No. 59

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature


REGULAR SESSION OF 1998


House Chamber, Lansing, Tuesday, June 16, 1998.

10:00 a.m.

The House was called to order by the Associate Speaker Pro Tempore.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--excused

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--absent

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--excused

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--e/d/s

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--excused

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

United States Army Major Chaplin Richard Quinn, offered the following invocation:

"Lord I thank You for past leaders of this great State of Michigan who knew the necessity of Your presence and wisdom in each piece of business conducted in this room, and determined every day to begin in prayer. We sincerely request Your presence here today and I pray that Your Holy Spirit not be invited only to be ignored or forgotten. The system today Lord is, they debate issues of the environment, taxes and justice. May these leaders choose what is morally correct rather than politically gainful. May they earnestly desire Your interest rather than special interest. May they seek heavenly wisdom and Godly truth rather than earthly praise or progressive religion. Lord bring revival to this land, to this State of Michigan. Bring Godly men and women to govern us. Forgive us for our abuse of freedom which exchange Your presence in our homes with infidelity, violence and divorce. Your presence in our schools with drugs, gangs, weapons and teen pregnancies. Exchange Your presence in our towns with empty churches, apathetic neighbors and senseless crime. Protect us from the legislation of godless moral decay in the name of liberty. Yes, Lord, I do implore Your presence here today, and pray that You not be silent nor we be deaf. I ask these things in Your Holy Name. Amen."

______

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

The motion prevailed.

Rep. Hammerstrom moved that Reps. Brackenridge and Law be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. London moved that Rep. Gernaat be excused temporarily from today's session.

The motion prevailed.

Rep. Johnson moved that Rep. Gilmer be excused temporarily from today's session.

The motion prevailed.

Reports of Select Committees

The Speaker laid before the House the conference report relative to

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 conference report was received from the Senate on June 9, consideration of which, under the rules, was postponed until June 10.)

(For conference report, see House Journal No. 56, p. 1340.)

The question being on the adoption of the conference report,

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

Roll Call No. 619 Yeas--99

Alley Dobronski Kaza Prusi

Anthony Emerson Kelly Raczkowski

Baade Fitzgerald Kilpatrick Rhead

Baird Frank Kukuk Richner

Bankes Freeman LaForge Rison

Basham Gagliardi Leland Rocca

Birkholz Galloway LeTarte Sanborn

Bobier Geiger Llewellyn Schauer

Bodem Gernaat London Schermesser

Bogardus Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Gubow Mathieu Stallworth

Byl Gustafson McBryde Tesanovich

Callahan Hale McManus Thomas

Cassis Hammerstrom McNutt Varga

Cherry Hanley Middaugh Vaughn

Ciaramitaro Harder Middleton Voorhees

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Palamara Whyman

DeHart Jelinek Parks Willard

DeVuyst Jellema Price Wojno

Dobb Johnson Profit

Nays--0

In The Chair: Gire

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 281.

A resolution to memorialize the United States Department of Agriculture to continue operations in Niles, Michigan, of its Plant Protection Center.

(For text of resolution, see House Journal No. 41, p. 888.)

(The resolution was reported by the Committee on Agriculture on June 9, consideration of which was postponed until June 10 under the rules.)

The question being on the adoption of the resolution,

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

The Speaker laid before the House

House Resolution No. 176.

A resolution to memorialize the President and the Congress of the United States to oppose religious persecution around the world.

(For text of resolution, see House Journal No. 90 of 1997, p. 2341.)

(The resolution was reported by the Committee on Constitutional and Civil Rights on June 9, consideration of which was postponed until June 10 under the rules.)

The question being on the adoption of the resolution,

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

______

Rep. Hammerstrom moved that Rep. Sikkema be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

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 bill was received from the Senate on June 4, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 9, see House Journal No. 55, p. 1304.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 620 Yeas--99

Agee Dobb Johnson Prusi

Alley Dobronski Kaza Raczkowski

Anthony Emerson Kelly Rhead

Baade Fitzgerald Kilpatrick Richner

Baird Frank Kukuk Rison

Bankes Freeman LaForge Rocca

Basham Gagliardi Leland Sanborn

Birkholz Galloway LeTarte Schauer

Bobier Geiger Llewellyn Schermesser

Bodem Gernaat Lowe Schroer

Bogardus Gire Martinez Scott

Brater Godchaux Mathieu Scranton

Brewer Goschka McBryde Stallworth

Brown Green McManus Tesanovich

Byl Gubow McNutt Thomas

Callahan Gustafson Middaugh Varga

Cassis Hale Middleton Vaughn

Cherry Hammerstrom Nye Voorhees

Ciaramitaro Hanley Olshove Walberg

Crissman Harder Owen Wallace

Cropsey Hood Oxender Wetters

Curtis Horton Palamara Whyman

Dalman Jansen Parks Willard

DeHart Jelinek Price Wojno

DeVuyst Jellema Profit

Nays--0

In The Chair: Gire

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

The Speaker laid before the House

House Bill No. 4640, entitled

A bill to amend 1915 PA 312, entitled "An act to establish, protect and enforce by lien the rights of garage keepers who furnish labor or material for storing, repairing, maintaining, keeping or otherwise supplying automobiles or other vehicles," by amending sections 1, 2, and 3 (MCL 570.301, 570.302, and 570.303), sections 1 and 2 as amended by 1990 PA 58, and by adding sections 4, 5, 6, and 7; and to repeal acts and parts of acts.

(The bill was received from the Senate on June 10, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1399.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 621 Yeas--100

Agee Dobb Jellema Price

Alley Dobronski Johnson Profit

Anthony Emerson Kaza Prusi

Baade Fitzgerald Kelly Raczkowski

Baird Frank Kilpatrick Rhead

Bankes Freeman Kukuk Richner

Basham Gagliardi LaForge Rison

Birkholz Galloway Leland Rocca

Bobier Geiger LeTarte Sanborn

Bodem Gernaat Llewellyn Schauer

Bogardus Gire Lowe Schermesser

Brater Godchaux Mans Schroer

Brewer Goschka Martinez Scott

Brown Green Mathieu Scranton

Byl Gubow McBryde Stallworth

Callahan Gustafson McManus Tesanovich

Cassis Hale McNutt Thomas

Cherry Hammerstrom Middaugh Varga

Ciaramitaro Hanley Middleton Vaughn

Crissman Harder Nye Voorhees

Cropsey Hertel Olshove Walberg

Curtis Hood Owen Wallace

Dalman Horton Oxender Whyman

DeHart Jansen Palamara Willard

DeVuyst Jelinek Parks Wojno

Nays--0

In The Chair: Gire

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

______

Rep. Bodem moved that Rep. Dobb be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5419, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 8, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 31, 33, and 34 of chapter IX as added and section 14 of chapter XI as amended by 1994 PA 445, and by adding chapter IXA.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Judiciary,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Reps. Nye and Ciaramitaro moved to amend the bill as follows:

1. Amend page 18, line 14, by striking out all of section 35 and inserting:

"SEC. 35. THE DEPARTMENT OF CORRECTIONS SHALL OPERATE A JAIL REIMBURSEMENT PROGRAM THAT PROVIDES FUNDING TO COUNTIES FOR HOUSING OFFENDERS IN COUNTY JAILS WHO OTHERWISE WOULD HAVE BEEN SENTENCED TO PRISON. THE CRITERIA FOR REIMBURSEMENT, INCLUDING BUT NOT LIMITED TO CRITERIA FOR DETERMINING THOSE OFFENDERS WHO OTHERWISE WOULD HAVE BEEN SENTENCED TO PRISON, AND THE RATE OF REIMBURSEMENT SHALL BE ESTABLISHED IN THE ANNUAL APPROPRIATIONS ACTS FOR THE DEPARTMENT OF CORRECTIONS.".

