hj04308t.040

No. 40

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, April 30, 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--e/d/s

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--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--e/d/s

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--e/d/s

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

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--e/d/s

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--e/d/s

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--e/d/s

Stallworth--present

Tesanovich--present

Thomas--present

Varga--e/d/s

Vaughn--e/d/s

Voorhees--present

Walberg--present

Wallace--present

Wetters--excused

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Kwame Kilpatrick, from the 9th District, offered the following invocation:

"Almighty God, hallowed be Thy Name. Thy kingdom come, Thy will be done in earth as it is in heaven. Dear Lord, we come before You today to say thanks. Thanks for all the wonderful blessings You bestowed upon the citizens of this country, of this state, and in particular the members of this House. Please give us the wisdom and the guidance and the strength to carry forward Your will. We ask this blessing and all blessings in the Name of Thy Son, Jesus. Amen."

______

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

The motion prevailed.

Rep. Callahan, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 313-315. Had I been present, I would have voted "yes"."

Notices

April 30, 1998

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 1028, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 104, 217, 504, 701, 702, 705, 706, 711, 715, and 716 (MCL 38.2104, 38.2217, 38.2504, 38.2651, 38.2652, 38.2655, 38.2656, 38.2661, 38.2665, and 38.2666), section 104 as amended by 1995 PA 193, section 217 as amended by 1996 PA 525, and sections 701, 702, 705, 706, 711, 715, and 716 as added by 1996 PA 523, and by adding sections 701a and 718a.

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

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

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

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

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

Senate Bill No. 1028, 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. 316 Yeas--97

Agee Emerson Johnson Perricone

Anthony Fitzgerald Kaza Price

Baade Frank Kelly Profit

Baird Freeman Kilpatrick Prusi

Bankes Gagliardi Kukuk Quarles

Basham Galloway LaForge Raczkowski

Birkholz Geiger Leland Richner

Bodem Gernaat LeTarte Rison

Bogardus Gilmer Llewellyn Rocca

Brackenridge Gire London Sanborn

Brater Goschka Lowe Schauer

Brewer Green Martinez Schermesser

Brown Gubow Mathieu Schroer

Byl Gustafson McBryde Scott

Callahan Hale McManus Scranton

Cassis Hammerstrom McNutt Stallworth

Cherry Hanley Middaugh Tesanovich

Ciaramitaro Harder Middleton Thomas

Crissman Hertel Murphy Voorhees

Cropsey Hood Nye Walberg

Curtis Horton Olshove Wallace

Dalman Jansen Owen Whyman

DeHart Jelinek Oxender Willard

DeVuyst Jellema Parks Wojno

Dobronski

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 1992 PA 234, entitled "An act to establish a judges retirement system; to provide for the administration and maintenance of the retirement system; to create a retirement board; to prescribe the powers and duties of the retirement board; to establish certain reserves for the retirement system; to establish certain funds; to prescribe the powers and duties of certain state departments and certain state and local officials and employees; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending sections 701, 702, 715, and 716 (MCL 38.2651, 38.2652, 38.2665, and 38.2666), as added by 1996 PA 523.

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.

______

The Speaker called Acting Speaker DeHart to the Chair.

Reps. Dobb, Law, Godchaux, Rhead, Vaughn, Varga, Palamara, Bobier and Sikkema entered the House Chambers.

Second Reading of Bills

House Bill No. 5592, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

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

Rep. Schermesser moved to amend the bill as follows:

1. Amend page 73, following line 9, by inserting:

"Sec. 442. (1) The department of Michigan jobs commission shall have at least 1 disabled veterans outreach program specialist or local veterans employment representative present at each Michigan works! employment services office during hours of operation.

(2) The department of Michigan jobs commission shall ensure that each Michigan works! employment services office shall have the necessary equipment to allow the disabled veterans outreach specialist or local veterans employment representative to perform his or her duties in the same manner they were performed prior to February 1, 1998.

(3) The department of Michigan jobs commission shall require each Michigan works! employment services office to have an employee available to ask each individual who enters the office for service whether that individual is a veteran and to refer each veteran to the disabled veterans outreach program specialist or local veterans employment representative on duty at the time.

(4) The department of Michigan jobs commission shall require that each Michigan works! employment services office shall have posted in a conspicuous place within the office a notice advising veterans that a disabled veterans outreach program specialist or a local veterans employment representative is available to assist him or her.

(5) The department of Michigan jobs commission shall require each Michigan works! employment services office to provide free mediated services to employers wishing to hire a veteran.".

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 12, line 18, by striking out "6,475,000" and inserting "6,675,000".

2. Amend page 12, line 22, by striking out "6,475,000" and inserting "6,675,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 34, line 20, after "includes" by striking out "$6,475,000.00" and inserting "$6,675,000.00".

