hj05147t.042

No. 42

JOURNAL OF THE HOUSE

House Chamber, Lansing, Wednesday, May 14, 1997.

2:00 p.m.

The House was called to order by the Speaker.

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--excused

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--excused

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--e/d/s

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--excused

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

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. Allen Petroelje, Pastor, First Christian Reformed Church, Fremont, offered the following invocation:

"Almighty God, We bring You our praise and prayer. As King David prayed long ago, 'Yours, O Lord, is the greatness and the power and the glory and the majesty and splendor, for everything in heaven and earth is Yours . . . wealth and honor come from You; You are the Ruler of all things. In Your hands are strength and power to exalt and give strength to all. We give You thanks and praise Your glorious name.'

We thank You for Your great mercy. We have transgressed against Your commandments. We have been more concerned with our happiness than Your holiness. Thank You for not giving us what our sins deserve. May Your patience with us not make us indifferent to Your will. Stir our consciences with Your word and spirit lest we become complacent and invite Your judgments. Convict us of the truth that 'righteousness exalts a nation but sin is a reproach to any people'.

We are grateful for Your kindness and generosity. The wealth and beauty with which You have endowed this state bears eloquent witness to Your goodness. We thank You for abundant natural resources, for productive farms and forests, for lakes and streams that provide food and fun, for safe and loving homes, for schools where knowledge is sought and truth embraced, for businesses and factories that supply goods and services for our citizens, for agencies that help the sick and the poor.

We thank You for the government which You have been pleased to give us in Your providence. Help us to cherish the precious gifts of freedom and peace. We thank You for our leaders, the people whom You have appointed to serve as Your representatives to govern the citizens of this state and country.

As the Mighty Sovereign over all and the source of all wisdom and truth, we ask that You will give blessing to this body assembled here as they take up their tasks today. Help them to humbly exercise the authority that You have given to them. As they make laws, may they do so in the light of Your law. Grant them much wisdom to discern the issues that are before them. May they be alert to temptations that would divert them from their holy calling. May their work be characterized by integrity and righteousness. May their zeal for justice be tempered with compassion. Grant them safety and health. Bless them with strength to bear up under heavy responsibilities. Help them to work patiently and lovingly with one another.

We pray blessing on our Governor and other state officials and our justices. May their decisions preserve good order and provide safety and justice to all our citizens. We pray for the people of this state. Continue to deal with us in Your mercy, and grant us Your blessings only if they help us to do Your will. May Your gifts never bring Your judgments because of our ingratitude and disobedience. Help us all to be faithful to You wherever You have placed us to serve--until at last we appear before Your throne to account for our lives.

Be pleased to hear us in the name of Him who is the Savior of His People and the King of Kings, Our Lord Jesus Christ, Amen."

______

Rep. Dobronski moved that Reps. Kilpatrick and Rison be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. Birkholz and Dalman be excused from today's session.

The motion prevailed.

The Speaker called the Speaker Pro Tempore to the Chair.

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 25.

A concurrent resolution to memorialize the President and the Congress of the United States to work for the admission of Latvia, Estonia, and Lithuania into the North Atlantic Treaty Organization.

(For text of resolution, see House Journal No. 36, p. 733.)

(The concurrent resolution was reported by the Committee on House Oversight and Ethics on May 13, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

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

______

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

The motion prevailed.

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

Roll Call No. 338 Yeas--98

Agee Fitzgerald Kukuk Price

Alley Frank LaForge Profit

Anthony Freeman Law Prusi

Baade Gagliardi Leland Quarles

Baird Galloway LeTarte Raczkowski

Bankes Geiger Llewellyn Rhead

Bobier Gernaat London Richner

Bodem Gire Lowe Rocca

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Gubow McBryde Scott

Brown Gustafson McManus Scranton

Byl Hale McNutt Sikkema

Callahan Hammerstrom Middaugh Stallworth

Cassis Hanley Middleton Tesanovich

Cherry Harder Murphy Thomas

Ciaramitaro Hood Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Jansen Owen Walberg

Curtis Jelinek Oxender Wallace

DeHart Jellema Palamara Whyman

DeVuyst Johnson Parks Willard

Dobb Kaza Perricone Wojno

Dobronski Kelly

Nays--1

Jaye

In The Chair: Murphy

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. Emerson entered the House Chambers.