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

Rep. LeTarte moved to amend the bill as follows:

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

"(3) IF THE COURT DETERMINES AN INDIVIDUAL WHO IS TO BE SENTENCED TO A TERM OF IMPRISONMENT WOULD BENEFIT FROM ATTENDING A DRUG OR ALCOHOL TREATMENT PROGRAM OFFERED TO PRISONERS, THE COURT MAY, WITH THE INDIVIDUAL'S CONSENT, ORDER THE INDIVIDUAL TO ATTEND THAT DRUG OR ALCOHOL TREATMENT PROGRAM. IF THE COURT ORDERS THE INDIVIDUAL TO ATTEND A DRUG OR ALCOHOL TREATMENT PROGRAM UNDER THIS SECTION, THE COURT SHALL ORDER THE INDIVIDUAL TO SERVE THE TERM OF IMPRISONMENT AUTHORIZED BY LAW FOR THAT VIOLATION WITH THE OPPORTUNITY FOR A REDUCTION OF NOT MORE THAN 30% OF THAT SENTENCE BASED UPON THE INDIVIDUAL SUCCESSFULLY COMPLETING THAT DRUG OR ALCOHOL TREATMENT PROGRAM. IF THE COURT DETERMINES THE INDIVIDUAL HAS SUCCESSFULLY COMPLETED THE DRUG OR ALCOHOL TREATMENT PROGRAM, THE COURT SHALL ORDER THAT THE INDIVIDUAL SERVE THE REDUCED SENTENCE.".

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

Rep. LeTarte demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 622 Yeas--22

Bankes Godchaux Mans Rison

Brater Gubow Palamara Schroer

Byl Jellema Parks Scott

Emerson Kilpatrick Price Scranton

Freeman LaForge Profit Vaughn

Gire LeTarte

Nays--81

Agee DeVuyst Johnson Prusi

Alley Fitzgerald Kaza Raczkowski

Anthony Frank Kelly Rhead

Baade Gagliardi Kukuk Richner

Baird Galloway Leland Rocca

Basham Geiger Llewellyn Sanborn

Birkholz Gernaat London Schauer

Bobier Gilmer Lowe Schermesser

Bodem Goschka Martinez Sikkema

Bogardus Green Mathieu Stallworth

Brewer Gustafson McBryde Tesanovich

Brown Hale McManus Thomas

Callahan Hammerstrom McNutt Varga

Cassis Hanley Middaugh Voorhees

Cherry Harder Middleton Walberg

Ciaramitaro Hertel Nye Wallace

Crissman Hood Olshove Wetters

Cropsey Horton Owen Whyman

Curtis Jansen Oxender Willard

Dalman Jelinek Perricone Wojno

DeHart

In The Chair: Gire

Rep. McNutt 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. 5419, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 8, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 31, 33, and 34 of chapter IX as added and section 14 of chapter XI as amended by 1994 PA 445, and by adding chapter IXA.

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

Roll Call No. 623 Yeas--99

Agee Dobronski Kelly Prusi

Alley Emerson Kilpatrick Raczkowski

Anthony Fitzgerald Kukuk Rhead

Baade Freeman LaForge Richner

Baird Galloway Leland Rocca

Bankes Geiger Llewellyn Sanborn

Basham Gernaat London Schauer

Birkholz Gilmer Lowe Schermesser

Bobier Gire Mans Schroer

Bodem Godchaux Martinez Scott

Bogardus Goschka Mathieu Scranton

Brater Green McBryde Sikkema

Brewer Gubow McManus Stallworth

Brown Gustafson McNutt Tesanovich

Byl Hale Middaugh Thomas

Callahan Hammerstrom Middleton Varga

Cassis Hanley Nye Vaughn

Cherry Harder Olshove Voorhees

Ciaramitaro Hood Owen Walberg

Crissman Horton Oxender Wallace

Cropsey Jansen Palamara Wetters

Curtis Jelinek Parks Whyman

Dalman Jellema Perricone Willard

DeHart Johnson Price Wojno

DeVuyst Kaza Profit

Nays--2

Frank LeTarte

In The Chair: Gire

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 1927 PA 175, entitled "The code of criminal procedure," by amending sections 8, 10, 11, 12, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.10, 769.11, 769.12, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 10 and 11 of chapter IX as amended by 1988 PA 90, and section 12 of chapter IX and section 14 of chapter XI as amended and sections 31, 33, and 34 of chapter IX as added by 1994 PA 445, and by adding section 35 to chapter IX and adding chapter XVII.

The motion prevailed.

The House agreed to the title as amended.

Reps. Birkholz, Bodem, Brewer, Byl, Ciaramitaro, Crissman, Cropsey, DeVuyst, Fitzgerald, Geiger, Gernaat, Gilmer, Gire, Goschka, Jansen, Jelinek, Jellema, Johnson, Kukuk, London, Lowe, Mans, McBryde, Middaugh, Middleton, Nye, Oxender, Perricone, Profit, Raczkowski, Richner, Rocca, Sikkema and Voorhees were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5421, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 34 (MCL 800.34), as amended by 1996 PA 83; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Judiciary,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

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

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. 5421, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 34 (MCL 800.34), as amended by 1996 PA 83; and to repeal acts and parts of acts.

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

Roll Call No. 624 Yeas--102

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bodem Godchaux Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Sikkema

Brown Gustafson McManus Stallworth

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Nye Vaughn

Ciaramitaro Hertel Olshove Voorhees

Crissman Hood Owen Walberg

Cropsey Horton Oxender Wallace

Curtis Jansen Palamara Wetters

Dalman Jelinek Parks Whyman

DeHart Jellema Perricone Willard

DeVuyst Johnson Price Wojno

Dobronski Kaza

Nays--0

In The Chair: Gire

Rep. Freeman moved to reconsider the vote by which the House passed the bill.

The motion prevailed, a majority of the members present 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. 625 Yeas--104

Agee Emerson Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kilpatrick Raczkowski

Baade Freeman Kukuk Rhead

Baird Gagliardi LaForge Richner

Bankes Galloway Leland Rison

Basham Geiger LeTarte Rocca

Birkholz Gernaat Llewellyn Sanborn

Bobier Gilmer London Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Curtis Horton Oxender Wallace

Dalman Jansen Palamara Wetters

DeHart Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobronski Johnson Price Wojno

Nays--0

In The Chair: Gire

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 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending sections 34 and 35 (MCL 800.34 and 800.35), section 34 as amended by 1996 PA 83 and section 35 as added by 1994 PA 218; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Reps. Alley, Baird, Birkholz, Bogardus, Brewer, Cassis, Ciaramitaro, Crissman, Cropsey, Curtis, DeVuyst, Freeman, Gagliardi, Galloway, Geiger, Gernaat, Gilmer, Gire, Godchaux, Goschka, Green, Hanley, Horton, Jansen, Johnson, Kukuk, London, Lowe, Mans, Martinez, McBryde, McManus, McNutt, Middaugh, Middleton, Oxender, Parks, Perricone, Profit, Richner, Rocca, Sanborn, Walberg and Whyman were named co-sponsors of the bill.

