officers to stop people for frivolous reasons."

Reps. Goschka and Bodem, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

We voted 'no' on House Bill 4280 because we believe it is fundamentally wrong to force people to use seatbelts against their wills. While we personally use and endorse the use of seatbelts, we strongly believe it is inappropriate for the hand of big government to march so blatantly into the lives of our constituents. A bill such as this provides a slippery slope that can be ever more intrusive into the lives of hard working, taxpaying people who are good, law abiding citizens.

It leads one to conclude that if we pass enough laws, we can make law breakers out of everyone. HB 4280 would move us into this direction which speaks so clearly as to why the bill is inherently flawed."

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

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4273, entitled

A bill to amend 1945 PA 200, entitled "An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof," by amending the title and sections 1, 2, 3, and 6 (MCL 565.101, 565.102, 565.103, and 565.106) and by adding sections 2a and 2b.

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

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

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4273, 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. 294 Yeas--102

Agee Dobronski Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kukuk Raczkowski

Baird Gagliardi LaForge Rhead

Bankes Galloway Law Richner

Birkholz Geiger Leland Rison

Bobier Gernaat LeTarte Rocca

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Tesanovich

Callahan Hale McNutt Thomas

Cassis Hammerstrom Middaugh Varga

Cherry Hanley Middleton Vaughn

Ciaramitaro Harder Murphy Voorhees

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Oxender Whyman

DeHart Jaye Palamara Willard

DeVuyst Jelinek Perricone Wojno

Dobb Jellema

Nays--0

In The Chair: Hertel

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 1945 PA 200, entitled "An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof," by amending sections 1, 2, 3, and 6 (MCL 565.101, 565.102, 565.103, and 565.106) and by adding sections 1a and 2a.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4238, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding sections 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, and 735; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 1, with amendments, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 6.)

(For amendments, see House Journal No. 37, p. 751.)

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. 295 Yeas--102

Agee Dobronski Kelly Price

Alley Fitzgerald Kukuk Profit

Anthony Frank LaForge Prusi

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Ciaramitaro Hood Nye Voorhees

Crissman Horton Olshove Walberg

Cropsey Jansen Owen Wallace

Curtis Jaye Oxender Wetters

Dalman Jelinek Palamara Whyman

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

Dobb Kaza

Nays--0

In The Chair: Gire

The House agreed to the title as amended.

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

Second Reading of Bills

House Bill No. 4444, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356, 356a, 356c, 356d, 362a, 377a, 380, 387, and 535 (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.362a, 750.377a, 750.380, 750.387, and 750.535), sections 356c and 356d as added by 1988 PA 20.

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. Curtis 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. 4445, entitled

A bill to amend 1931 PA 328, entitled "Michigan penal code," by amending sections 131, 157s, 157w, 174, 177, 178, 181, and 218 (MCL 750.131, 750.157s, 750.157w, 750.174, 750.177, 750.178, 750.181, and 750.218), section 131 as amended by 1984 PA 277 and section 157s as amended and section 157w as added by 1987 PA 276.

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. Nye 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. 4446, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2952 and 2953 (MCL 600.2952 and 600.2953), section 2952 as added by 1984 PA 276 and section 2953 as added by 1988 PA 50.

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. 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.

Notices

Rep. Jaye moved to discharge the Committee on Tax Policy from further consideration of HouseJoint ResolutionE and motion postponed for the day on April 15, see House Journal No. 29, p. 549.

(For first notice see House Journal No. 28, p. 533.)

