No. 28

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, March 19, 1998.

10:00 a.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

Basham--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--e/d/s

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--excused

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--e/d/s

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Pastor Ronald Wiggin, from the First Baptist Church in Caro, offered the following invocation:

"I would like to read a couple of verses from Psalm 25:

To You O Lord I lift up my soul. O my God I trust in You:
let me not be ashamed, let not my enemies triumph over me.
And let no one who waits on You be ashamed: let those be
ashamed who deal treacherously without cause. Show me
Your ways, O Lord; teach me Your paths. Lead me in Your
truth, and teach me: for You are the God of my salvation; on
You I wait all the day.

Father we do wait for You today, and we pray that You would teach us Your paths. Teach us the way to go. We thank You for these men and women who are giving this portion of their lives to public service, to work for the interest of the State of Michigan. And Lord we pray that as they do so they also work to bring honor and glory to Your Name. We thank You we live in a country where You are recognized, even in this way. And Father we pray that that might continue to be the case, and we pray that we might follow You, that we might always give You the exalted position in our lives that You deserve. And we pray that that might show up in our state and in our nation. Thank You once again for the opportunity to be here and we ask Your blessing upon the proceedings this day. Father, that You might be pleased about everything that is said and done during this time. For we ask this in the Name of the Lord Jesus Christ. Amen."

______

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

The motion prevailed.

Rep. Hammerstrom moved that Reps. McManus and Nye be excused from today's session.

The motion prevailed.

Notices

March 19, 1998

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

Sincerely,

Curtis Hertel

Speaker of the House

______

The Speaker called Acting Speaker Hanley to the Chair.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 143.

A resolution to memorialize the Congress of the United States to enact legislation to create a moratorium on new national, state, and local taxes on the Internet.

(For text of resolution, see House Journal No. 73 of 1997, p. 1974.)

(The resolution was reported by the Committee on Tax Policy on March 11, with substitute (H-1), consideration of which was postponed until March 12 under the rules; committee substitute (H-1) adopted, amendments offered and resolution postponed temporarily on March 18, see House Journal No. 27, p. 477.)

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

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

Rep. Sikkema moved to reconsider the vote by which the House adopted the amendments.

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

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

Rep. Sikkema moved that consideration of the resolution be postponed temporarily.

The motion prevailed.

Third Reading of Bills

House Bill No. 4366, entitled

A bill to amend 1984 PA 427, entitled "Municipal employees retirement act of 1984," (MCL 38.1501 to 38.1555) by adding section 10b.

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

Roll Call No. 178 Yeas--101

Agee Fitzgerald Johnson Prusi

Alley Frank Kaza Quarles

Anthony Freeman Kilpatrick Raczkowski

Baade Gagliardi Kukuk Rhead

Baird Galloway LaForge Richner

Basham Geiger Law Rison

Birkholz Gernaat Leland Rocca

Bobier Gilmer LeTarte Sanborn

Bodem Gire Llewellyn Schauer

Bogardus Godchaux London Schermesser

Brackenridge Goschka Lowe Schroer

Brater Green Martinez Scott

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McNutt Tesanovich

Callahan Hale Middaugh Thomas

Cassis Hammerstrom Middleton Varga

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Olshove Voorhees

Crissman Hertel Owen Walberg

Cropsey Hood Oxender Wallace

Curtis Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobronski Jellema Price Wojno

Emerson

Nays--1

Kelly

In The Chair: Hanley

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. Profit entered the House Chambers.

Rep. Dobb entered the House Chambers.

House Bill No. 4367, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section19g.

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.

House Bill No. 4368, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," (MCL 38.1001 to 38.1080) by adding section 23f.

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

Roll Call No. 179 Yeas--100

Agee Dobronski Johnson Prusi

Alley Emerson Kaza Quarles

Anthony Fitzgerald Kelly Raczkowski

Baade Frank Kilpatrick Rhead

Baird Freeman Kukuk Richner

Basham Gagliardi LaForge Rison

Birkholz Galloway Law Rocca

Bobier Geiger Leland Sanborn

Bodem Gernaat LeTarte Schauer

Bogardus Gilmer Llewellyn Schermesser

Brackenridge Godchaux London Schroer

Brater Goschka Lowe Scott

Brewer Green Martinez Scranton

Brown Griffin Mathieu Sikkema

Byl Gubow McBryde Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Vaughn

Ciaramitaro Hanley Olshove Voorhees

Crissman Harder Owen Walberg

Cropsey Hood Oxender Wallace

Curtis Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Nays--0

In The Chair: Hanley

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. 4369, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1996 PA 390.