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

Roll Call No. 339 Yeas--101

Agee Frank Kelly Price

Anthony Freeman Kukuk Profit

Baade Gagliardi LaForge Prusi

Baird Galloway Law Quarles

Bankes Geiger Leland Raczkowski

Bobier Gernaat LeTarte Rhead

Bodem Gilmer Llewellyn Richner

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Gubow Mathieu Scott

Byl Gustafson McBryde Scranton

Callahan Hale McManus Sikkema

Cassis Hammerstrom McNutt Stallworth

Cherry Hanley Middaugh Tesanovich

Ciaramitaro Harder Middleton Thomas

Crissman Hood Murphy Varga

Cropsey Horton Nye Vaughn

Curtis Jansen Olshove Voorhees

DeHart Jaye Owen Wallace

DeVuyst Jelinek Oxender Wetters

Dobb Jellema Palamara Whyman

Dobronski Johnson Parks Willard

Emerson Kaza Perricone Wojno

Fitzgerald

Nays--0

In The Chair: Murphy

The House agreed to the title of the bill.

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

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

House Bill No. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 340 Yeas--102

Agee Frank Kelly Price

Alley Freeman Kukuk Profit

Anthony Gagliardi LaForge Prusi

Baade Galloway Law Quarles

Baird Geiger Leland Raczkowski

Bankes Gernaat LeTarte Rhead

Bobier Gilmer Llewellyn Richner

Bogardus Gire London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scott

Byl Gubow McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Ciaramitaro Hanley Middleton Thomas

Crissman Harder Murphy Vaughn

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Walberg

DeHart Jansen Owen Wallace

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald Kaza

Nays--0

In The Chair: Murphy

The House agreed to the title of the bill.

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

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

House Bill No. 4509, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 8.

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

Roll Call No. 341 Yeas--99

Agee Fitzgerald Johnson Perricone

Alley Frank Kaza Price

Anthony Freeman Kelly Profit

Baade Gagliardi Kukuk Prusi

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

Brewer Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale McNutt Thomas

Ciaramitaro Hammerstrom Middaugh Varga

Crissman Hanley Middleton Vaughn

Cropsey Harder Murphy Voorhees

Curtis Hood Nye Walberg

DeHart Horton Olshove Wallace

DeVuyst Jansen Owen Wetters

Dobb Jaye Oxender Whyman

Dobronski Jelinek Palamara Wojno

Emerson Jellema Parks

Nays--3

LaForge Schroer Willard

In The Chair: Murphy

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

House Bill No. 4454, entitled

A bill to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts.

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

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

Reps. Anthony and Varga moved to amend the bill as follows:

1. Amend page 17, line 12, after "requirements." by inserting "The authorized distribution agent shall provide retailers access to a computer application that includes the capability to determine whether certain spirits are currently available for delivery.".

2. Amend page 17, line 15, after "case" by inserting "except that if the authorized distribution agent does not have sufficient stock to fill a retailer's order that otherwise meets the minimum requirements, the authorized distribution agent shall fill the partial order in as timely a manner as if the delivery met the minimum requirements".

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

Rep. Varga 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. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

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

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

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

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

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

The motion prevailed.

Senate Bill No. 340, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending sections 11, 18, 19, 20, 23, 25, and 31 (MCL 567.231, 567.238, 567.239, 567.240, 567.243, 567.245, and 567.251); and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Tax Policy (for amendment, see House Journal No. 36, p. 728),

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 1, line 7, after "for" by striking out "5" and inserting "7".

2. Amend page 1, line 8, after "within" by striking out "5" and inserting "7".

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

Rep. McBryde demanded the yeas and nays.

The demand was supported.

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

Rep. Profit moved that consideration of the bill be postponed for the day.

The motion prevailed.

House Bill No. 4295, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3113 (MCL 324.3113) and by adding section 3111a.

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

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 1, line 11, after "OR A" by inserting "NEW".

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

Rep. Bogardus 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. 4295, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3113 (MCL 324.3113) and by adding section 3111a.

The bill was read a third time.

The question being on the passage of the bill,

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

Second Reading of Bills

House Bill No. 4465, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 54.

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. 36, p. 730),

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

Rep. Jellema moved to amend the bill as follows:

1. Amend page 11, line 15, after "SYSTEM" by striking out the balance of the subdivision and inserting "IF A PRIMARY PURPOSE OF THE EXPANSION IS TO ACCOMMODATE FUTURE DEVELOPMENT.".

2. Amend page 12, following line 25, by inserting:

"(8) A PROJECT PLAN SHALL NOT HAVE AS A PRIMARY PURPOSE THE CONSTRUCTION OF OR EXPANSION OF A WATERWORKS SYSTEM TO ACCOMMODATE FUTURE DEVELOPMENT.".

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

Rep. Jellema 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. 4466, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending the title and sections 1, 3, 7, 8, 13, 25, and 27 (MCL 141.1051, 141.1053, 141.1057, 141.1058, 141.1063, 141.1075, and 141.1077), the title and sections 3, 8, 13, and 27 as amended by 1996 PA 241, section 7 as amended by 1996 PA 391, and section 25 as amended by 1988 PA 316, and by adding section 16b.

