hj06048t.055

No. 55

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, June 4, 1998.

10:00 a.m.

The House was called to order by Acting Speaker Hanley.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--e/d/s

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--excused

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--e/d/s

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--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--e/d/s

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

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--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Dr. Vincent J. Petitpren, former State Representative from 1965-1970, offered the following invocation:

Members of the Capitol Dome

"So many have come and gone from these hallowed halls in so short a time,

Remember lovable Bill Romano and excitable Harry Thorne,

and our beloved speaker Joe Kowalski, and now in the dead of night

our humble friend Jim Nunneley was carried from these halls.

The battle that they echoed in rhetoric so great,

Leaves little impression on the public after these great debates.

We are left behind: Leaders, Kings and Queens. We serve our domains

without a throne.

In spite of accusation and the slanderous intonations that are thrown.

The publicist care not the good deeds that we do,

because we know to live well have never hit the news.

However,

We love the dome of Lansing, as we come in each day,

Even though we leave our families during our weekly stay.

Only the members of this elite club

Know the price that must be paid;

Pressures, victories, failures; our private life before the public is laid.

Let there be a mark, a symbol, or the names engraved on a plaque, shield

or in our minds,

For those that serve in these great halls as they give their coin of time

And now:

God rest these fine ladies and gentlemen

Until we meet again, we say, Amen."

______

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

The motion prevailed.

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

The motion prevailed.

The Speaker assumed the Chair.

Rep. Profit moved that Rep. Palamara be excused temporarily from today's session.

The motion prevailed.

Notices

June 4, 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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4304, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Baird moved to substitute (H-4) the bill.

The motion was seconded.

The question being on the adoption of the substitute (H-4) offered by Rep. Baird,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Baird,

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

The motion prevailed.

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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Wallace moved to amend the bill as follows:

1. Amend page 7, following line 24, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 1998.".

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. 538 Yeas--97

Agee Fitzgerald Kaza Profit

Alley Frank Kelly Prusi

Anthony Freeman Kilpatrick Quarles

Baade Gagliardi Kukuk Rhead

Baird Galloway LaForge Richner

Bankes Geiger Law Rison

Basham Gernaat Leland Rocca

Birkholz Gilmer Llewellyn Sanborn

Bobier Godchaux London Schauer

Bodem Goschka Lowe Schermesser

Brackenridge Green Mans Schroer

Brater Griffin Martinez Scott

Brewer Gubow Mathieu Sikkema

Brown Gustafson McBryde Stallworth

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Murphy Varga

Cherry Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Wallace

Curtis Horton Oxender Wetters

Dalman Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Dobronski

Nays--0

In The Chair: Hertel

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

______

Acting Speaker Hanley resumed the Chair.

Senate Bill No. 997, entitled

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

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

Roll Call No. 539 Yeas--98

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baade Gagliardi Kukuk Quarles

Baird Galloway LaForge Rhead

Bankes Geiger Law Richner

Basham Gernaat Leland Rison

Birkholz Gilmer LeTarte Rocca

Bobier Godchaux Llewellyn Sanborn

Bodem Goschka London Schauer

Brackenridge Green Lowe Schermesser

Brater Griffin Mans Schroer

Brewer Gubow Martinez Scott

Brown Gustafson Mathieu Sikkema

Byl Hale McBryde Stallworth

Callahan Hammerstrom McNutt Tesanovich

Cassis Hanley Middaugh Thomas

Cherry Harder Murphy Varga

Crissman Hertel Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Wallace

DeVuyst Jansen Oxender Whyman

Dobb Jelinek Parks Willard

Dobronski Jellema Perricone Wojno

Emerson Johnson

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.

Second Reading of Bills

House Bill No. 5796, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan council act," by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35 (MCL 124.651, 124.653, 124.655, 124.657, 124.659, 124.661, 124.663, 124.665, 124.667, 124.669, 124.671, 124.673, 124.675, 124.677, 124.679, 124.681, 124.683, and 124.685) and by adding sections 65, 67, 69, 71, 73, 75, 77, and 79.