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

Roll Call No. 180 Yeas--99

Agee Dobb Kaza Quarles

Alley Dobronski Kilpatrick Raczkowski

Anthony Fitzgerald Kukuk Richner

Baade Frank LaForge Rison

Baird Freeman Law Rocca

Bankes Galloway Leland Sanborn

Basham Geiger LeTarte Schauer

Birkholz Gernaat Llewellyn Schermesser

Bobier Gilmer London Schroer

Bodem Godchaux Lowe Scott

Bogardus Goschka Martinez Scranton

Brackenridge Green Mathieu Sikkema

Brater Griffin McBryde Stallworth

Brewer Gubow Middaugh Tesanovich

Brown Gustafson Middleton Thomas

Byl Hale Murphy Varga

Callahan Hammerstrom Olshove Vaughn

Cassis Hanley Owen Voorhees

Cherry Harder Oxender Walberg

Ciaramitaro Hood Palamara Wallace

Crissman Horton Parks Wetters

Cropsey Jansen Perricone Whyman

Curtis Jelinek Price Willard

DeHart Jellema Profit Wojno

DeVuyst Johnson Prusi

Nays--1

Kelly

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Senate Bill No. 38, entitled

A bill to regulate benefits provided to certain public employee retirement system participants in this state; and to prescribe powers and duties of certain retirement systems, state departments, public officials, and public employees.

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

Roll Call No. 181 Yeas--102

Agee Emerson Kelly Quarles

Alley Fitzgerald Kilpatrick Raczkowski

Anthony Frank Kukuk Rhead

Baade Freeman LaForge Richner

Baird Gagliardi Law Rison

Bankes Galloway Leland Rocca

Basham Geiger LeTarte Sanborn

Birkholz Gernaat Llewellyn Schauer

Bobier Gilmer London Schermesser

Bodem Godchaux Lowe Schroer

Bogardus Goschka Martinez Scott

Brackenridge Green Mathieu Scranton

Brater Griffin McBryde Sikkema

Brewer Gubow Middaugh Stallworth

Brown Gustafson Middleton Tesanovich

Byl Hale Murphy Thomas

Callahan Hammerstrom Olshove Varga

Cassis Hanley Owen Vaughn

Cherry Harder Oxender Voorhees

Ciaramitaro Hood Palamara Walberg

Crissman Horton Parks Wallace

Cropsey Jansen Perricone Wetters

Curtis Jelinek Price Whyman

DeHart Jellema Profit Willard

DeVuyst Johnson Prusi Wojno

Dobb Kaza

Nays--0

In The Chair: Hanley

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. 5576, entitled

A bill to provide for the regulation of contracts between persons publicly performing or broadcasting copyrighted nondramatic musical works under certain circumstances; to provide for recognition of certain agents and employees of performing rights societies; to impose certain fees; to provide for certain powers and duties for certain state agencies and departments; and to prescribe penalties and provide remedies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Walberg moved to amend the bill as follows:

1. Amend page 7, line 25, by striking out all of line 25 through "to," on line 26 and inserting "the purpose of".

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. 182 Yeas--104

Agee Dobronski Kaza Prusi

Alley Emerson Kelly Quarles

Anthony Fitzgerald Kilpatrick Raczkowski

Baade Frank Kukuk Rhead

Baird Freeman LaForge Richner

Bankes Gagliardi Law Rison

Basham Galloway Leland Rocca

Birkholz Geiger LeTarte Sanborn

Bobier Gernaat Llewellyn Schauer

Bodem Gilmer London Schermesser

Bogardus Godchaux Lowe Schroer

Brackenridge Goschka Martinez Scott

Brater Green Mathieu Scranton

Brewer Griffin McBryde Sikkema

Brown Gubow McNutt Stallworth

Byl Gustafson Middaugh Tesanovich

Callahan Hale Middleton Thomas

Cassis Hammerstrom Murphy Varga

Cherry Hanley Olshove Vaughn

Ciaramitaro Harder Owen Voorhees

Crissman Hood Oxender Walberg

Cropsey Horton Palamara Wallace

Curtis Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Nays--0

In The Chair: Hanley

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 212.

A resolution to memorialize the Congress of the United States to enact legislation to increase the cap on low-income housing credits.

(For text of resolution, see House Journal No. 11, p. 162.)