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

Rep. Bankes moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 442, by inserting:

"Sec. 443. The department of Michigan jobs commission shall conduct a study in conjunction with the family independence agency and the Michigan department of transportation of the accessibility of transportation for work first clients to get them to work assignments and child care. The study shall address the concept of mobility managers for each zone in the state. The results of the study shall be reported to the regulatory subcommittees of the house and senate appropriations committees by March 1, 1999.".

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

Rep. Bobier moved to amend the bill as follows:

1. Amend page 50, following line 24, by inserting:

"Sec. 333. As a condition of receiving funds appropriated under section 102, the department of consumer and industry services shall not annually collect a fee for the operation of and shall not enter on private property to inspect a miniature railroad under the authority of the carnival-amusement safety act of 1966, 1966 PA 225, MCL 408.651 to 408.667.".

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

Reps. Horton, Brewer and Lowe moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 443, by inserting:

"Sec. 444. Of the money appropriated in section 103 under "Travel administration/travel commission", no money other than that money already contractually committed shall be spent by the department of Michigan jobs commission for contracting with the Disney Corporation, Walt Disney Attractions, Disney Institute, or any of their subsidiaries for training services or other services or products.".

The question being on the adoption of the amendment offered by Reps. Horton, Brewer and Lowe,

Rep. Horton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Horton, Brewer and Lowe,

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

Roll Call No. 317 Yeas--32

Basham Gernaat Llewellyn Rhead

Byl Goschka London Richner

Callahan Green Lowe Rocca

Cassis Hammerstrom McManus Sanborn

Cropsey Horton Middaugh Sikkema

DeVuyst Jansen Nye Voorhees

Frank Kaza Perricone Walberg

Geiger Kukuk Raczkowski Whyman

Nays--72

Agee Dobronski Johnson Price

Alley Emerson Kelly Profit

Anthony Fitzgerald Kilpatrick Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Rison

Birkholz Galloway Leland Schauer

Bodem Gilmer LeTarte Schermesser

Bogardus Gire Martinez Schroer

Brackenridge Godchaux Mathieu Scott

Brater Gubow McBryde Scranton

Brewer Gustafson McNutt Stallworth

Brown Hale Middleton Tesanovich

Cherry Hanley Murphy Thomas

Crissman Harder Olshove Varga

Curtis Hertel Owen Vaughn

Dalman Hood Oxender Wallace

DeHart Jelinek Palamara Willard

Dobb Jellema Parks Wojno

In The Chair: DeHart

Reps. Gustafson and Goschka moved to amend the bill as follows:

1. Amend page 23, line 3, by striking out "28,000,000" and inserting "31,007,300" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Reps. Gustafson and Goschka,

Rep. Mathieu demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Gustafson and Goschka,

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

Roll Call No. 318 Yeas--43

Birkholz Galloway Jelinek Middleton

Bobier Geiger Jellema Oxender

Bodem Gernaat Johnson Perricone

Brackenridge Gilmer Law Rhead

Byl Godchaux LeTarte Richner

Cassis Goschka Llewellyn Rocca

Crissman Green London Sanborn

Dalman Gustafson McBryde Schauer

DeVuyst Hammerstrom McManus Scranton

Dobb Horton McNutt Sikkema

Fitzgerald Jansen Middaugh

Nays--59

Agee DeHart Kukuk Rison

Alley Dobronski LaForge Schermesser

Anthony Emerson Leland Scott

Baade Frank Lowe Stallworth

Bankes Freeman Mathieu Tesanovich

Basham Gagliardi Murphy Thomas

Bogardus Gire Nye Varga

Brater Hale Olshove Vaughn

Brewer Hanley Owen Voorhees

Brown Harder Palamara Walberg

Callahan Hertel Parks Wallace

Cherry Hood Price Whyman

Ciaramitaro Kaza Profit Willard

Cropsey Kelly Prusi Wojno

Curtis Kilpatrick Quarles

In The Chair: DeHart

Reps. Gilmer and Hood moved to amend the bill as follows:

1. Amend page 43, following line 10, by inserting:

"(11) The department of consumer and industry services shall not use funds appropriated in any line item in part 1 other than the arts and cultural grants line item to provide grants for the purposes outlined in this section.".

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

Reps. Mathieu, Hood, Gilmer and London moved to amend the bill as follows:

1. Amend page 5, following line 21, by inserting:

"Administration--9.0 FTE positions 829,100"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 39, line 12, after "The" by striking out "director of" and inserting "Michigan council for arts and cultural affairs in".