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

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

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

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

Rep. Gagliardi moved that 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. 5796, 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. 540 Yeas--74

Agee Freeman Kelly Quarles

Alley Gagliardi Kilpatrick Richner

Anthony Galloway LaForge Rison

Baade Geiger Law Schauer

Baird Gilmer Leland Schermesser

Bankes Godchaux LeTarte Schroer

Basham Griffin Mans Scott

Birkholz Gubow Martinez Scranton

Bobier Hale Mathieu Sikkema

Bodem Hammerstrom Middaugh Stallworth

Brackenridge Hanley Murphy Tesanovich

Brater Harder Olshove Thomas

Byl Hertel Owen Varga

Callahan Hood Oxender Vaughn

Cherry Horton Parks Voorhees

Curtis Jansen Price Wallace

Dalman Jelinek Profit Wetters

Dobronski Jellema Prusi Willard

Fitzgerald Johnson

Nays--26

Brown Gernaat London Raczkowski

Cassis Goschka Lowe Rhead

Crissman Green McBryde Rocca

Cropsey Gustafson McNutt Sanborn

DeVuyst Kaza Nye Whyman

Dobb Kukuk Perricone Wojno

Frank Llewellyn

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

"Mr. Speaker and members of the House:

Supporters of the arts and other cultural organizations should seek voluntary support from patrons, not impose higher property taxes on citizens to pay for those institutions as this legislation would do.

When Proposal A was approved by the legislature and voters in 1994, one fear that a few of us expressed was that over time new property taxes would be enacted that would erode the benefits of the school tax cuts. This bill could lead to higher property taxes at the county level. It would allow the imposition of property taxes for cultural activities on property owners who themselves lack the economic means to afford tickets to the events and activities supported by their taxes."

Second Reading of Bills

Senate Bill No. 923, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

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

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.

______

Rep. Middleton entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 923, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

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

Roll Call No. 541 Yeas--96

Agee Dobb Johnson Price

Alley Dobronski Kaza Profit

Anthony Fitzgerald Kelly Prusi

Baade Frank Kilpatrick Quarles

Baird Freeman Kukuk Raczkowski

Bankes Gagliardi Law Rhead

Basham Galloway Leland Richner

Birkholz Geiger LeTarte Rocca

Bobier Gernaat Llewellyn Sanborn

Bodem Gilmer London Schauer

Brackenridge Goschka Lowe Schermesser

Brater Green Mans Scott

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 Nye Voorhees

Crissman Hood Olshove Wallace

Cropsey Horton Owen Wetters

Curtis Jansen Oxender Whyman

Dalman Jelinek Parks Willard

DeVuyst Jellema Perricone Wojno

Nays--4

Godchaux LaForge Schroer Scranton

In The Chair: Hanley

Pursuant to Joint Rule 20, the full title of the act shall read as follows:

"An act to impose a state tax on the transfer of an interest in real property; to provide for the administration of this act; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the tax; and to prescribe penalties and provide remedies,".

The House agreed to the full title.

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

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

______

Reps. Bogardus and Gire entered the House Chambers.

By unanimous consent the House returned to the order of

Messages from the Senate

June 4, 1998

Mary Kay Scullion

Clerk of the House of Representatives

State Capitol

Lansing, MI 48913

Dear Ms. Scullion:

This is to notify you that the Senate agrees with the request of the House of Representatives that the Senate concur in the House's request that the Governor return Enrolled House Bill No. 5304 for the purpose of correcting an error in a reference citation.

Sincerely,

Carol Morey Viventi

Secretary of the Senate

______

Rep. Gagliardi moved that a respectful message be sent to the Governor requesting the return of House Bill No. 5304.

The motion prevailed.

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, June 9, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 314.

A resolution honoring Coach Tom Izzo, 1997-1998 Big Ten Coach of the Year.

Whereas, It is a pleasure and a privilege to honor Tom Izzo in recognition of his being selected as 1997-1998 Big Ten Coach of the Year by the United States Basketball Writers Association. We also congratulate him on being selected as Coach of the Year by Basketball News and the Associated Press. Clearly, he is most deserving of these prestigious awards and our highest praise; and