______

Rep. Murphy entered the House Chambers.

Second Reading of Bills

House Bill No. 5876, entitled

A bill to amend 1975 PA 46, entitled "An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts," by amending sections 1, 4, 6, 7, 10, and 13 (MCL 4.351, 4.354, 4.356, 4.357, 4.360, and 4.363), as amended by 1995 PA 197.

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

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

Rep. Hanley 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. 5876, entitled

A bill to amend 1975 PA 46, entitled "An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts," by amending sections 1, 4, 6, 7, 10, and 13 (MCL 4.351, 4.354, 4.356, 4.357, 4.360, and 4.363), as amended by 1995 PA 197.

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

Roll Call No. 626 Yeas--104

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Raczkowski

Baade Freeman LaForge Rhead

Baird Gagliardi Leland Richner

Bankes Galloway LeTarte Rison

Basham Geiger Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bobier Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Bogardus Godchaux Martinez Schroer

Brater Goschka Mathieu Scott

Brewer Green McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Cropsey Hood Owen Walberg

Curtis Horton Oxender Wallace

Dalman Jansen Palamara Wetters

DeHart Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobronski Johnson Price Wojno

Nays--1

Kaza

In The Chair: Gire

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5398, 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 sections 34, 34a, 36, and 65a (MCL 791.234, 791.234a, 791.236, and 791.265a), section 34 as amended by 1994 PA 345, section 34a as amended by 1994 PA 427, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Corrections,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Freeman moved to substitute (H-5)* the bill.

The motion prevailed and the substitute (H-5)* was adopted, a majority of the members serving voting therefor.

Rep. Frank 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. 5398, 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 sections 34, 34a, 36, and 65a (MCL 791.234, 791.234a, 791.236, and 791.265a), section 34 as amended by 1994 PA 345, section 34a as amended by 1994 PA 427, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13.

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

Roll Call No. 627 Yeas--103

Agee Emerson Kilpatrick Prusi

Alley Fitzgerald Kukuk Raczkowski

Anthony Frank LaForge Rhead

Baade Freeman Leland Richner

Baird Gagliardi LeTarte Rison

Bankes Galloway Llewellyn Rocca

Basham Geiger London Sanborn

Birkholz Gernaat Lowe Schauer

Bobier Gire Mans Schermesser

Bodem Godchaux Martinez Schroer

Bogardus Goschka Mathieu Scott

Brater Green McBryde Scranton

Brewer Gubow McManus Sikkema

Brown Gustafson McNutt Stallworth

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Murphy Varga

Cherry Harder Nye Vaughn

Ciaramitaro Hertel Olshove Voorhees

Crissman Hood Owen Walberg

Cropsey Horton Oxender Wallace

Curtis Jansen Palamara Wetters

Dalman Jelinek Parks Whyman

DeHart Jellema Perricone Willard

DeVuyst Kaza Price Wojno

Dobronski Kelly Profit

Nays--0

In The Chair: Gire

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 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 sections 33, 34, 34a, 35, 36, 65, and 65a (MCL 791.233, 791.234, 791.234a, 791.235, 791.236, 791.265, and 791.265a), sections 33, 35, and 65 as amended by 1994 PA 217, section 34 as amended by 1994 PA 345, section 34a as amended by 1998 PA84, section 36 as amended by 1996 PA 554, and section 65a as amended by 1997 PA 13, and by adding section 7a.

The motion prevailed.

The House agreed to the title as amended.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2964 and 2965.

(The bill was received from the Senate on June 11, with substitute (S-5), title amendment and immediate effect given by the Senate, rule 45 suspended and bill postponed temporarily on June 11, see House Journal No. 58, p. 1416.)

The question being on concurring in the adoption of the substitute (S-5) made to the bill by the Senate,

Rep. Nye moved to amend the Senate substitute (S-5) as follows:

1. Amend page 4, following line 12, by inserting:

"Enacting section 1. Sections 2965, 2966, and 2967 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2965, 600.2966, and 600.2967, as added by this amendatory act, do not apply to a cause of action arising before the effective date of this amendatory act.".

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

Rep. Schermesser moved to amend the Senate substitute (S-5) as follows:

1. Amend page 2, line 3, by striking out all of section 2967 and inserting:

"SEC. 2967. A FIREFIGHTER OR POLICE OFFICER HAS NO CLAIM FOR NEGLIGENCE AGAINST THE OWNER OR OCCUPIER OF PROPERTY FOR INJURY OR DEATH CAUSED BY THE CONDITION OF THE PROPERTY IF THE FIREFIGHTER OR POLICE OFFICER WAS ON THE PROPERTY WITHIN THE SCOPE OF HIS OR HER PROFESSIONAL ACTIVITIES, DUTIES, OR FUNCTIONS. THIS SECTION DOES NOT BAR A CLAIM IF 1 OR MORE OF THE FOLLOWING EXCEPTIONS ARE MET:

(A) THE INJURY OR DEATH WAS PROXIMATELY CAUSED BY A VIOLATION OF LAW.

(B) THE INJURY OR DEATH WAS PROXIMATELY CAUSED BY THE SUBSEQUENT NEGLIGENCE OF THE OWNER OR OCCUPIER OF THE PROPERTY AFTER THE FIREFIGHTER OR POLICE OFFICER WAS AT THE SCENE.

(C) THE FIREFIGHTER OR POLICE OFFICER WAS IN A PLACE OPEN TO THE GENERAL PUBLIC AND WAS NOT ENGAGED IN AN ACTIVITY THAT EXPOSED HIM OR HER TO A GREATER RISK OF HARM THAN ANOTHER MEMBER OF THE GENERAL PUBLIC.".

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

Rep. Schermesser demanded the yeas and nays.

The demand was supported.

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

Rep. Wallace moved that consideration of the amendment be postponed for the day.

The motion prevailed.

Rep. Gagliardi moved to reconsider the vote by which the House postponed the amendment for the day.

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

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

Rep. Wallace withdrew the motion.