3. Amend page 39, line 14, after "The" by striking out "director" and inserting "council".

4. Amend page 39, line 18, after "The" by striking out "director" and inserting "council".

5. Amend page 40, line 18, by striking out "the director of".

6. Amend page 40, line 18, after "services" by inserting a comma and "Michigan council for arts and cultural affairs,".

7. Amend page 40, line 27, after the first "the" by striking out "director. The director" and inserting "Michigan council for arts and cultural affairs. The council".

8. Amend page 41, line 2, after "The" by striking out "director" and inserting "council".

9. Amend page 42, line 6, after the first "the" by striking out "director" and inserting "Michigan council for arts and cultural affairs".

10. Amend page 43, line 5, after the second "the" by striking out "director" and inserting "Michigan council for arts and cultural affairs".

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

Reps. LaForge, Gilmer and Prusi moved to amend the bill as follows:

1. Amend page 70, following line 10, by inserting:

"Sec. 435a. Of the funds appropriated in section 103(6) for vocational rehabilitation independent living, not less than $3,000,000.00 shall be used for the support of centers for independent living which are in compliance with federal standards for such centers, for the development of new centers in areas presently unserved or underserved, for technical assistance to centers, and for projects to build capacity of centers to deliver independent living services. Applications for such funds shall be reviewed in accordance with criteria and procedures established by the statewide independent living council, the Michigan rehabilitation services unit within the department of Michigan jobs commission, and the Michigan commission for the blind. Funds must be used in a manner consistent with the priorities established in the state plan for independent living.".

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

Rep. Bobier moved to amend the bill as follows:

1. Amend page 48, line 20, after "No." by striking out "4820" and inserting "5294".

2. Amend page 48, line 21, after "No." by striking out "4821" and inserting "5399".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 54, line 9, after "section." by striking out "Up to 8%" and inserting "Eight percent".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 73, line 7, after "recipients" by striking out the balance of the line through "recipients" on line 8 and inserting "and work first clients".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 72, following line 13, by inserting:

"(h) The departments shall acquire data on the factors listed above for all program participants if there are less than 100 overall participants in the program. If there are 100 or more program participants, the departments shall acquire this data from a representative sample of 10% of the overall number of participants.".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 71, line 8, after "The" by striking out "Michigan jobs commission and the".

2. Amend page 71, line 9, after "agency" by inserting a comma and "in conjunction with the department of Michigan jobs commission,".

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 35, following line 14, by inserting:

"Sec. 305a. As a condition for receiving funds under part 1, the corporations and securities bureau shall not charge any more than the actual cost of processing any renewal.".

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

Reps. Bodem and Goschka moved to amend the bill as follows:

1. Amend page 20, line 18, by striking out "7,492,500" and inserting "9,792,500" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Reps. Bodem and Goschka,

Rep. Mathieu demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Bodem and Goschka,

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

Roll Call No. 319 Yeas--54

Alley Frank Jellema Nye

Baade Gagliardi Johnson Oxender

Bankes Galloway Kukuk Perricone

Birkholz Geiger Law Raczkowski

Bobier Gernaat LeTarte Rhead

Bodem Gilmer Llewellyn Richner

Brackenridge Godchaux London Rocca

Byl Goschka Lowe Sanborn

Cassis Green McBryde Scranton

Cropsey Gustafson McManus Sikkema

Dalman Hammerstrom McNutt Voorhees

DeVuyst Horton Middaugh Walberg

Dobb Jansen Middleton Whyman

Fitzgerald Jelinek

Nays--52

Agee DeHart Kilpatrick Rison

Anthony Dobronski LaForge Schauer

Baird Emerson Leland Schermesser

Basham Freeman Martinez Schroer

Bogardus Gire Mathieu Scott

Brater Gubow Murphy Stallworth

Brewer Hale Olshove Tesanovich

Brown Hanley Owen Thomas

Callahan Harder Palamara Varga

Cherry Hertel Parks Vaughn

Ciaramitaro Hood Price Wallace

Crissman Kaza Prusi Willard

Curtis Kelly Quarles Wojno

In The Chair: DeHart

Rep. Willard moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Bobier.

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 443, by inserting:

"Sec. 444. Any individual who receives funds under this act to pay traffic or parking fines shall reimburse that amount to the paying entity.".

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

Rep. Anthony moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 444, by inserting:

"Sec. 445. The department of Michigan jobs commission shall not close a welcome center.".