The question being on the motion made previously by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the motion made previously by Rep. Jaye,

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

Roll Call No. 296 Yeas--51

Bankes Geiger Johnson Nye

Birkholz Gernaat Kaza Oxender

Bobier Gilmer Kukuk Perricone

Bodem Godchaux Law Raczkowski

Brackenridge Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Galloway Jellema Middleton

Nays--51

Agee DeHart LaForge Rison

Alley Dobronski Leland Schauer

Anthony Fitzgerald Mans Schermesser

Baade Frank Martinez Schroer

Baird Gagliardi Mathieu Scott

Bogardus Gire Murphy Tesanovich

Brater Gubow Olshove Thomas

Brewer Hale Owen Varga

Brown Hanley Palamara Vaughn

Callahan Harder Parks Wallace

Cherry Hertel Price Wetters

Ciaramitaro Hood Profit Wojno

Curtis Kelly Prusi

In The Chair: Gire

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, May 13, at 2:00 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, May 6:

Senate Bill Nos. 471 472 473 474 475 476 477 478 479

The Clerk announced that the following Senate bill had been received on Thursday, May 8:

Senate Bill No. 444

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Rocca, Wetters, Baade, Kelly, Hale, Middaugh, Dobronski, Schermesser, DeHart, Cherry, Tesanovich, Lowe, Gubow, Hanley, Martinez, Varga, Palamara, Kukuk, Gilmer, Perricone, Horton, McBryde, Dalman, Llewellyn, Goschka, Vaughn, Jansen, Anthony, Scranton, Profit, McNutt, Dobb, Jelinek, Rhead, Voorhees, Freeman, Bodem, Middleton, Parks, Oxender, Richner, Wallace, Scott and Cropsey offered the following resolution:

House Resolution No. 49.

A resolution honoring Clara Buckley upon the occasion of her 100th Birthday.

Whereas, It is a genuine pleasure to extend special greetings to Clara Buckley upon the occasion of her 100th birthday. We are grateful for this opportunity to join with the family and many friends of Clara Buckley as we honor an individual who truly understands the beauty of life in its challenges and triumphs; and

Whereas, Born on July 5, 1897, Clara Buckley grew up in a world quite different in many ways from the one we know today. In the span of her lifetime, tremendous cultural, sociological, and technological changes have transpired here in Michigan and elsewhere. Many of her 100 years were dedicated to work as a wife and mother. Her children, Virginia, Gordon, and Lawrence have had many fond memories of their mother and her loving ways. That Clara Buckley has lived and tasted life throughout this period has given her insight, experience, and wisdom few of us can fully appreciate; and

Whereas, It has been quite a while since Clara Buckley retired after many years at the State Unemployment Office in Detroit, yet her days are as busy as she wants them to be. For many years, she has found an outlet for her energy serving in various offices in the Detroit Auxiliary of the BPO Elks and at the Senior Center in Oak Park where she served two terms as President. Clara Buckley enjoys senior trips with the group and goes to lunch daily to different restaurants in the Detroit area. In April 1996, Clara Buckley received a Golden Oldie award from the Metro Detroit YMCA. Clara Buckley is also a member of the First United Methodist Church of Ferndale and attends every Sunday. It is our wish that these traditions continue well beyond the century mark; and

Whereas, By her example, through supportive words, and with the work of her heart, Clara Buckley shares love and kindness. She cares deeply for others and is willing to help whenever and wherever she can. Such a spirit of generosity and unselfishness is most welcome in our society today, as it has been for all of her 100 years; now, therefore, be it

Resolved by the House of Representatives, That we offer birthday greetings to Clara Buckley as she marks her 100th birthday. May the health and happiness her years so richly merit be with her always; and be it further

Resolved, That copies of this resolution be transmitted to Clara as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Rocca, Wetters, Baade, Kelly, Hale, Middaugh, Dobronski, Schermesser, DeHart, Cherry, Tesanovich, Lowe, Gubow, Hanley, Martinez, Varga, Palamara, Kukuk, Gilmer, Perricone, Horton, McBryde, Dalman, Llewellyn, Goschka, Vaughn, Jansen, Anthony, Scranton, Profit, McNutt, Dobb, Hammerstrom, Jelinek, Rhead, Voorhees, Freeman, Bodem, Parks, Oxender, Richner, Wallace, Scott and Cropsey offered the following resolution:

House Resolution No.50.

A resolution honoring Justin Patten for his achievement of receiving the Eagle Scout Award.