Whereas, A graduate of Iron Mountain High School and Northern Michigan University (NMU), Tom excelled in academics and basketball. He played guard for NMU's basketball team from 1973-77 and was voted the team's MVP as a senior. After graduation, Tom Izzo took over the head coaching position at Ishpeming High School for the 1977-78 season. Tom returned to NMU to serve as the assistant basketball coach from 1979-83. In 1983, Tom was hired as the part-time assistant basketball coach for the Michigan State University (MSU) Spartans. In 1986, Coach Izzo left MSU to pursue another position at Tulsa, Oklahoma. However, a few weeks into his new job, Coach Izzo returned to East Lansing to begin full time coaching duties under the direction of Jud Heathcote, Head Coach for the Spartans; and

Whereas, After the 1994-95 season, Coach Jud Heathcote retired. Under the recommendation of the MSU Board of Trustees and Merrily Dean Baker, MSU's Athletic Director, Tom Izzo became MSU's head coach. Currently, in his third season at Michigan State, Coach Izzo led the Spartans to a 22-8 record and gained a berth in the NCAA tournament. In a field narrowed to sixteen teams, top-ranked North Carolina beat the Spartans. The Spartans finished 13-3 in the Big Ten and tied with Illinois for first place; and

Whereas, Coach Izzo's student athletes have experienced the joy of victory. He has also taught them that, win or lose, the real dignity is in trying their best. His players have learned the value of committing themselves to a goal, working hard to make that goal possible, and persevering until they reach that goal. These are admirable traits that will serve his team throughout their lives; now, therefore, be it

Resolved by the House of Representatives, That we congratulate Coach Tom Izzo, the Big Ten Coach of the Year, Basketball News' National Coach of the Year, and the Associated Press Coach of the Year. May he know of our admiration and warmest wishes for continued success; and be it further

Resolved, That a copy of this resolution be transmitted to Coach Tom Izzo as evidence of our heartfelt congratulations.

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.

Reports of Standing Committees

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

House Bill No. 5888, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5888 To Report Out:

Yeas: Reps. Leland, Schermesser, Brown, Mans, Olshove, Schauer, Scott, London, Birkholz, Byl, Middleton,

Nays: None.

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

House Bill No. 5889, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 86a and 89 (MCL 259.86a and 259.89), section 86a as added and section 89 as amended by 1996 PA 370.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5889 To Report Out:

Yeas: Reps. Leland, Schermesser, Brown, Mans, Olshove, Schauer, Scott, London, Birkholz, Byl, Middleton,

Nays: None.

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

Senate Bill No. 663, entitled

A bill to designate bridges on highway M-120 within the cities of Muskegon and North Muskegon as the Veterans Memorial bridges; and to prescribe the duties of the state transportation department.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 663 To Report Out:

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

Nays: None.

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

Senate Bill No. 1026, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 315, 319, and 323 (MCL 257.307, 257.315, 257.319, and 257.323), section 307 as amended by 1996 PA 205, section 319 as amended by 1996 PA 587, and section 323 as amended by 1994 PA 449, and by adding section 50a.

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

1. Amend page 7, line 26, after "SHALL" by striking out "CHANGES" and inserting "CHANGE".

2. Amend page 8, line 26, after "THAN" by striking out "90" and inserting "93".

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

Favorable Roll Call

SB 1026 To Report Out:

Yeas: Reps. Leland, Schermesser, Brown, Mans, Olshove, Schauer, Wojno, London, Birkholz, Byl, Galloway,

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, June 3, 1998, at 1:58 p.m.,

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

Absent: Reps. Baade, Curtis, Gernaat, Green,

Excused: Reps. Baade, Curtis, Gernaat, Green.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 907, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

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 907 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Geiger, Jellema, McBryde, Oxender,

Nays: Reps. Bobier, Jansen, Johnson.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 911, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1999; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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 911 To Report Out:

Yeas: Reps. Hood, Mathieu, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Geiger, Godchaux, Jellema, McBryde, Oxender,

Nays: Reps. Bankes, Bobier, Jansen, Johnson.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Concurrent Resolution No. 79.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lake Michigan College relative to the Lake Michigan College South Campus Center.

(For text of resolution, see House Journal No. 44, p. 985.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 79 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: None.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Concurrent Resolution No. 80.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Delta College relative to the Delta College Science and Learning Center.

(For text of resolution, see House Journal No. 44, p. 986.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 80 To Report Out:

Nays: None.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Concurrent Resolution No. 81.

A concurrent resolution to change the scope of the Michigan State Police Crime Lab project.