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 320 Yeas--70

Agee Dobronski Kelly Price

Alley Emerson Kilpatrick Profit

Anthony Fitzgerald Kukuk Prusi

Baade Freeman LaForge Quarles

Baird Gagliardi Law Rison

Bankes Galloway Leland Rocca

Bobier Gernaat Martinez Schauer

Bodem Gire Mathieu Schermesser

Bogardus Godchaux McBryde Scott

Brater Goschka McManus Scranton

Brewer Green McNutt Tesanovich

Brown Gubow Middaugh Thomas

Callahan Hale Murphy Varga

Cherry Hammerstrom Olshove Vaughn

Ciaramitaro Hanley Owen Wallace

Dalman Hertel Palamara Willard

DeHart Hood Parks Wojno

Dobb Jelinek

Nays--35

Basham Geiger LeTarte Richner

Birkholz Gilmer Llewellyn Sanborn

Brackenridge Gustafson Lowe Schroer

Byl Harder Middleton Sikkema

Cassis Horton Nye Stallworth

Crissman Jansen Oxender Voorhees

Cropsey Jellema Perricone Walberg

Curtis Johnson Raczkowski Whyman

Frank Kaza Rhead

In The Chair: DeHart

Rep. Alley moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 445, by inserting:

"Sec. 446. Of the Michigan promotion program, $500,000.00 shall be utilized for a welcome and promotion center at Detroit Metropolitan Airport.".

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

Reps. Voorhees and Cropsey moved to amend the bill as follows:

1. Amend page 23, line 1, by striking out all of line 1.

2. Amend page 23, line 26, by striking out all of line 26 and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Reps. Voorhees and Cropsey,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Voorhees and Cropsey,

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

Roll Call No. 321 Yeas--12

Birkholz Green Kukuk Sikkema

Cassis Horton Perricone Voorhees

Cropsey Kaza Raczkowski Whyman

Nays--90

Agee Dobb Jellema Oxender

Alley Dobronski Johnson Parks

Anthony Fitzgerald Kelly Price

Baade Frank Kilpatrick Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Rhead

Basham Galloway Leland Richner

Bobier Geiger LeTarte Rison

Bodem Gernaat Llewellyn Rocca

Bogardus Gilmer London Schauer

Brackenridge Gire Lowe Schermesser

Brater Godchaux Martinez Schroer

Brewer Goschka Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Vaughn

Crissman Harder Murphy Walberg

Curtis Hertel Nye Wallace

Dalman Hood Olshove Willard

DeHart Jansen Owen Wojno

DeVuyst Jelinek

In The Chair: DeHart

Rep. Gustafson moved to reconsider the vote by which the House adopted the amendment offered previously by Rep.Alley.

The motion did not prevail, a majority of the members present not voting therefore.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 5, line 22, by striking out all of line 22 and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 322 Yeas--10

Cropsey Kaza Nye Walberg

Green Kukuk Raczkowski Whyman

Horton Lowe

Nays--97

Agee Dobb Jellema Price

Alley Dobronski Johnson Profit

Anthony Emerson Kelly Prusi

Baade Fitzgerald Kilpatrick Quarles

Baird Frank LaForge Rhead

Bankes Freeman Law Richner

Basham Gagliardi Leland Rison

Birkholz Galloway LeTarte Rocca

Bobier Geiger Llewellyn Sanborn

Bodem Gernaat London Schauer

Bogardus Gilmer Martinez Schermesser

Brackenridge Gire Mathieu Schroer

Brater Godchaux McBryde Scott

Brewer Goschka McManus Scranton

Brown Gubow McNutt Sikkema

Byl Gustafson Middaugh Stallworth

Callahan Hale Middleton Tesanovich

Cassis Hammerstrom Murphy Thomas

Cherry Hanley Olshove Varga

Ciaramitaro Harder Owen Vaughn

Crissman Hertel Oxender Voorhees

Curtis Hood Palamara Wallace

Dalman Jansen Parks Willard

DeHart Jelinek Perricone Wojno

DeVuyst

In The Chair: DeHart

______

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I have long spoken out against the wanton funding of the Arts by taxpayers. I have always believed that people should fund their own hobbies and interests.

I have also long been a proponent of cutting the state budget so as to redirect already-taxed dollars into genuine and legitimate state concerns.

However, I have never believed in 'pulling the rug' out from anyone which is what this amendment would do. The amendment should have called for a gradual reduction rather than immediate elimination of Arts funding. As much as I agree with the sentiments and concerns of the author of this amendment, I believe that passage would have led to a severe economic upheaval throughout the state.

Properly reworded, I would have supported this amendment."