Whereas, It is with great respect for his accomplishment that we congratulate Justin Patten. He has displayed the traits that qualify him for the Boy Scouts' greatest achievement, the Eagle Scout Award, which he will receive at a Court of Honor on May 18, 1997. In this day when so much of the news concerning young people is negative, it is a pleasure and a privilege to honor an individual who brings a great pride to his family and community; and

Whereas, Justin Patten has followed in the footsteps of many young men who have utilized the principles learned in scouting to achieve high goals in their careers and to serve their communities and our nation with honor and integrity. Former President Gerald R. Ford was an Eagle Scout, as have been several other distinguished leaders and accomplished teachers, businessmen, and professionals; and

Whereas, With Troop 1443, Justin Patten has taken full advantage of the opportunities for personal growth that have made the Boy Scouts one of the most universally respected organizations in our country. Like those before him, Eagle Scout Justin Patten has displayed unselfishness and eagerness to accept responsibility. Justin Patten, son of Terry and Catherine, has followed this tradition through the positions he has held with his troop, his participation in civic activities, and the completion of his Eagle service project. In addition to his own merit badges, he has helped other scouts work on theirs; and

Whereas, The famed Boy Scout motto, "Be Prepared," takes on new meaning when meeting an Eagle Scout like Justin Patten. Through this accomplishment, there can be little doubt that he is well prepared to take on the challenges that await him in adulthood. Clearly, the lessons he learned with Troop 1443 will long continue to reap many rewards; and

Whereas, One basic requirement for earning the Eagle badge is to demonstrate responsibility and leadership through the successful completion of an Eagle service project which will be of benefit to the community. By performing a number of tasks, Justin Patten organized a bottle drive, with the proceeds helping to feed homeless citizens at MCREST. In meeting this requirement for becoming an Eagle Scout through such a dedicated effort, Justin Patten has proven to his scout troop, his community, and most importantly to himself, that he is the caliber of young man who can identify a need and take leadership in planning, implementing, and seeing it through to completion; now, therefore, be it

Resolved by the House of Representatives, That we hereby congratulate Justin Patten as he becomes an Eagle Scout. We challenge him to continue his excellent efforts in all aspects of life; and be it further

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

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Thomas, Hale, Parks, Kilpatrick, Leland, Vaughn, Murphy, Quarles, Rison, Wetters, Baade, Kelly, Middaugh, Dobronski, Harder, Schermesser, DeHart, Cherry, Tesanovich, Gubow, Hanley, Martinez, Varga, Palamara, Baird, Kukuk, Gilmer, McBryde, Dalman, Brackenridge, Llewellyn, Goschka, Jansen, Rocca, Anthony, Scranton, Profit, McNutt, Dobb, Hammerstrom, Hood, Jelinek, Voorhees, Schauer, Freeman, Bankes, Bodem, Oxender, Richner, Wallace, Scott, Cropsey and Olshove offered the following resolution:

House Resolution No.51.

A resolution to commemorate May 31, 1997, as Childhood Cancer Survivor's Day.

Whereas, Today, over 200,000 Americans are survivors of childhood cancer, thanks to advances in early cancer detection, treatment and research; and

Whereas, Children's Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active and productive cancer survivor population, demonstrating that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, Communities all across America will be celebrating life on Sunday, June 1, as part of the world's largest cancer survivor event, the tenth annual National Cancer Survivor's Day; now, therefore, be it

Resolved by the House of Representatives, That May 31, 1997, be proclaimed as Childhood Cancer Survivor's Day in the State of Michigan, and urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to Children's Hospital of Michigan as evidence of our support for their endeavors.

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. McNutt, Wetters, Baade, Kelly, Hale, Middaugh, Dobronski, Harder, Schermesser, DeHart, Cherry, Tesanovich, Lowe, Gubow, Wojno, Hanley, Martinez, Varga, Palamara, Baird, Kukuk, Gilmer, Perricone, Horton, McBryde, Dalman, Brackenridge, Llewellyn, Goschka, Vaughn, Jansen, Rocca, Anthony, Scranton, Profit, Dobb, Hammerstrom, Hood, Gagliardi, Jelinek, Rhead, Voorhees, Schauer, Freeman, Bankes, Bodem, Middleton, Crissman, Oxender, Richner, Wallace, Scott, Cropsey and Olshove offered the following resolution:

House Resolution No.52.