(The resolution was reported by the Committee on Urban Policy and Economic Development on March 12, consideration of which was postponed until March 17 under the rules; substitute (H-1) offered and resolution postponed temporarily on March 18, see House Journal No. 27, p. 477.)

The question being on the adoption of the substitute (H-1) offered previously by Rep. Cassis,

Rep. Cassis withdrew the substitute (H-1).

The question being on the adoption of the resolution,

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

The House returned to the consideration of

House Resolution No. 143.

A resolution to memorialize the Congress of the United States to enact legislation to create a moratorium on new national, state, and local taxes on the Internet.

(The resolution was considered earlier today, see today's Journal, p. 496.)

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

Rep. Gubow withdrew the amendments.

Rep. Gubow moved to amend the resolution as follows:

1. Amend the title, line 1, after the second "to" by striking out the balance of the title and inserting "give sole authority to the states to tax Internet sales.".

2. Amend the first Resolving clause, line 2, after "to" by striking out the balance of the clause and inserting "give sole authority to the states to tax Internet sales; and be it further".

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 183 Yeas--68

Agee Curtis Kelly Prusi

Alley DeHart Kilpatrick Quarles

Anthony Dobb LaForge Rison

Baade Dobronski Leland Schauer

Baird Emerson LeTarte Schermesser

Bankes Frank Llewellyn Schroer

Basham Gagliardi Martinez Scott

Bobier Galloway Mathieu Stallworth

Bodem Gilmer Middleton Tesanovich

Bogardus Griffin Murphy Thomas

Brackenridge Gubow Olshove Varga

Brater Hale Owen Vaughn

Brewer Hanley Oxender Voorhees

Brown Harder Palamara Wallace

Callahan Hood Parks Wetters

Ciaramitaro Jellema Price Willard

Crissman Johnson Profit Wojno

Nays--32

Birkholz Godchaux Kaza Raczkowski

Byl Goschka Kukuk Rhead

Cassis Green London Richner

Cropsey Gustafson Lowe Rocca

DeVuyst Hammerstrom McBryde Sanborn

Fitzgerald Horton McNutt Scranton

Geiger Jansen Middaugh Sikkema

Gernaat Jelinek Perricone Walberg

In The Chair: Hanley

The question being on the adoption of the resolution,

Rep. Gustafson moved that consideration of the resolution be postponed temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 5534, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50a (MCL 38.1050a), as amended by 1994 PA 35.

The bill was read a second time.

Rep. Rhead 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. 5534, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50a (MCL 38.1050a), as amended by 1994 PA 35.

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

Roll Call No. 184 Yeas--105

Agee Emerson Kaza Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kilpatrick Raczkowski

Baade Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Bankes Galloway Law Rison

Basham Geiger Leland Rocca

Birkholz Gernaat LeTarte Sanborn

Bobier Gilmer Llewellyn Schauer

Bodem Gire London Schermesser

Bogardus Godchaux Lowe Schroer

Brackenridge Goschka Martinez Scott

Brater Green Mathieu Scranton

Brewer Gubow McBryde Sikkema

Brown Gustafson McNutt Stallworth

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Murphy Varga

Cherry Harder Olshove Vaughn

Ciaramitaro Hertel Owen Voorhees

Crissman Hood Oxender Walberg

Cropsey Horton Palamara Wallace

Curtis Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Dobronski

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50a (MCL 38.1050a), as amended by 1994 PA 359.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5399, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501 and 61525 (MCL 324.61501 and 324.61525), as added by 1995 PA 57, and by adding sections 61525a and 61525b.

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

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 5, line 21, after "part," by striking out "a fee not in excess" and inserting "AND TO ADDRESS ENVIRONMENTAL PROBLEMS ASSOCIATED WITH THE PRODUCTION AND USE OF OIL AND GAS, A FEE".

2. Amend page 6, line 3, by striking out all of subsection (2) and renumbering the remaining subsection.

3. Amend page 9, line 19, after "FUND." by inserting "HOWEVER, IF AT ANY TIME THE AMOUNT OF MONEY IN THE FUND EQUALS OR EXCEEDS $7,000,000.00, ALL MONEY IN THE FUND IN EXCESS OF $7,000,000.00 SHALL BE TRANSFERRED TO THE CLEANUP AND REDEVELOPMENT FUND CREATED IN SECTION 20108 AND SHALL BE EXPENDED FOR THE PURPOSE DESCRIBED IN SECTION 20113(4)(F).".