Rep. Goschka moved to amend the bill as follows:

1. Amend page 73, following line 9, following section 446, by inserting:

"Sec. 447. No funds appropriated in this act shall be used by any entity for the purpose of paying fines imposed for traffic and/or parking violations that are owed by any person.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 323 Yeas--38

Birkholz Goschka Lowe Rhead

Brewer Green McBryde Richner

Brown Gustafson McManus Rocca

Callahan Hammerstrom McNutt Sanborn

Cassis Horton Middaugh Scranton

Crissman Jansen Nye Sikkema

Cropsey Jelinek Perricone Voorhees

DeVuyst Kaza Profit Walberg

Dobb Law Raczkowski Whyman

Geiger Llewellyn

Nays--68

Agee DeHart Hood Palamara

Alley Dobronski Jellema Parks

Anthony Emerson Johnson Price

Baade Fitzgerald Kelly Prusi

Baird Frank Kilpatrick Quarles

Bankes Freeman Kukuk Rison

Basham Gagliardi LaForge Schauer

Bobier Galloway Leland Schermesser

Bodem Gernaat LeTarte Schroer

Bogardus Gilmer London Scott

Brackenridge Gire Martinez Stallworth

Brater Godchaux Mathieu Thomas

Byl Gubow Middleton Varga

Cherry Hale Murphy Vaughn

Ciaramitaro Hanley Olshove Wallace

Curtis Harder Owen Willard

Dalman Hertel Oxender Wojno

In The Chair: DeHart

Rep. Gilmer 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. 5592, entitled

The bill was read a third time.

The question being on the passage of the bill,

______

Point of Order

Rep. Cropsey requested a ruling of the Chair on whether or not, pursuant to Const 1963, art 4, § 29, it requires a 2/3rd vote to pass HB 5592. The Chair ruled that it only requires a majority of the Members elected and serving to pass HB 5592 because funds are not being appropriated directly for private or local purposes. They are being appropriated to the Departments of Consumer and Industry Services and the Jobs Commission.

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. 324 Yeas--98

Agee Dobb Jellema Perricone

Alley Dobronski Johnson Price

Anthony Emerson Kelly Profit

Baade Fitzgerald Kilpatrick Prusi

Baird Frank Kukuk Quarles

Bankes Freeman LaForge Rhead

Basham Gagliardi Law Richner

Birkholz Galloway Leland Rison

Bobier Geiger LeTarte Rocca

Bodem Gernaat Llewellyn Sanborn

Bogardus Gilmer London Schauer

Brackenridge Gire Martinez Schermesser

Brater Godchaux Mathieu Schroer

Brewer Goschka McBryde Scott

Brown Green McManus Scranton

Byl Gubow McNutt Sikkema

Callahan Gustafson Middaugh Stallworth

Cassis Hale Middleton Tesanovich

Cherry Hammerstrom Murphy Thomas

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Walberg

Curtis Hertel Oxender Wallace

Dalman Hood Palamara Willard

DeHart Jansen Parks Wojno

DeVuyst Jelinek

Nays--7

Cropsey Kaza Nye Whyman

Horton Lowe Voorhees

In The Chair: DeHart

Second Reading of Bills

House Bill No. 5212, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 1, 4a, and 9 (MCL 205.51, 205.54a, and 205.59), section 1 as amended by 1995 PA 209, section 4a as amended by 1996 PA 435, and section 9 as amended by 1991 PA 87.

The bill was read a second time.

Rep. Profit moved to substitute (H-1) the bill.

The motion prevailed and 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.

House Bill No. 5213, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 4, and 10 (MCL 205.92, 205.94, and 205.100), section 2 as amended by 1995 PA 208, section 4 as amended by 1996 PA 436, and section 10 as amended by 1993 PA 263.

The bill was read a second time.

Rep. Profit moved to substitute (H-1) the bill.

The motion prevailed and 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. Martinez moved that Rep. Baird be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5059, entitled

A bill to amend 1994 PA 35, entitled "The forensic laboratory funding act," by amending the title and sections 2 and 6 (MCL 12.202 and 12.206); and to repeal acts and parts of acts.

(The bill was received from the Senate on April 29, with amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 39, p. 831.)

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

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

Roll Call No. 325 Yeas--97

Agee Emerson Kelly Profit

Anthony Fitzgerald Kilpatrick Prusi

Baade Frank Kukuk Quarles

Bankes Freeman LaForge Raczkowski

Basham Galloway Law Richner

Birkholz Geiger Leland Rison

Bobier Gernaat LeTarte Rocca

Bodem Gilmer Llewellyn Sanborn

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

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

Crissman Harder Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Palamara Wallace

DeHart Jellema Parks Whyman

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski

Nays--0

In The Chair: DeHart

The House agreed to the full title.

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

Second Reading of Bills

House Bill No. 5580, 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.

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

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

Rep. Dobb 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. Dobb 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. 5613, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.

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

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

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

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

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 bill was read a second time.

Rep. Cherry 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. 5637, entitled

A bill to create the Michigan freedom trail commission; and to prescribe the powers and duties of certain state departments, agencies, commissions, and officers.

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

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

Rep. Thomas 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. 5638, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.

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

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

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

The motion prevailed.