A resolution to commemorate National Police Week in Michigan, the week of May 15, 1997, and to honor National Police Officers Memorial Day.

Whereas, Michigan's law enforcement officers undertake a demanding and dangerous job every day they put on their uniform. They have been sworn to uphold our laws and to protect our lives and property from harm. Our ability to live as free citizens is completely dependent on the faithful performance of their duties. Our law enforcement officers have been exemplary public servants, and National Police Week is another reminder of the dangers that they face. National Police Officers Memorial Day, which is observed during this week, is a special reminder of the officers who have fallen in the line of duty and deserve our recognition; and

Whereas, In 1962, President John F. Kennedy proclaimed the week of May 15th as National Police Week with one day set aside as National Police Officers Memorial Day. This proclamation has helped us focus on the sacrifices made by our police officers over the last three decades and remains a symbol of our nation's commitment to them; and

Whereas, We appreciate support of our state's police officers who have earned our sincere thanks. As we go about our business, let us pause to remember both the officers who died while protecting us and those who have lost a family member; now, therefore, be it

Resolved by the House of Representatives, That we commemorate this year's observance of National Police Week and National Police Officers Memorial Day. May police officers across our state know of our deep appreciation for their public service and their sacrifice; and be it further

Resolved, That a copy of this resolution be transmitted to organizers of the events commemorating this special week.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Callahan, Freeman, Mans, Dobb, Wojno, Willard, Bogardus, Brewer, McBryde, Goschka, Martinez, Brater, Bankes, DeHart, LaForge, Baade, Kelly, Hale, Middaugh, Dobronski, Harder, Schermesser, Cherry, Tesanovich, Gubow, Hanley, Varga, Palamara, Baird, Kukuk, Dalman, Llewellyn, Vaughn, Murphy, Anthony, Scranton, Profit, Jelinek, Voorhees, Bodem, Richner, Wallace, Scott, Cropsey and Olshove offered the following resolution:

House Resolution No.53.

A resolution to recognize the 80th Convention of the Michigan Federation of Music Clubs, meeting in Convention on May 21, 1997.

Whereas, The Michigan Federation of Music Clubs has a long history of promoting music in Michigan for all its citizens, as an affiliate of the National Federation of Music Clubs. Since its founding in 1898, the National Federation of Music Clubs has become America's largest philanthropic musical organization in the world with a membership of some 500,000 spread out among 5,000 senior, student and junior organizations; and

Whereas, The Michigan Federation of Music Clubs was first formed in 1916 in Detroit, with a purpose of making music a force in the cultural life of our state and nation; and

Whereas, The Michigan Federation of Music Clubs continues to provide high quality programs presented by their talented members and guest artists; and

Whereas, The Michigan Federation of Music Clubs since 1924 has provided many scholarships and awards through its Scholarship Fund, allowing serious music students to further their educations and talents; and

Whereas, The Michigan Federation of Music Clubs celebrates its 80th year at its 80th Convention, hosted by the 112-year-old Tuesdale Musicale this May 21st; now, therefore , be it

Resolved by the House of Representatives, That we salute the Michigan Federation of Music Clubs on its 80th anniversary of service and its 80th Convention, and thank the Federation and its members for their dedication to music in our state; and be it further

Resolved, That copies of this resolution be delivered to the Michigan Federation of Music Clubs at its 80th Convention.

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. Callahan, Profit, Freeman, Mans, Wojno, Willard, Bogardus, Brewer, McBryde, Goschka, Martinez, Brater, DeHart, Brown, LaForge, Wetters, Baade, Kelly, Hale, Dobronski, Harder, Schermesser, Cherry, Tesanovich, Prusi, Lowe, Gubow, Hanley, Varga, Palamara, Baird, Kukuk, Gilmer, Dalman, Vaughn, Murphy, Rocca, Anthony, Scranton, Hammerstrom, Jelinek, Rhead, Schauer, Bankes, Wallace, Scott and Olshove offered the following resolution:

House Resolution No. 54.