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

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

Roll Call No. 628 Yeas--103

Agee Frank Kilpatrick Prusi

Alley Freeman Kukuk Raczkowski

Anthony Gagliardi LaForge Rhead

Baade Galloway Leland Richner

Baird Geiger LeTarte Rison

Bankes Gernaat Llewellyn Rocca

Basham Gilmer London Sanborn

Birkholz Gire Lowe Schauer

Bobier Godchaux Mans Schermesser

Bodem Goschka Martinez Schroer

Bogardus Green Mathieu Scott

Brater Gubow McBryde Scranton

Brewer Gustafson McManus Sikkema

Brown Hale McNutt Stallworth

Byl Hammerstrom Middaugh Tesanovich

Callahan Hanley Middleton Thomas

Cassis Harder Murphy Varga

Cherry Hertel Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Curtis Jansen Oxender Wallace

Dalman Jelinek Palamara Wetters

DeHart Jellema Parks Whyman

DeVuyst Johnson Perricone Willard

Dobronski Kaza Price Wojno

Emerson Kelly Profit

Nays--0

In The Chair: Gire

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 629 Yeas--104

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bodem Godchaux Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Oxender Wallace

DeHart Jelinek Palamara Wetters

DeVuyst Jellema Parks Whyman

Dobronski Johnson Perricone Willard

Emerson Kaza Price Wojno

Nays--0

In The Chair: Gire

The House agreed to the title as amended.

______

The Speaker assumed the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Jellema moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 1156.

(For first notice see House Journal No. 58, p. 1426.)

The question being on the motion by Rep. Jellema,

Rep. Jellema demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Jellema,

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

Roll Call No. 630 Yeas--49

Bankes Gernaat Kaza Oxender

Birkholz Gilmer Kukuk Perricone

Bobier Godchaux LeTarte Raczkowski

Bodem Goschka Llewellyn Rhead

Byl Green London Richner

Cassis Gustafson Lowe Rocca

Crissman Hammerstrom McBryde Sanborn

Cropsey Horton McManus Scranton

Dalman Jansen McNutt Sikkema

DeVuyst Jelinek Middaugh Voorhees

Fitzgerald Jellema Middleton Walberg

Galloway Johnson Nye Whyman

Geiger

Nays--53

Agee Emerson LaForge Schauer

Alley Frank Leland Schermesser

Anthony Freeman Mans Schroer

Baade Gagliardi Martinez Scott

Baird Gire Mathieu Stallworth

Basham Gubow Murphy Tesanovich

Brater Hale Olshove Thomas

Brown Hanley Owen Varga

Callahan Harder Palamara Vaughn

Cherry Hertel Parks Wallace

Ciaramitaro Hood Price Wetters

Curtis Kelly Prusi Willard

DeHart Kilpatrick Rison Wojno

Dobronski

In The Chair: Hertel

Messages from the Senate

The Speaker laid before the House

House Bill No. 5346, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending section 5 (MCL 446.205).

(The bill was received from the Senate on June 11, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 58, p. 1440.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 631 Yeas--103

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bodem Godchaux Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Oxender Wallace

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Emerson Kaza Price

Nays--0

In The Chair: Hertel

The House agreed to the title as amended.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Horton moved that Rep. Green be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4328, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending sections 3 and 10 (MCL 474.53 and 474.60), section 3 as amended by 1984 PA 210 and section 10 as amended by 1993 PA 28.

(The bill was received from the Senate on June 11, with substitute (S-5), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 58, p. 1439.)

The question being on concurring in the adoption of the substitute (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 632 Yeas--103

Agee Fitzgerald Kilpatrick Prusi

Alley Frank Kukuk Raczkowski

Anthony Freeman LaForge Rhead

Baade Gagliardi Leland Richner

Baird Galloway LeTarte Rison

Bankes Geiger Llewellyn Rocca

Basham Gernaat London Sanborn

Birkholz Gilmer Lowe Schauer

Bobier Gire Mans Schermesser

Bodem Godchaux Martinez Schroer

Bogardus Goschka Mathieu Scott

Brater Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Ciaramitaro Hertel Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Curtis Jansen Oxender Wallace

Dalman Jelinek Palamara Wetters

DeHart Jellema Parks Whyman

DeVuyst Johnson Perricone Willard

Dobronski Kaza Price Wojno

Emerson Kelly Profit

Nays--0

In The Chair: Murphy

The House agreed to the title as amended.

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

Second Reading of Bills

House Bill No. 5122, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904d.

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

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

Reps. Freeman and Crissman moved to amend the bill as follows:

1. Amend page 6, line 20, after "PERSON" by striking out the balance of the line through "FAULT" on line 21.

2. Amend page 7, line 16, after "ACT," by striking out the balance of the line through "TO" on line 17 and inserting "IF A PERSON IS CONVICTED UNDER SUBSECTION (4), THE COURT MAY ORDER".

3. Amend page 8, line 8, after "VEHICLE" by striking out the balance of the line through "FAULT" on line 9.

4. Amend page 8, line 12, after "BOTH." by striking out the balance of the line through "OF" on line 14 and inserting "IF A PERSON, PARTNERSHIP, OR CORPORATION IS FOUND GUILTY OF VIOLATING THIS SUBSECTION, THE COURT MAY ORDER 1 OF THE PENALTIES DESCRIBED IN".

The question being on the adoption of the amendments offered by Reps. Freeman and Crissman,

Rep. Nye moved to amend the Freeman and Crissman amendments as follows:

1. Amend Reps. Freeman and Crissman Amendment No. 4, page 8, line 12, after "PERSON," by inserting "LIMITED PARTNERSHIP,".

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

The question being on the adoption of the amendments offered previously by Reps. Freeman and Crissman,

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

Rep. Freeman 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. 5123, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904c.

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

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

Reps. Freeman and Crissman moved to amend the bill as follows:

1. Amend page 6, line 19, after "PERSON" by striking out the balance of the line through "FAULT" on line 20.

2. Amend page 7, line 2, after "ACT," by striking out the balance of the line through "TO" on line 3 and inserting "IF A PERSON IS CONVICTED UNDER SUBSECTION (4), THE COURT MAY ORDER".

3. Amend page 7, line 13, after "VEHICLE" by striking out the balance of the line through "FAULT" on line 14.

4. Amend page 7, line 17, after "BOTH." by striking out the balance of the line through "OF" on line 19 and inserting "IF A PERSON, PARTNERSHIP, OR CORPORATION IS FOUND GUILTY OF VIOLATING THIS SUBSECTION, THE COURT MAY ORDER 1 OF THE PENALTIES DESCRIBED IN".

The question being on the adoption of the amendments offered by Reps. Freeman and Crissman,

Rep. Nye moved to amend the Freeman and Crissman amendments as follows:

1. Amend Reps. Freeman and Crissman Amendment No. 4, page 7, line 17, after "PERSON," by inserting "LIMITED PARTNERSHIP,".

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

The question being on the adoption of the amendments offered previously by Reps. Freeman and Crissman,

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

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Godchaux, Bodem, Perricone, Nye, Galloway, Jansen, Sanborn, Rocca, LeTarte, Byl, Fitzgerald, Hammerstrom, Cassis, Jelinek, Raczkowski, Richner, Basham, Stallworth, Geiger, Crissman, Dalman, Bankes, Middleton, Birkholz, Jellema, DeVuyst, Voorhees, Scranton, Agee, Anthony, Baade, Baird, Bobier, Bogardus, Brewer, Brown, Callahan, DeHart, Dobronski, Frank, Gagliardi, Gernaat, Gire, Goschka, Hale, Harder, Horton, Johnson, Kelly, Kilpatrick, Kukuk, LaForge, London, Martinez, McBryde, McManus, Middaugh, Murphy, Olshove, Oxender, Palamara, Parks, Price, Profit, Prusi, Rison, Schauer, Scott, Sikkema, Tesanovich, Thomas, Varga and Wojno offered the following resolution:

House Resolution No. 322.