Rep. Cherry moved that when the House adjourns today it stand adjourned until Tuesday, May 5, at 2:00 p.m.

The motion prevailed.

Rep. Fitzgerald, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 313-315. Had I been present, I would have voted "yes" on Roll Call Nos. 313 and 315 and "no" on Roll Call No. 314."

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Schermesser, Hale, DeHart, Baade, Anthony, Wojno, Kelly, Bogardus, Scott, Basham, Brater, Parks, Cherry, Harder, Dobronski, LaForge, Tesanovich, Dalman, Baird, Kilpatrick, Leland, McBryde, Varga, Martinez, Vaughn, Schroer, Profit, Hood, Birkholz, Palamara, Murphy and Hanley offered the following resolution:

House Resolution No. 276.

A resolution to urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational.

Whereas,Highway transportation is a vital enterprise for Michigan. Our history with the automotive industry gives us aunique perspective on the many ways in which the highway infrastructure influences all aspects of our economy. In addition to its importance to manufacturing and agriculture, the quality of our highways has a direct impact on tourism; and

Whereas, In recent years, many citizens and groups have expressed concerns as to the damage done to our roads by heavy trucks. This is a complex issue that involves not only the weight of vehicles, but also the number of trucks and various other factors. An important tool to safeguard against abuses of state trucking laws and regulations is the network of weigh stations along the highways; and

Whereas, In order for weigh stations to have the intended effect of safeguarding the roads, the equipment must be fully operational. Efforts to repair the weigh stations and provide up-to-date equipment must be accelerated to make sure that they are providing thorough and consistent services to monitor the trucks on Michigan's roads; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational; and be it further

Resolved, That a copy of this resolution be transmitted to the State Transportation Commission.

The resolution was referred to the Committee on Transportation.

Reps. Schermesser, Hale, DeHart, Baade, Anthony, Wojno, Kelly, Bogardus, Richner, Scott, Basham, Brater, Cherry, Harder, Dobronski, Perricone, LaForge, Tesanovich, Dalman, Parks, Baird, Leland, Varga, Martinez, Vaughn, Schroer, Profit, Birkholz, Palamara, Murphy and Hanley offered the following resolution:

House Resolution No. 277.

A resolution to urge the Department of State Police Motor Carrier Division to extend the hours of operation of highway weigh stations.

Whereas, The Motor Carrier Division of the Department of State Police provides an important service by enforcing the state's trucking laws and regulations. The result of this service is increased safety on the roads, greater efficiency from our transportation system, and more protection for our roads, which constitute an enormous public investment; and

Whereas, In the past few years, public concern over the quality of our roads has grown considerably. The state's efforts to repair this fundamental part of our infrastructure include many actions, such as increasing funding from state and federal sources. Truck use of the highways is another area that draws attention because of the potential damage from overloaded vehicles; and

Whereas, The weigh stations along our highways are vital tools to ensure that state laws and regulations are being followed. The weigh stations can only be effective in enforcement efforts to the extent that they are open and active in monitoring trucking. The more the stations are closed, the fewer safeguards there are for the people and the roads of this state; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of State Police Motor Carrier Division to extend the hours of operation of highway weigh stations; and be it further

Resolved, That a copy of this resolution be transmitted to the Motor Carrier Division of the Department of State Police.

The resolution was referred to the Committee on Transportation.

Reps. Middleton, McManus, McNutt, Hammerstrom, Raczkowski, Kaza, Gustafson, Emerson, Griffin, Hertel, Gagliardi, Hood, Agee, Law, Dobronski, Perricone, Anthony, Kelly, Tesanovich, Schermesser, Kukuk, Brackenridge, Dalman, Gernaat, Scranton, Parks, DeHart, Cherry, Baird, Gubow, Llewellyn, Middaugh, Freeman, Voorhees, Jelinek, Leland, DeVuyst, Bodem, Goschka, McBryde, Wojno, Baade, Varga, Vaughn, Scott, Fitzgerald, Cassis, Horton, Jansen, Schroer, Profit, Cropsey, Birkholz, Galloway, Palamara, Richner, Crissman, Green, Dobb and Hanley offered the following resolution:

House Resolution No. 278.

A resolution honoring the Michigan Knights of Columbus upon the occasion of their 100th anniversary.