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

Rep. Kilpatrick 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. 4779, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053d.

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

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

Rep. Gubow moved to amend the bill as follows:

1. Amend page 1, line 1, after "ORGANIZATION" by inserting "CONTRACT".

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.

House Bill No. 4780, entitled

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

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

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

Rep. Palamara 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. 4781, 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 401f.

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

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

Rep. Gubow moved to amend the bill as follows:

1. Amend page 1, line 1, after "CORPORATION" by inserting "CERTIFICATE".

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Gagliardi moved that House Bill No. 4779 be placed on its immediate passage.

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

House Bill No. 4779, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053d.

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

Roll Call No. 185 Yeas--101

Agee Dobronski Johnson Price

Alley Emerson Kaza Prusi

Anthony Fitzgerald Kelly Raczkowski

Baade Frank Kilpatrick Richner

Baird Freeman Kukuk Rison

Bankes Gagliardi LaForge Rocca

Basham Galloway Law Sanborn

Birkholz Geiger Leland Schauer

Bobier Gernaat LeTarte Schermesser

Bodem Gilmer Llewellyn Schroer

Bogardus Godchaux London Scott

Brackenridge Goschka Lowe Scranton

Brater Green Martinez Sikkema

Brewer Griffin Mathieu Stallworth

Brown Gubow McBryde Tesanovich

Byl Gustafson McNutt Thomas

Callahan Hale Middaugh Varga

Cassis Hammerstrom Middleton Vaughn

Cherry Hanley Murphy Voorhees

Ciaramitaro Harder Olshove Walberg

Crissman Hood Owen Wallace

Cropsey Horton Oxender Wetters

Curtis Jansen Palamara Whyman

DeHart Jelinek Parks Willard

DeVuyst Jellema Perricone Wojno

Dobb

Nays--0

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Reps. Agee, Baade, Bankes, Basham, Brackenridge, Cassis, Cherry, Crissman, DeHart, Fitzgerald, Frank, Freeman, Gagliardi, Gilmer, Godchaux, Gubow, Hale, Hammerstrom, Hanley, Hood, Jansen, Kelly, Kilpatrick, Kukuk, LaForge, Law, Llewellyn, London, Middaugh, Olshove, Parks, Rocca, Schermesser, Scott, Scranton, Tesanovich, Varga, Vaughn, Wallace, Whyman and Wojno were named co-sponsors of the bill.

Rep. Gagliardi moved that House Bill No. 4780 be placed on its immediate passage.

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

House Bill No. 4780, entitled

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

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

Roll Call No. 186 Yeas--104

Agee Dobronski Johnson Profit

Alley Emerson Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Richner

Bankes Gagliardi LaForge Rison

Basham Galloway Law Rocca

Birkholz Geiger Leland Sanborn

Bobier Gernaat LeTarte Schauer

Bodem Gilmer Llewellyn Schermesser

Bogardus Godchaux London Schroer

Brackenridge Goschka Lowe Scott

Brater Green Martinez Scranton

Brewer Griffin Mathieu Sikkema

Brown Gubow McBryde Stallworth

Byl Gustafson McNutt Tesanovich

Callahan Hale Middaugh Thomas

Cassis Hammerstrom Middleton Varga

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Olshove Voorhees

Crissman Hertel Owen Walberg

Cropsey Hood Oxender Wallace

Curtis Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Nays--0

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Reps. Agee, Bankes, Basham, Birkholz, Bogardus, Brackenridge, Brater, Brown, Callahan, Cassis, Cherry, Crissman, Curtis, DeHart, DeVuyst, Dobronski, Fitzgerald, Frank, Gagliardi, Geiger, Gernaat, Gilmer, Godchaux, Gubow, Hale, Hammerstrom, Hanley, Harder, Hood, Jelinek, Kelly, Kilpatrick, Kukuk, LaForge, Law, Llewellyn, London, Middaugh, Parks, Profit, Prusi, Richner, Rison, Schermesser, Scott, Scranton, Stallworth, Tesanovich, Varga, Vaughn, Voorhees, Wallace and Wojno were named co-sponsors of the bill.

Rep. Gagliardi moved that House Bill No. 4781 be placed on its immediate passage.

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

House Bill No. 4781, 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 401f.