A resolution to memorialize the Congress of the United States to enact the Automobile National Heritage Area Act.

Whereas, Much of our country's manufacturing strength can be traced to the activities of the automobile industry in Michigan. Over the past century, the growth of this key industry has constituted a remarkable chapter in our history and our heritage. From the infancy of automobiles in Michigan to the industry's role during war, the process of manufacturing automobiles has meant more to our country than can be measured by economic statistics alone; and

Whereas, In an effort to recognize and preserve the cultural heritage of the automobile industry, interested citizens and organizations are working with members of Congress to establish a program to establish an automobile heritage area. The automobile heritage area would join the heritage areas already established in our country and maintained in conjunction with the National Park Service; and

Whereas, Two bills have been introduced in Congress to provide for the Automobile National Heritage Area. These measures, H.R.3910 and S.2104, would extend the program to corridors in the state with unique roles in Michigan's automobile history, including not only the metropolitan Detroit region, but also locations in Flint and Lansing; and

Whereas, There are presently sixteen heritage areas throughout the country. These help to preserve the history of the textile industry in Massachusetts, the role of the canals and other waterways in our nation's development, and several other unique components of America's past. The automobile industry certainly is an appropriate addition to this effort to save our cultural heritage; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Automobile National Heritage Area Act; and be it further

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

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. Bodem, Galloway, Godchaux, Perricone, Nye, Jansen, Sanborn, Rocca, Jellema, LeTarte, Byl, Fitzgerald, Hammerstrom, Cassis, Jelinek, Raczkowski, Richner, Basham, Stallworth, Crissman, Dalman, Bankes, Birkholz, DeVuyst, Voorhees, Scranton, Agee, Anthony, Baade, Baird, Bobier, Bogardus, Brewer, Brown, Cherry, DeHart, Dobronski, Frank, Geiger, Gernaat, Gilmer, Gire, Goschka, Hale, Harder, Horton, Johnson, Kelly, Kilpatrick, Kukuk, LaForge, London, Lowe, Martinez, McBryde, McManus, Middaugh, Olshove, Parks, Price, Profit, Prusi, Rison, Schauer, Schermesser, Scott, Tesanovich, Thomas, Vaughn and Wetters offered the following concurrent resolution:

House Concurrent Resolution No. 111.

A concurrent resolution to memorialize the Congress of the United States to enact the Automobile National Heritage Area Act.

Whereas, Much of our country's manufacturing strength can be traced to the activities of the automobile industry in Michigan. Over the past century, the growth of this key industry has constituted a remarkable chapter in our history and our heritage. From the infancy of automobiles in Michigan to the industry's role during war, the process of manufacturing automobiles has meant more to our country than can be measured by economic statistics alone; and

Whereas, In an effort to recognize and preserve the cultural heritage of the automobile industry, interested citizens and organizations are working with members of Congress to establish a program to establish an automobile heritage area. The automobile heritage area would join the heritage areas already established in our country and maintained in conjunction with the National Park Service; and

Whereas, Two bills have been introduced in Congress to provide for the Automobile National Heritage Area. These measures, H.R.3910 and S.2104, would extend the program to corridors in the state with unique roles in Michigan's automobile history, including not only the metropolitan Detroit region, but also locations in Flint and Lansing; and

Whereas, There are presently sixteen heritage areas throughout the country. These help to preserve the history of the textile industry in Massachusetts, the role of the canals and other waterways in our nation's development, and several other unique components of America's past. The automobile industry certainly is an appropriate addition to this effort to save our cultural heritage; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact the Automobile National Heritage Area Act; and be it further

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

Pending the reference of the concurrent resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

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

______

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Wednesday, June 17, at 10:00 a.m.

The motion prevailed.

Reps. Scott, Vaughn, Murphy, Thomas, Parks, Hood, Varga, Mans, Brown, Hanley, Price, Wojno, Kilpatrick, Hale, Kelly, Wallace, Dobronski, Leland, DeHart, Schermesser, Rison, Cherry, Brater, Schroer, Bankes, Martinez, Basham, Stallworth, Scranton, Richner, Birkholz, Raczkowski, Jelinek, Cassis, Willard, Gire, Gubow, Baird, Curtis, Bogardus and Schauer offered the following resolution:

House Resolution No. 323.

A resolution offered as a memorial to the life of Rebecca H. Barksdale.

Whereas, It is with great respect that we offer tribute to honor the memory of Rebecca H. Barksdale. The founder of one of the largest funeral homes owned by a woman in Michigan, Rebecca was dedicated to the interests of Detroit, and during her more than thirty years as a funeral home owner, she strived to make Detroit a wonderful place to live and work; and

Whereas, Mrs. Barksdale, a devoted wife, mother and grandmother, was a leader who successfully challenged stereotypes to become an entrepreneur in an industry where female African-American owners were rare. Although a calm and unpretentious person, Mrs. Barksdale earned her Bachelor's Degree from Wayne State University and a Mortuary Science Degree from Worsham College in Chicago before opening her first funeral home on Puritan and her second on East State Fair in Detroit, demonstrating the achievement that followed her determination; and

Whereas, This concerned citizen shared her time and talent as a member and director of civic and professional organizations, such as President of the Michigan Selected Morticians Association, member of the state Mortuary Science Board, and board member of the Metropolitan Growth Development and Economic Development Committees of Wayne County. In every endeavor during her productive lifetime, Mrs. Barksdale displayed integrity and dignity. She earned much respect and leaves an unfillable void; and

Whereas, Awards she received paid homage to her effectiveness, integrity, and sincere goodwill that benefited everyone. In the 1970s, she earned both the National Funeral Directors and Embalmers Association's Woman of the Year Award and the Michigan Office of Minority Enterprise's Entrepreneur of the Month Award. As a business leader, she was much admired and will be long remembered; now, therefore, be it

Resolved by the House of Representatives, That we are both saddened by her loss and heartened by her legacy of exceptional dedication to family, work, and her beloved Detroit. We offer our words of praise as a memorial for Rebecca H. Barksdale, a woman who had a profound impact on her community, state, and nation; and be it further

Resolved, That a copy of this resolution be transmitted to her family as a symbol of our sympathy.

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 Public Utilities, by Rep. Olshove, Chair, reported

House Bill No. 5545, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 42 (MCL 24.242), as amended by 1993 PA 141.

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 5545 To Report Out:

Yeas: Reps. Olshove, Thomas, Baade, Dobronski, Freeman, Hanley, Murphy, Profit, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Whyman,

Nays: None.

The Committee on Public Utilities, by Rep. Olshove, Chair, reported

Senate Bill No. 837, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 506.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 837 To Report Out:

Yeas: Reps. Olshove, Thomas, Baade, Dobronski, Freeman, Hanley, Murphy, Profit, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Whyman,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:

Meeting held on: Tuesday, June 16, 1998, at 1:16 p.m.,

Present: Reps. Olshove, Thomas, Baade, Dobronski, Freeman, Hanley, Murphy, Profit, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Whyman,

Absent: Reps. Alley, Griffin, Gubow, Leland, Wetters, Dobb, Raczkowski,

Excused: Reps. Alley, Griffin, Gubow, Leland, Wetters, Dobb, Raczkowski.