Whereas, We are proud to join with the members, officers, and friends of the Michigan Knights of Columbus as they gather to mark the 100th anniversary of this extraordinary group. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 100 years of service, we offer our thanks for the gifts of love they have shared throughout Michigan; and

Whereas, Michigan Knights of Columbus can trace its heritage to February 13, 1898, when the first council, Detroit Council #305, was established. Since that time, the organization has expanded to 317 councils statewide with over 70,000 members. In the years that have followed since they first came together, this organization has developed numerous programs designed to help members and their families in time of need. The Michigan Knights of Columbus, a catholic, fraternal organization, also plays an active role in the community, working with bishops, priests, and other organizations on various projects for the betterment of the community; and

Whereas, With ceremonies to celebrate its history, the members and officers of Michigan Knights of Columbus will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which Michigan Knights of Columbus will continue to reach out to others across our state; now, therefore, be it

Resolved by the House of Representatives, That this resolution commemorate the 100th anniversary of the Michigan Knights of Columbus. We commend everyone who has contributed to its success and thank them for the manner in which their members have strengthened Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Knights of Columbus 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. Bogardus, Rison, Cherry, Emerson, Curtis, Dobronski, Anthony, LaForge, Kelly, Tesanovich, Schermesser, Dalman, Gernaat, Parks, DeHart, Baird, Gubow, Llewellyn, Middaugh, Freeman, Kilpatrick, Hale, Middleton, Jelinek, Leland, Goschka, Wojno, Varga, Martinez, Vaughn, Scott, Brater, Fitzgerald, Profit, Hood, Palamara, Murphy, Green and Hanley offered the following resolution:

House Resolution No. 279.

A resolution honoring Sally Bird as the 1998 Davison Area Good Scout of the Year.

Whereas, We are proud to join with the citizens of the Davison Area to honor a local treasure, Sally Bird, choral music director at Davison High School, for the selfless commitment she has made to the children of her community and the joy she has brought to the entire populace; and

Whereas, Sally Bird moved to Davison with her family, when she was less than four months old, in order for her father to accept a position as a telegrapher and ticket agent at the Davison Depot for the Grand Trunk Railroad. She grew up in a home adjacent to her grandparents' farm on Potter Road, and her current home is in that neighborhood still today. Sally Bird epitomizes the total Davison Schools' experience. She enrolled and completed her K-12 education at a time when there was just one Davison School with all grades housed in the building now known as Central Elementary. The adolescent Sally Bird was deeply involved in a myriad of school activities. In high school she lettered all four years in basketball, softball, and track. Simultaneously, she played in the band, sang in the glee club, served as class treasurer, and performed as a majorette. Her scholastic achievements were equally impressive, as she graduated salutatorian of the Class of '54. Miss Bird continued her musical studies at Michigan State University where she performed in the University band and symphony orchestra and sang with the widely-acclaimed State Singers. She received her B.A. degree in Music Education from MSU and following graduation taught for one year in the Port Huron Schools. She then returned to MSU to teach music method classes while completing her Master of Arts degree; and

Whereas, Sally Bird returned to her hometown in 1961 to become the music teacher--a position from which she launched an agenda that has put her hometown on the musical map. Within four years, the music program was strong enough to put on a production of "The Music Man", the first in a series of thirty three consecutive annual high school spring musicals which have involved hundreds of Davison students--some of whom have gone on to professional theater careers and all of whom have carried wonderful memories with them throughout their lives; and

Whereas, In additional to her regular teaching duties and the production of the annual musical, Miss Bird and the various performing groups she has organized are well-known and in great demand throughout the community for the rousing joy-in-life they create wherever they are heard. In malls, churches, parades, nursing homes and countless other places their music thrills hearts and sends spirits soaring; and

Whereas, Sally Bird has devoted her full time and energy to the students of the Davison Community Schools and has brought a lifetime of musical joy to the citizens of the entire Davison Area; now, therefore, be it

Resolved by the House of Representatives, That tribute be accorded to congratulate Miss Sally Bird as she receives the 1998 Davison Area Good Scout Award; and be it further

Resolved, That a copy of the resolution be transmitted to Miss Bird as evidence of our best wishes on this happy occasion.

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. DeVuyst, Dobronski, Perricone, Anthony, LaForge, Kelly, Tesanovich, Schermesser, Kukuk, Hammerstrom, Geiger, Brackenridge, Dalman, Gernaat, Scranton, Parks, DeHart, Cherry, Baird, Gubow, Llewellyn, Middaugh, Freeman, Middleton, Voorhees, Jelinek, Sanborn, Jellema, Leland, Bodem, Goschka, McBryde, Wojno, Thomas, Baade, Varga, Vaughn, Scott, Brater, Schauer, Fitzgerald, Cassis, Horton, Jansen, Schroer, Profit, Hood, Cropsey, Raczkowski, Birkholz, Galloway, Bogardus, Palamara, Richner, Crissman, Green, Dobb and Hanley offered the following resolution:

House Resolution No. 280.

A resolution to commemorate the week of May 11-15, 1998, as National Police Week in Michigan, and to honor National Police Officers Memorial Day.