A resolution to memorialize the Congress of the United States to prohibit the transportation of solid waste for disposal from any state to another unless the sending state has standards at least as stringent as the receiving state.

Whereas, Michigan has long been sensitive to the vulnerability of our natural resources. Our unique location amid the Great Lakes has generated public support for high standards of environmental protection in several areas, including the disposal of solid wastes; and

Whereas, While other states and regions of the country share Michigan's concerns, some do not have the same level of commitment in their standards of environmental protection. As a result, there is significant disparity among the states on the requirements for transporting, storing, and disposing of solid wastes. The inequity of standards has served to encourage some states to export their solid waste. The ultimate result of this situation is to discourage, rather than encourage, protection of the nation's water and soil for future generations. Instead, the current practices penalize states like Michigan and those with tougher environmental standards; and

Whereas, Michigan is on record in supporting changes in federal law to permit states to regulate the flow of solid waste. A component of any congressional response to this situation must be to prohibit a state from exporting solid wastes to a state with a less strict regulatory system of waste transportation and disposal than the state generating the waste. Only with this provision can our country protect the health and safety of the public and the environment. This requirement, while short of the goal of complete regulatory authority for the states, would stop practices that threaten the receiving states and unfairly burden them; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to prohibit the transportation of solid waste for disposal from any state to another unless the sending state has standards at least as stringent as the receiving state; and be it further

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

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

Reps. Callahan, Profit, Freeman, Wojno, Willard, Bogardus, Brewer, McBryde, Goschka, Martinez, Brater, DeHart, Brown, LaForge, Wetters, Baade, Kelly, Hale, Dobronski, Harder, Schermesser, Cherry, Tesanovich, Prusi, Lowe, Gubow, Hanley, Varga, Palamara, Baird, Kukuk, Gilmer, Dalman, Vaughn, Murphy, Rocca, Anthony, Scranton, Hammerstrom, Jelinek, Rhead, Schauer, Bankes, Wallace, Scott and Olshove offered the following concurrent resolution:

House Concurrent Resolution No. 39.

A concurrent resolution to memorialize the Congress of the United States to prohibit the transportation of solid waste for disposal from any state to another unless the sending state has standards at least as stringent as the receiving state.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to prohibit the transportation of solid waste for disposal from any state to another unless the sending state has standards at least as stringent as the receiving state; and be it further

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

Reports of Standing Committees

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4051, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 698 (MCL 257.698), as amended by 1994 PA 101.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 4, line 6, after "(7)," by striking out "a hearse or funeral coach,".

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

"(G) A VEHICLE ENGAGED IN LEADING OR ESCORTING A FUNERAL PROCESSION OR ANY VEHICLE THAT IS PART OF A FUNERAL PROCESSION MAY BE EQUIPPED WITH FLASHING, ROTATING, OR OSCILLATING PURPLE OR AMBER LIGHTS WHICH SHALL NOT BE ACTIVATED EXCEPT DURING A FUNERAL PROCESSION." and relettering the remaining subdivisions.

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

Favorable Roll Call

HB 4051 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Galloway, Green, Middleton,

Nays: None.

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4573, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 5, after "$150.00" by inserting "BUT NOT MORE THAN $200.00".

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

Favorable Roll Call

HB 4573 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Gernaat,

Nays: Reps. Galloway, Middleton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 7, 1997, at 5:05 p.m.,

Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Absent: Rep. Schauer,

Excused: Rep. Schauer.

The Committee on Mental Health, by Rep. Baird, Chair, reported

House Bill No. 4753, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 160 (MCL 330.1100a and 330.1160), section 100a as added by 1995 PA 290 and section 160 as added by 1983 PA 249.

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 4753 To Report Out:

Yeas: Reps. Baird, Brater, Gubow, LaForge, Wallace, Cassis, Hammerstrom,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:

Meeting held on: Wednesday, May 7, 1997, at 12:00 Noon,

Present: Reps. Baird, Brater, Gubow, LaForge, Wallace, Scranton, Cassis, Green, Hammerstrom.

Messages from the Senate

Senate Bill No. 74, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2246.