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

Senate Bill No. 908, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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 908 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich,

Nays: Reps. Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender.

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

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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 910 To Report Out:

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

Nays: Rep. Geiger.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 16, 1998, at 9:00 a.m.,

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

Absent: Rep. Parks.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 16, 1998, at 8:30 a.m.,

Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Wojno, Nye, Dalman, Fitzgerald, McNutt, Richner,

Absent: Reps. Cropsey, Law,

Excused: Reps. Cropsey, Law.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Tuesday, June 16, 1998, at 9:00 a.m.,

Present: Reps. Cherry, Brown, Brater, Scranton, Walberg,

Absent: Reps. Curtis, Quarles, LeTarte, Dalman,

Excused: Reps. Curtis, Quarles, LeTarte, Dalman.

Messages from the Senate

House Bill No. 5594, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1999; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.

The Senate has appointed Senators Hoffman, DeGrow and Young as conferees to join with Reps. Harder, Hale and Jellema.

The bill was referred to the Conference Committee on June 16, 1998.

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.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Gast, DeGrow and Vaughn as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 909, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Cisky, Hoffman and Vaughn as conferees.

The message was referred to the Clerk for record.

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.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Schwarz, Cisky and Koivisto as conferees.

The message was referred to the Clerk for record.

Notices

June 15, 1998

This is to inform you that I will be removing Representative Derrick Hale from the Environmental Quality Conference Committee and replacing him with Representative Mike Prusi.

Sincerely,

Curtis Hertel

Speaker of the House

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 10, for his approval of the following bills:

Enrolled Senate Bill No. 74 at 3:28 p.m.

Enrolled Senate Bill No. 75 at 3:30 p.m.

Enrolled Senate Bill No. 895 at 3:32 p.m.

Enrolled Senate Bill No. 896 at 3:34 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, June 12:

House Bill Nos. 5923 5924 5925 5926

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 16, for his approval of the following bills:

Enrolled House Bill No. 5138 at 10:00 a.m.

Enrolled House Bill No. 5139 at 10:02 a.m.

Enrolled House Bill No. 5140 at 10:04 a.m.

Enrolled House Bill No. 5141 at 10:06 a.m.

Enrolled House Bill No. 5142 at 10:08 a.m.

Enrolled House Bill No. 5143 at 10:10 a.m.

Enrolled House Bill No. 5144 at 10:12 a.m.

Enrolled House Bill No. 5145 at 10:14 a.m.

Enrolled House Bill No. 5146 at 10:16 a.m.

Enrolled House Bill No. 5147 at 10:18 a.m.

Enrolled House Bill No. 5148 at 10:20 a.m.

Enrolled House Bill No. 5149 at 10:22 a.m.

Enrolled House Bill No. 5150 at 10:24 a.m.

Enrolled House Bill No. 5151 at 10:26 a.m.

Enrolled House Bill No. 5152 at 10:28 a.m.

Enrolled House Bill No. 5153 at 10:30 a.m.

Enrolled House Bill No. 5154 at 10:32 a.m.

Enrolled House Bill No. 5155 at 10:34 a.m.

Enrolled House Bill No. 5156 at 10:36 a.m.

Enrolled House Bill No. 5157 at 10:38 a.m.

Enrolled House Bill No. 5158 at 10:40 a.m.

Enrolled House Bill No. 5159 at 10:42 a.m.

Enrolled House Bill No. 5160 at 10:44 a.m.

Enrolled House Bill No. 5161 at 10:46 a.m.

Enrolled House Bill No. 5162 at 10:48 a.m.

Enrolled House Bill No. 5163 at 10:50 a.m.

Enrolled House Bill No. 5164 at 10:52 a.m.

Enrolled House Bill No. 5165 at 10:54 a.m.

Enrolled House Bill No. 5167 at 10:56 a.m.

Enrolled House Bill No. 5168 at 10:58 a.m.

Enrolled House Bill No. 5169 at 11:00 a.m.

Enrolled House Bill No. 5170 at 11:02 a.m.

Enrolled House Bill No. 5171 at 11:04 a.m.

Enrolled House Bill No. 5172 at 11:06 a.m.

Enrolled House Bill No. 5173 at 11:08 a.m.

Enrolled House Bill No. 5174 at 11:10 a.m.

Enrolled House Bill No. 5176 at 11:12 a.m.

Enrolled House Bill No. 5177 at 11:14 a.m.

Enrolled House Bill No. 5178 at 11:16 a.m.

Enrolled House Bill No. 5179 at 11:18 a.m.

Enrolled House Bill No. 5180 at 11:20 a.m.

Enrolled House Bill No. 5181 at 11:22 a.m.

Enrolled House Bill No. 5182 at 11:24 a.m.

Enrolled House Bill No. 5183 at 11:26 a.m.

Enrolled House Bill No. 5184 at 11:28 a.m.

Enrolled House Bill No. 5186 at 11:30 a.m.

Enrolled House Bill No. 5187 at 11:32 a.m.

Enrolled House Bill No. 5188 at 11:34 a.m.

Enrolled House Bill No. 5189 at 11:36 a.m.

Enrolled House Bill No. 5190 at 11:38 a.m.

Enrolled House Bill No. 5191 at 11:40 a.m.

Enrolled House Bill No. 5192 at 11:42 a.m.

Enrolled House Bill No. 5193 at 11:44 a.m.

Enrolled House Bill No. 5194 at 11:46 a.m.

Enrolled House Bill No. 5195 at 11:48 a.m.

Enrolled House Bill No. 5196 at 11:50 a.m.

Enrolled House Bill No. 5197 at 11:52 a.m.

Enrolled House Bill No. 5198 at 11:54 a.m.

Enrolled House Bill No. 5199 at 11:56 a.m.

Enrolled House Bill No. 5200 at 11:58 a.m.

Enrolled House Bill No. 5202 at 12:00 p.m.

Enrolled House Bill No. 5203 at 12:02 p.m.

Enrolled House Bill No. 5304 at 12:04 p.m.

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, June 16:

House Bill Nos. 5927 5928 5929 5930 5931 5932 5933 5934 5935 5936 5937 5938

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:13 P.M. this date, administrative rule (98-05-6) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Architects", effective 15 days hereafter.

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (98-05-7) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Barbers", effective 15 days hereafter.

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:17 P.M. this date, administrative rule (98-05-8) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Builders", effective 15 days hereafter.

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:19 P.M. this date, administrative rule (98-05-9) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Engineers", effective 15 days hereafter.

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:21 P.M. this date, administrative rule (98-05-10) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Foresters", effective 15 days hereafter.

May 26, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:23 P.M. this date, administrative rule (98-05-11) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Landscape Architects", effective 15 days hereafter.

May 28, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:08 P.M. this date, administrative rule (98-05-12) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Cemetery Regulation", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Anthony introduced

House Bill No. 5939, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61505a and part 620.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Raczkowski and Cassis introduced

House Bill No. 5940, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8123 (MCL 600.8123), as amended by 1990 PA 54.