The bill was read a second time.

Rep. Jellema 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. 51, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40113a (MCL 324.40113a), as added by 1996 PA 377.

The bill was read a second time.

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

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

House Bill No. 4005, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21054u.

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

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

Rep. Schauer 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. 4006, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406f.

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

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

Rep. Schauer 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. 4415, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

The bill was read a second time.

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

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

The House returned to the consideration of

House Bill No. 4290, entitled

(Was read a second time, substitute (H-1) adopted and bill postponed temporarily earlier today, see today's Journal, p. 888.)

Rep. Brown moved to amend the bill as follows:

1. Amend page 5, line 12, after "dealer." by inserting "In the case of a service dealer who provides for an in-home service call for the repair, service, or maintenance of an appliance and who is required to warrant a specific service or repair of an appliance as described in subsection (1), the service dealer shall make a return in-home service call unless otherwise agreed to by the customer.".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 1, line 6, after "compactor," by inserting "video cassette recorder, television, stereo component, computer,".

2. Amend page 4, line 2, after "part." by inserting "Upon request, a customer may inspect a part retained by the service dealer.".

Rep. Bankes moved that the amendments be considered separately.

The motion prevailed.

The question being on the adoption of the amendment No. 1 offered by Rep. Brown,

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 No. 2 offered by Rep. Brown,

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

Rep. Bankes 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. 4646, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Senior Citizens and Veterans Affairs (for amendment, see House Journal No. 39, p. 795),

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

Rep. Brown 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. 4646, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4606, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending sections 102, 103, 201, 202, 203, 204, 206, 207, 213, 301, 302, 303, 304, 305, 307, 308, 401, 402, 403, 404, 405, 501, 502, 503, 506, 509, 701, 702, 703, 704, 705, 706, 801, 808, 901, 902, 903, 909, 910, 1002, and 1101 (MCL 450.4102, 450.4103, 450.4201, 450.4202, 450.4203, 450.4204, 450.4206, 450.4207, 450.4213, 450.4301, 450.4302, 450.4303, 450.4304, 450.4305, 450.4307, 450.4308, 450.4401, 450.4402, 450.4403, 450.4404, 450.4405, 450.4501, 450.4502, 450.4503, 450.4506, 450.4509, 450.4701, 450.4702, 450.4703, 450.4704, 450.4705, 450.4706, 450.4801, 450.4808, 450.4901, 450.4902, 450.4903, 450.4909, 450.4910, 450.5002, and 450.5101), sections 701, 702, 703, 705, and 706 as amended by 1994 PA 410, and by adding sections 515, 705a, and 707.

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

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.

Rep. Gagliardi moved that House Bill No. 4454 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. 4454, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Gagliardi moved to amend the bill as follows:

1. Amend page 20, following line 19, by inserting:

"(12) Notwithstanding any other provision of this section, the commission shall enter into a performance contract with each authorized distribution agent.".

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

The question being on the passage of the bill,

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

Roll Call No. 342 Yeas--105

Agee Frank Kaza Price

Alley Freeman Kelly Profit

Anthony Gagliardi Kukuk Prusi

Baade Galloway LaForge Quarles

Baird Geiger Law Raczkowski

Bankes Gernaat Leland Rhead

Bobier Gilmer LeTarte Richner

Bodem Gire Llewellyn Rocca

Bogardus Godchaux London Schauer

Brackenridge Goschka Lowe Schermesser

Brater Green Mans Schroer

Brewer Griffin Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Vaughn

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Walberg

DeHart Jansen Owen Wallace

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald

Nays--0

In The Chair: Murphy

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.

The House returned to the consideration of

House Bill No. 4295, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3113 (MCL 324.3113) and by adding section 3111a.

(The bill was considered earlier today, see today's Journal, p. 889.)

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. 343 Yeas--103

Agee Frank Kelly Profit

Alley Freeman Kukuk Prusi

Anthony Gagliardi LaForge Quarles

Baade Galloway Law Raczkowski

Baird Geiger Leland Rhead

Bankes Gernaat LeTarte Richner

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Vaughn

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Walberg

DeHart Jansen Owen Wallace

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald Kaza Price

Nays--0

In The Chair: Murphy

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3113 (MCL 324.3113).

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Alley, Baade, Baird, Bodem, Brown, Ciaramitaro, Dobronski, Freeman, Gagliardi, Gernaat, Hanley, Harder, Jellema, Kukuk, Law, Murphy, Oxender, Palamara, Price, Profit, Prusi, Rhead, Rocca, Schermesser, Schroer, Scott, Stallworth, Varga, Vaughn, Wallace, Wetters and Wojno were named co-sponsors of the bill.