Whereas, The safety and security of citizens is protected daily by Michigan's law enforcement officers, who uphold and defend our freedom at great risk to their own lives. They dedicate themselves to a life of service, the very foundation this country was built on, and tirelessly offer their services as stewards of the public trust; and

Whereas, In 1962, President John F. Kennedy proclaimed the week of May 15, as National Police Week, and one day of that week as National Police Officers Memorial Day. This proclamation has served to remind us to pause and remember those lives given for our safety; and

Whereas, Many have given their lives in service to this state and to the people whom they protect. It is with great humility that we recognize those public servants who have sacrificed their lives for the public good. Let us never forget those who have lost their lives, to whom we are most grateful; now, therefore, be it

Resolved by the House of Representatives, That we commemorate this years observance of National Police Week and National Police Officers Memorial Day. May our sincere gratitude be conveyed to police officers and their families across our state, so they may 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. Schermesser, Hale, DeHart, Baade, Anthony, Wojno, Kelly, Bogardus, Scott, Basham, Brater, Parks, Cherry, Harder, Dobronski, Perricone, LaForge, Tesanovich, Dalman, Baird, Leland, Varga, Martinez, Vaughn, Schroer, Profit, Hood, Birkholz, Palamara, Murphy and Hanley offered the following concurrent resolution:

House Concurrent Resolution No. 98.

A concurrent resolution to urge the Department of State Police Motor Carrier Division to extend the hours of operation of highway weigh stations.

Resolved by the House of Representatives (the Senate concurring), That we urge the Department of State Police Motor Carrier Division to extend the hours of operation of highway weigh stations; and be it further

Resolved, That a copy of this resolution be transmitted to the Motor Carrier Division of the Department of State Police.

The concurrent resolution was referred to the Committee on Transportation.

House Concurrent Resolution No. 99.

A concurrent resolution to urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational.

Whereas, Highway transportation is a vital enterprise for Michigan. Our history with the automotive industry gives us a unique perspective on the many ways in which the highway infrastructure influences all aspects of our economy. In addition to its importance to manufacturing and agriculture, the quality of our highways has a direct impact on tourism; and

Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational; and be it further

Resolved, That a copy of this resolution be transmitted to the State Transportation Commission.

The concurrent resolution was referred to the Committee on Transportation.

Reports of Standing Committees

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

Senate Bill No. 865, entitled

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

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

SB 865 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

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

Senate Bill No. 897

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

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 897 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

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

Senate Bill No. 902, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 88.

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

SB 902 To Report Out:

Yeas: Reps. Alley, Brown, Kilpatrick, Schermesser, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt,

Nays: None.

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

Senate Bill No. 904, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 196.

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

SB 904 To Report Out:

Yeas: Reps. Alley, Brown, Kilpatrick, Schermesser, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt,

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, April 29, 1998, at 10:30 a.m.,

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

Absent: Reps. Mans, Wetters,

Excused: Reps. Mans, Wetters.

The Committee on Agriculture, by Rep. Vaughn, Vice-Chair, reported

House Bill No. 5754, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 802 (MCL 257.802), as amended by 1997 PA 80.

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 5754 To Report Out:

Yeas: Reps. Vaughn, Baade, Bogardus, Brewer, LaForge, Green, DeVuyst, Jelinek, Nye,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vaughn, Vice-Chair of the Committee on Agriculture, was received and read:

Meeting held on: Thursday, April 30, 1998, at 8:45 a.m.,

Present: Reps. Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Jelinek, Nye,

Absent: Reps. Wetters, Horton,

Excused: Reps. Wetters, Horton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 30, 1998, at 8:30 a.m.,

Present: Reps. Freeman, Callahan, DeHart, Nye, Perricone, Sanborn,

Absent: Reps. Mans, Agee, Galloway,

Excused: Reps. Mans, Agee, Galloway.

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, April 28:

Senate Bill Nos. 1086 1087 1088

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 30, for his approval of the following bills:

Enrolled House Bill No. 4784 at 10:03 a.m.

Enrolled House Bill No. 4972 at 10:05 a.m.

Enrolled House Bill No. 5358 at 10:07 a.m.

Enrolled House Bill No. 5566 at 10:09 a.m.

The Clerk announced that the following Senate bills had been received on Thursday, April 30:

Senate Bill Nos. 443 458 493 964 965 966 968 974 975 978 981 997 1011 1021 1050 1051 1052

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4031, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1996 PA 204.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1998 PA 2.

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

House Bill No. 4620, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 3, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 1994 PA 174.

The Senate has nonconcurred in the House amendments and appointed Senators Bouchard, Van Regenmorter and V.Smith as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Wallace, Baird and Nye.

The message was referred to the Clerk for record.

Senate Bill No. 443, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 200h, 200i, 200j, 200k, and 212a.