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

Reps. Cassis and Raczkowski introduced

House Bill No. 5941, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8123 (MCL 600.8123), as amended by 1990 PA 54.

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

Reps. Rocca, Sanborn, Kukuk, Olshove and Gire introduced

House Bill No. 5942, entitled

A bill to amend 1917 PA 138, entitled "An act to authorize the creation of county libraries; to authorize the contracting by the board of supervisors of any county for library service; to authorize the contracting by the board of supervisors of any county or the board of trustees of any regional library with any other municipality for the furnishing of such service; and to provide for a tax for the purposes of this act," by amending section 2 (MCL 397.302), as amended by 1994 PA 77.

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

Reps. Sanborn, Horton, Richner, Lowe, Jansen, Kukuk, Cropsey, Goschka, Dalman, Green, Gernaat, Sikkema, Kaza, Birkholz, Jellema, Law, Walberg, Baade, Brewer, McBryde, Voorhees, Perricone and Scranton introduced

House Bill No. 5943, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 10 (MCL 380.10) as added by 1995 PA 289.

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

Reps. Richner, Scranton, Raczkowski, Birkholz, Jellema, Green, Godchaux, Kaza, Kukuk, Nye, Walberg, Cropsey, Johnson, Wetters, Horton, Jelinek, Cassis, Thomas, Hale, Basham, Lowe, Goschka, McManus, London, Olshove, Fitzgerald, Gubow, Varga, Dalman, Whyman, Gernaat, Bodem, Sikkema, Gustafson, Byl, Middleton, McNutt, Hammerstrom, Ciaramitaro, Schauer, Kelly, Parks, Law, Llewellyn, Harder, DeVuyst, Baade, Geiger, Sanborn, Gilmer, Perricone, Voorhees, Griffin, Frank, Oxender, Profit, Bobier, LeTarte, Bankes, Rhead, Mans, Brackenridge and Middaugh introduced

House Bill No. 5944, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 10204 (MCL 333.10204), as amended by 1988 PA 63.

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

Reps. Lowe, Scranton, Dobb, Nye, Cropsey, Bodem, McNutt, Goschka, Jellema, Green, Horton, Sikkema, Byl, McBryde, Richner, London, Kaza, Voorhees and Perricone introduced

House Bill No. 5945, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3a (MCL 205.93a), as amended by 1993 PA 326.

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

______

Rep. Baade moved that the House adjourn.

The motion prevailed, the time being 4:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, June 17, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives. gh school athletic fields in the State of Michigan, dating back to its first use in the spring of 1916; and

Whereas, Ratcliffe Field is named in honor of W.A. Ratcliffe, one of South Haven's Live Wire Public Spirited Business Men. Mr. Ratcliffe embodied the spirit of athletics and served as a fine example for the South Haven community; and

Whereas, The first contests were held on Ratcliffe Field in 1916, which was remodeled in 1930. Arkins Fieldhouse was added in 1950 and the field was updated in 1976. Ratcliffe Field was deeded to the South Haven School System in 1980, providing a unique setting for high school sports; and

Whereas, This milestone offers us an opportunity to acknowledge the tremendous asset of Ratcliffe Field to the people of the South Haven area, both past and present; and

Whereas, The tradition of sports in the development of our youth is notable. Since 1916, Ratcliffe Field has provided an outlet to young people who have, in turn, utilized their athletic training to develop the leadership to better the world around them; now, therefore, be it

Resolved by the House of Representatives, That this resolution be dedicated to recognize Ratcliffe Field as one of the oldest high school athletic fields in the state, dating back to its first use in the spring of 1916. May we congratulate the athletes and the entire community on this milestone.

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. Scott, Kelly, Thomas, Dobronski, Anthony, Hale, DeHart, Baade, Cherry, Vaughn, Kilpatrick, Jelinek, Tesanovich, Profit, Goschka, Brater, London, Freeman, Bodem, Gernaat, Crissman, Hanley, LaForge, Jellema, Bogardus, Voorhees, Gubow, Murphy, Parks, Jansen, Green, Dobb and Oxender offered the following resolution:

House Resolution No. 321.

A resolution to honor Reverend George Lee Burton on his 50th pastoral anniversary.

Whereas, It is a pleasure and a privilege to honor Reverend George Lee Burton of Nazarene Missionary Baptist Church in Detroit, Michigan, as he celebrates his 50th pastoral anniversary. Throughout his many years as a reverend, he has been both a spiritual leader and a friend to his parishioners; and

Whereas, Reverend Burton was born in Montgomery, Alabama on July 16, 1910 and ordained in 1946 at the Nazarene Missionary Baptist Church, where he has been shepherd of the flock for 50 years. His faithful commitment to the Nazarene is evident not only by the many positive relationships he has nurtured within the community, but also by the accomplishments he has achieved through capably handling many additional duties and responsibilities, such as: Financial Secretary, Recording Secretary, and Vice President of the Detroit Council of Baptist Pastors, Treasurer of the B.M. & E. State Convention, the Michigan District Women's Auxiliary, and the Michigan District Congress, School Board Member, President of the Fellowship of Baptist Ministers, mentor to many young Michigan ministers and lifetime member of the NAACP; and

Whereas, The initiative with which God has blessed Reverend Burton has not gone untapped. As implementor and benefactor of the Detroit Prison Fellowship Program, the life Choice Program, and the Northend Community Outreach Program, it is well known that the people of his community are important to him. He has addressed their concerns, given wise counsel, and assumed prominent and caring roles for the benefit of all; now, therefore, be it

Resolved by the House of Representatives, That we are indeed grateful to honor Reverend George Lee Burton as he celebrates his 50th pastoral anniversary. Our great state is blessed with his many contributions to its people and we are most pleased that, of all the places in the world, he chose Michigan for his heavenly mission; and be it further

Resolved, That copy of this resolution be transmitted to Reverend Burton as a symbol of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Thomas, Dobb, Scranton, McNutt, Richner, Kelly, Parks, Hale and Kilpatrick offered the following concurrent resolution:

House Concurrent Resolution No. 110.

A concurrent resolution to urge the Congress of the United States to consider legislation amending the Social Security Act to authorize issuance of waivers to states allowing design and implementation of alternative retirement plans.

Whereas, Social Security is a federal program that concerns the individual retirement needs of many Americans; and

Whereas, Social Security tax revenues alone will be insufficient to pay current benefits as early as the year 2012; and

Whereas, The Social Security Trust Fund may be completely exhausted by the year 2029; and

Whereas, The investment return on Social Security contributions made by many workers today is significantly below that available from other sources; and

Whereas, Michigan workers deserve the opportunity to invest more productively for their own retirements; and

Whereas, More retirement investment alternatives might dramatically increase the savings rate of Michigan citizens and retain more young adults who would otherwise leave the state for jobs elsewhere; and

Whereas, The state of Michigan has demonstrated an adept ability to manage successfully the investments of its own retirement systems; and

Whereas, The federal government has recognized Michigan's ability to develop successful alternatives for managing programs at the state level through waivers; and

Whereas, The Clinton administration is considering various innovations to help preserve Social Security; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Congress of the United States to consider legislation amending the Social Security Act to authorize issuance of waivers to states allowing design and implementation of alternative retirement plans; and be it further

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

The concurrent resolution was referred to the Committee on Public Retirement.