(For text of resolution, see House Journal No. 44, p. 987.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 81 To Report Out:

Nays: None.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Concurrent Resolution No. 82.

A concurrent resolution approving an amended conveyance of property to the State Building Authority and amending the lease relative to the Mid Michigan Community College Instructional Classrooms, Laboratories, and Student Facilities Harrison Campus.

(For text of resolution, see House Journal No. 44, p. 988.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 82 To Report Out:

Nays: None.

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Concurrent Resolution No. 83.

A concurrent resolution to change the scope of the South County Extension Center project at Southwestern Michigan College.

(For text of resolution, see House Journal No. 44, p. 988.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 83 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: Rep. Schroer.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 3, 1998, at 12:30 p.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, June 2:

Senate Bill No. 1173

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 3, for his approval of the following bill:

Enrolled House Bill No. 5262 at 10:28 a.m.

The Clerk announced that the following Senate bills had been received on Wednesday, June 3:

Senate Bill Nos. 479 928 1097 1156

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 4:

House Bill Nos. 5904 5905

The Clerk announced that the following Senate bills had been received on Thursday, June 4:

Senate Bill Nos. 105 106 1040 1122 1123

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4173, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 17j, 19, and 31 (MCL 38.1a, 38.17j, 38.19, and 38.31), section 1a as amended by 1995 PA 176, section 17j as amended by 1989 PA 9, section 19 as amended by 1996 PA 521, and section 31 as amended by 1991 PA 48, and by adding section 17m; and to repeal acts and parts of acts.

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.

House Bill No. 4444, entitled

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

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 amended the title to read as follows:

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 356, 356a, 356c, 356d, 362a, 377a, 380, 382, 387, 535, and 540g (MCL 750.356, 750.356a, 750.356c, 750.356d, 750.362a, 750.377a, 750.380, 750.382, 750.387, 750.535, and 750.540g), sections 356c and 356d as added by 1988 PA 20, section 382 as amended by 1980 PA 159, and section 540g as added by 1996 PA 328; and to repeal acts and parts of acts.

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

House Bill No. 4445, entitled

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

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 amended the title to read as follows:

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 74, 77, 131, 157s, 157w, 174, 177, 178, 181, 218, and 219a (MCL 750.74, 750.77, 750.131, 750.157s, 750.157w, 750.174, 750.177, 750.178, 750.181, 750.218, and 750.219a), section 131 as amended by 1984 PA 277, section 157s as amended and section 157w as added by 1987 PA 276, and section 219a as amended by 1996 PA 330.

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

House Bill No. 4446, entitled

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

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 amended the title to read as follows:

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," by amending sections 821, 822, 2952, and 2953 (MCL 600.821, 600.822, 600.2952, and 600.2953), section 821 as amended by 1996 PA 388, section 822 as amended by 1996 PA 374, section 2952 as added by 1984 PA 276, and section 2953 as added by 1988 PA 50; and to repeal acts and parts of acts.

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

House Bill No. 4694, entitled

A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 5588, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has appointed Senators McManus, Gast and Koivisto as conferees to join with Reps. Tesanovich, Frank and Jansen.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5589, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has appointed Senators McManus, Gast and A. Smith as conferees to join with Reps. Tesanovich, Hale and Bobier.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The Senate has appointed Senators Geake, Steil and Conroy to join with Reps. Price, Emerson and Jansen.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5591, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has appointed Senators McManus, Gast and Koivisto as conferees to join with Reps. Tesanovich, Hale and Bobier.

The bill was referred to Conference Committee on June 4, 1998.

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.

The Senate has appointed Senators Steil, Geake and Young as conferees to join with Reps. Mathieu, Hood and Gilmer.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has appointed Senators DeGrow, Steil and A. Smith as conferees to join with Reps. Owen, Martinez and Bobier.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5596, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has appointed Senators DeGrow, Steil and A. Smith as conferees to join with Reps. Ciaramitaro, Parks and Godchaux.

The bill was referred to Conference Committee on June 4, 1998.

House Bill No. 5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has appointed Senators Cisky, Hoffman and Vaughn as conferees to join with Reps. Schroer, Prusi and McBryde.

The bill was referred to Conference Committee on June 4, 1998.

Senate Bill No. 105, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.