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

Roll Call No. 187 Yeas--102

Agee Dobronski Johnson Price

Alley Emerson Kaza Profit

Anthony Fitzgerald Kelly Prusi

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Richner

Bankes Gagliardi LaForge Rocca

Basham Galloway Law Sanborn

Birkholz Geiger Leland Schauer

Bobier Gernaat LeTarte Schermesser

Bodem Gilmer Llewellyn Schroer

Bogardus Godchaux London Scott

Brackenridge Goschka Lowe Scranton

Brater Green Martinez Sikkema

Brewer Griffin Mathieu Stallworth

Brown Gubow McBryde Tesanovich

Byl Gustafson McNutt Thomas

Callahan Hale Middaugh Varga

Cassis Hammerstrom Middleton Vaughn

Cherry Hanley Murphy Voorhees

Ciaramitaro Harder Olshove Walberg

Crissman Hertel Owen Wallace

Cropsey Hood Oxender Wetters

Curtis Horton Palamara Whyman

DeHart Jansen Parks Willard

DeVuyst Jelinek Perricone Wojno

Dobb Jellema

Nays--0

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Reps. Agee, Baade, Basham, Birkholz, Bobier, Bogardus, Brackenridge, Brater, Brewer, Brown, Byl, Cassis, Cherry, Cropsey, Curtis, DeHart, DeVuyst, Dobronski, Fitzgerald, Frank, Gagliardi, Gernaat, Gilmer, Godchaux, Hale, Hammerstrom, Hanley, Harder, Jansen, Jelinek, Kaza, Kelly, Kilpatrick, Kukuk, LaForge, Law, Llewellyn, London, McNutt, Middaugh, Middleton, Murphy, Olshove, Profit, Prusi, Richner, Rison, Rocca, Sanborn, Schermesser, Scott, Stallworth, Tesanovich, Varga, Vaughn, Voorhees, Wallace, Whyman and Wojno were named co-sponsors of the bill.

Rep. Gagliardi moved that House Bill No. 5399 be placed on its immediate passage.

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

House Bill No. 5399, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501 and 61525 (MCL 324.61501 and 324.61525), as added by 1995 PA 57, and by adding sections 61525a and 61525b.

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

Roll Call No. 188 Yeas--104

Agee Dobronski Kaza Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kilpatrick Raczkowski

Baade Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Bankes Galloway Law Rison

Basham Geiger Leland Rocca

Birkholz Gernaat LeTarte Sanborn

Bobier Gilmer Llewellyn Schauer

Bodem Godchaux London Schermesser

Bogardus Goschka Lowe Schroer

Brackenridge Green Martinez Scott

Brater Griffin Mathieu Scranton

Brewer Gubow McBryde Sikkema

Brown Gustafson McNutt Stallworth

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Murphy Varga

Cherry Harder Olshove Vaughn

Ciaramitaro Hertel Owen Voorhees

Crissman Hood Oxender Walberg

Cropsey Horton Palamara Wallace

Curtis Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Willard

Dobb Johnson Profit Wojno

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501, 61524, and 61525 (MCL 324.61501, 324.61524, and 324.61525), as added by 1995 PA 57, and by adding sections 61506a, 61525a, and 61525b.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4860, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending the title and sections 105, 159, and 179 (MCL 32.505, 32.559, and 32.579).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 23, p. 409),

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

Reps. McBryde, Gubow and Willard moved to amend the bill as follows:

1. Amend page 5, line 11, after "governor." by inserting "EXCEPT AS PROVIDED IN SUBSECTION (3),".

2. Amend page 5, line 12, after "existing," by striking out the balance of the line through "EXERCISING" on line13 and inserting "in the exercise of".

3. Amend page 5, line 15, after "duty" by striking out the period and inserting a comma and "AND".

4. Amend page 5, line 21, after "States," by striking out the balance of the line through line 22.

5. Amend page 5, line 23, after "officer" by inserting:

"IF EITHER OF THE FOLLOWING APPLIES:

(A) THE MEMBER IS ACTING IN AID OF CIVIL AUTHORITIES AND ACTING IN THE LINE OF DUTY.

(B) THE MEMBER IS ASSISTING IN THE ENFORCEMENT OF A LAW PROHIBITING THE IMPORTATION, SALE, DELIVERY, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE AS THAT TERM IS DEFINED IN SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104, AND ACTING IN THE LINE OF DUTY".