The House returned to the consideration of

House Bill No. 4646, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).

(The bill was considered earlier today, see today's Journal, p. 891.)

The question being on 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. 344 Yeas--101

Agee Fitzgerald Kelly Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rocca

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Varga

Ciaramitaro Harder Murphy Vaughn

Crissman Hood Nye Voorhees

Cropsey Horton Olshove Walberg

Curtis Jansen Oxender Wallace

DeHart Jaye Palamara Wetters

DeVuyst Jelinek Parks Whyman

Dobb Jellema Perricone Willard

Dobronski Kaza Price Wojno

Emerson

Nays--1

Owen

In The Chair: Murphy

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. Price asked and obtained an excuse from tomorrow's session.

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

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, Monday, May12:

Senate Bill Nos. 481 482 483 484 485 486 487 488 489 493 494

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 14:

House Bill Nos. 4763 4764 4765 4766 4767 4768 4769 4770 4771 4773 4774

The Clerk announced that the following Senate bills had been received on Wednesday, May 14:

Senate Bill Nos. 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 4049, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 518.

The committee recommended that the bill be referred to the Committee on Forestry and Mineral Rights.

Favorable Roll Call

HB 4049 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Middaugh, Bodem, Byl, McManus, McNutt, Walberg,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Forestry and Mineral Rights.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 4204, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

The committee recommended that the bill be referred to the Committee on Forestry and Mineral Rights.

Favorable Roll Call

HB 4204 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Middaugh, Bodem, Byl, McManus, McNutt, Walberg,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Forestry and Mineral Rights.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 4382, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8905a (MCL 324.8905a), as added by 1995 PA 111; and to repeal acts and parts of acts.

The committee recommended that the bill be referred to the Committee on Forestry and Mineral Rights.

Favorable Roll Call

HB 4382 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Middaugh, Bodem, Byl, McManus, McNutt, Walberg,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Forestry and Mineral Rights.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 4522, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as added by 1995 PA 58.

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

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

Favorable Roll Call

HB 4522 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Middaugh, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Resolution No. 39.

A resolution to memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills.

(For text of resolution, see House Journal No. 34, p. 690.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 39 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Schermesser, Middaugh, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Concurrent Resolution No. 37.

A concurrent resolution to memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills.

(For text of resolution, see House Journal No. 34, p. 690.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 37 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Schermesser, Middaugh, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 1997, at 10:30 a.m.,

Present: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Middaugh, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Absent: Reps. Gire, Kilpatrick, Wetters, Birkholz,

Excused: Reps. Gire, Kilpatrick, Wetters, Birkholz.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4440, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 273 (MCL 206.273), as added by 1988 PA 516.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4440 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wojno, Perricone, Cassis, Dobb, Middleton, Whyman,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4773, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

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

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

Favorable Roll Call

HB 4773 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 14, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Absent: Reps. Wallace, Wetters,

Excused: Reps. Wallace, Wetters.

The Committee on Education, by Rep. Gire, Chair, reported

House Bill No. 4395, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 502, 503, 504a, 512, 513, and 514a (MCL 380.502, 380.503, 380.504a, 380.512, 380.513, and 380.514a), as amended by 1995 PA 289, and by adding sections 503b and 513b.

With the recommendation that the substitute (H-3) 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 4395 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott,

Nays: Reps. Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.

The Committee on Education, by Rep. Gire, Chair, reported

House Bill No. 4774, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1234 (MCL 380.1234).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4774 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Absent: Reps. Kilpatrick, Dalman,

Excused: Reps. Kilpatrick, Dalman.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 14, 1997, at 9:00 a.m.,

Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Palamara, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg.

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 14, 1997, at 12:00 Noon,

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

Absent: Rep. Wallace,

Excused: Rep. Wallace.

Messages from the Senate

Senate Bill No. 352, entitled

A bill to amend 1976 PA 220, entitled "Michigan handicappers' civil rights act," by amending the title and sections 101, 102, 103, 202, 203, 204, 205, 206, 208, 209, 210, 211, 302, 402, 403, 502, 504, 505, 506, 506a, 507, 604, and 606 (MCL 37.1101, 37.1102, 37.1103, 37.1202, 37.1203, 37.1204, 37.1205, 37.1206, 37.1208, 37.1209, 37.1210, 37.1211, 37.1302, 37.1402, 37.1403, 37.1502, 37.1504, 37.1505, 37.1506, 37.1506a, 37.1507, 37.1604, and 37.1606), the title and sections 103, 502, and 504 as amended and section 506a as added by 1992 PA 123, sections 102 and 606 as amended and sections 210 and 211 as added by 1990 PA 121, and sections 204 and 402 as amended and section 209 as added by 1980 PA 478.

The Senate has passed the bill.