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

Rep. McBryde 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 Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, March 24, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 5282, entitled

A bill to amend 1879 PA 237, entitled "An act to provide for the execution, acknowledgment, and recording of contracts for the sale of land," (MCL 565.351 to 565.355) by adding sections 6, 7, 8, 9, 10, and 11; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5282 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Gernaat, Kaza, Kukuk, Rhead, Richner, Sanborn, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 5648, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6023 (MCL 600.6023), as amended by 1989 PA 5.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5648 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Gernaat, Kukuk, Rhead, Richner, Sanborn, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 18, 1998, at 9:00 a.m.,

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

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

House Bill No. 4201, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 217a (MCL 257.217a), as amended by 1988 PA 419.

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

1. Amend page 2, line 2, after "of" by striking out "$2.00" and inserting "$7.00".

2. Amend page 2, line 2, after "The" by striking out "$2.00" and inserting "$7.00".

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

Favorable Roll Call

HB 4201 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 18, 1998, at 4:15 p.m.,

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

Absent: Rep. Curtis,

Excused: Rep. Curtis.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Thursday, March 19:

Senate Bill Nos. 872 890

By unanimous consent the House returned to the order of

Messages from the Senate

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.

The Senate has amended the House amendments as follows:

1. Amend House Amendment No. 5, page 154, following line 26, section 916, subsection (1), after "viewing" by striking out the balance of the subsection and inserting "on the licensed premises unless the licensee has applied for and been granted an entertainment permit by the commission. Issuance of an entertainment permit under this subsection does not allow topless activity on the licensed premises.".

The Senate has concurred in the House amendments as amended.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 184, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.

The Senate has passed the bill.

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

Senate Bill No. 700, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16174 and 16221 (MCL 333.16174 and 333.16221), section 16174 as amended by 1993 PA 80 and section 16221 as amended by 1996 PA 594.

The Senate has passed the bill.

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

Senate Bill No. 866, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950a (MCL 600.2950a), as amended by 1997 PA 115.

The Senate has passed the bill.

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

Senate Bill No. 872, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1993 PA 13, and by adding section 30c.

The Senate has passed the bill.

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

Senate Bill No. 874, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950 (MCL 600.2950), as amended by 1997 PA 115.

The Senate has passed the bill.

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

Senate Bill No. 890, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 52 (MCL 208.52).

The Senate has passed the bill.

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

Senate Bill No. 945, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57j.

The Senate has passed the bill.

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

Senate Bill No. 1007, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section839.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill Nos. 5697, 5700 and 5701.

Rep. Gire

Messages from the Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: March 18, 1998

Time: 8:24 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4979 (Public Act No. 27, I.E.), being

An act to authorize the department of natural resources to convey certain state owned property in Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

(Filed with the Secretary of State March 18, 1998, at 2:15 p.m.)

Date: March 18, 1998

Time: 8:26 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5066 (Public Act No. 28, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 2104 (MCL 324.2104), as added by 1995 PA 60.

(Filed with the Secretary of State March 18, 1998, at 2:17 p.m.)

Date: March 18, 1998

Time: 8:28 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4841 (Public Act No. 29, I.E.), being

An act to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending sections 12a and 22 (MCL 207.112a and 207.122), section 22 as amended by 1995 PA52.

(Filed with the Secretary of State March 18, 1998, at 2:19 p.m.)

Date: March 18, 1998

Time: 8:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5473 (Public Act No. 30, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 82126 (MCL 324.82126), as amended by 1996 PA 500.

(Filed with the Secretary of State March 18, 1998, at 2:21 p.m.)

Date: March 18, 1998

Time: 8:52 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5115 (Public Act No. 31, I.E.), being

An act to amend 1867 PA 83, entitled "An act to authorize and require county clerks to record the discharges of members of the armed forces of the United States; and to limit the disclosure of those discharge records," by amending section 2 (MCL 35.32).

(Filed with the Secretary of State March 18, 1998, at 2:23 p.m.)

Introduction of Bills

Reps. LaForge and Schauer introduced

House Bill No. 5707, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

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

Reps. Richner, Baird, Law and Nye introduced

House Bill No. 5708, entitled

A bill to define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; and to repeal acts and parts of acts.

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

Reps. Profit, Palamara, Mans, McBryde and Dalman introduced

House Bill No. 5709, entitled

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

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

Rep. Goschka introduced

House Bill No. 5710, entitled

A bill to amend 1969 PA 312, entitled "An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof," by amending the title and sections 1, 2, 3, and 10 (MCL 423.231, 423.232, 423.233, and 423.240).

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

Rep. Scott moved that the House adjourn.

The motion prevailed, the time being 12:20 p.m.

Acting Speaker Hanley declared the House adjourned until Tuesday, March 24, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.