Reports of Standing Committees

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

House Bill No. 5287, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86.

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 5287 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wetters, Wojno, Perricone, Brackenridge, Dobb, Goschka, Middleton,

Nays: Rep. Agee.

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

House Bill No. 5801, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 39 (MCL 211.39).

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 5801 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Wetters, Wojno, Perricone, Brackenridge, Dobb, Middleton,

Nays: None.

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

House Bill No. 5892, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 6 (MCL 208.6) and by adding section 21b.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5892 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

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

House Bill No. 5909, 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 27a (MCL 205.27a), as amended by 1993 PA 14.

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 5909 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton,

Nays: None.

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

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 105 To Report Out:

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

Nays: None.

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

Senate Bill No. 106, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 106 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 10, 1998, at 8:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton,

Absent: Reps. Hanley, Palamara, Whyman,

Excused: Rep. Hanley.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5831, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2851 (MCL 333.2851), as added by 1996 PA 284.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5831 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5832, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1804, 1809, and 1811 (MCL 339.1804, 339.1809, and 339.1811); and to repeal acts and parts of acts.

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

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

Favorable Roll Call

HB 5832 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5833, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending sections 2, 9, 12, 12a, 16, 18, and 21 (MCL 456.522, 456.529, 456.532, 456.532a, 456.536, 456.538, and 456.541), as amended by 1982 PA 132, and by adding sections 2b, 2c, 2d, 12b, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, 16i, and 16j.

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

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

Favorable Roll Call

HB 5833 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5834, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending sections 4, 5, 6, 8, 12, 13, 15, 18, 19, and 24 (MCL 328.214, 328.215, 328.216, 328.218, 328.222, 328.223, 328.225, 328.228, 328.229, and 328.234) and by adding sections 12a, 12b, 12c, 12d, 12e, and 12f.

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

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

Favorable Roll Call

HB 5834 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Profit, Quarles, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5838, entitled

A bill to amend 1871 PA 164, entitled "An act to provide for vacating cemetery plats and cemetery grounds in the limits of incorporated cities and villages," by amending the title and sections 1 and 3 (MCL 128.41 and 128.43).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5838 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5839, entitled

A bill to amend 1929 PA 297, entitled "An act to provide for vacating private and public cemetery plats and cemetery grounds in the limits of incorporated cities and villages and to provide for the acquisition by said cities and villages of the cemetery grounds and plats vacated hereunder," by amending sections 1, 2, and 5 (MCL 128.51, 128.52, and 128.55).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5839 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5887, entitled

A bill to amend 1982 PA 528, entitled "An act to authorize the department of natural resources to convey certain state owned property in Sanilac county; and to prescribe conditions for the conveyance," by adding section 2a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5887 To Report Out:

Yeas: Reps. Varga, Wojno, Quarles, Scott, Fitzgerald, Richner, Rocca, Sanborn, Voorhees,

Nays: None.

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5905, entitled

A bill to amend 1895 PA 49, entitled "An act to provide for vacating cemeteries in townships," by amending the title and sections 1, 3, and 4 (MCL 128.31, 128.33, and 128.34), sections 1 and 4 as amended by 1980 PA 367.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5905 To Report Out:

Yeas: Reps. Varga, Wojno, Leland, Olshove, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, June 11, 1998, at 8:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Quarles, Scott, Vaughn, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees.

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Bill No. 5894, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding the part heading to part 362 and sections 36201, 36202, and 36203.

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

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

Favorable Roll Call

HB 5894 To Report Out:

Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Green, DeVuyst, Gernaat, Horton, Jelinek,

Nays: Rep. Nye.

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Bill No. 5895, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, and 36207.

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 5895 To Report Out:

Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 11, 1998, at 8:30 a.m.,

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

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 9:

Senate Bill No. 1175

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 11:

House Bill Nos. 5916 5917 5918 5919 5920 5921 5922

The Clerk announced that the following Senate bills had been received on Thursday, June 11:

Senate Bill Nos. 649 837 1009 1010 1163 1164 1165 1166 1173 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4738, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 251 (MCL 257.251), as amended by 1993 PA 300.

The Senate has appointed Senators Schuette, Cisky and Peters as conferees to join with Reps. Alley, Griffin and Rhead.

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 4740, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 2, 3, 5, 13, and 14 (MCL 445.1562, 445.1563, 445.1565, 445.1573, and 445.1574), section 2 as amended by 1983 PA188, and by adding section 22a.

The Senate has appointed Senators Schuette, Cisky and Peters as conferees to join with Reps. Alley, Griffin and Hale.

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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

The bill was referred to the Conference Committee on June 11, 1998.

House Bill No. 5487, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1997 PA 122.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

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.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4328, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending sections 3 and 10 (MCL 474.53 and 474.60), section 3 as amended by 1984 PA 210 and section 10 as amended by 1993 PA 28.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 295, entitled "An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of a fund; and to provide for appropriations," by amending sections 2, 10, and 17 (MCL 474.52, 474.60, and 474.67), section 2 as amended by 1984 PA 210, section 10 as amended by 1993 PA 28, and section 17 as amended by 1993 PA 16, and by adding sections 10a, 10b, 10c, 10d, 10e, 10f, and 10g; 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. 4535, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 601 (MCL 339.601), as amended by 1994 PA 400.

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 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 601 (MCL 339.601), as amended by 1994 PA 400, and by adding section 601a.

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

House Bill No. 4910, entitled

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

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), 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. 5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30306, 30307, and 30317 (MCL 324.30306, 324.30307, and 324.30317), section 30306 as added by 1995 PA 59, section 30307 as amended by 1995 PA 103, and section 30317 as amended by 1996 PA 530.

The Senate has amended the bill as follows:

1. Amend page 8, following line 5, after "YEAR AND" by inserting "AN EVALUATION OF THE CURRENT STATUTORY AND DEPARTMENT RULES, BULLETINS, AND LETTERS DEFINITION OF A WETLAND AND ANY APPROPRIATE CHANGES TO THAT DEFINITION IN THE FIRST REPORT SUBMITTED TO THE LEGISLATURE UNDER THIS SECTION".

The Senate has passed the bill as amended, 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. 5185, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," (MCL 436.1 to 436.58) by adding section 18b.

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

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," (MCL 436.1101 to 436.2303) by adding section 1101a.

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

House Bill No. 5280, entitled

A bill to prohibit the switching of a customer's telecommunications provider without the authorization of the customer; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

The Senate has substituted (S-6) the bill.

The Senate has passed the bill as substituted (S-6), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," (MCL 484.2101 to 484.2604) by adding section 505.

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

House Bill No. 5346, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending section 5 (MCL 446.205).

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 amended the title to read as follows:

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending sections 5, 9, 10, 11, and 14 (MCL 446.205, 446.209, 446.210, 446.211, and 446.214); 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. 5399, entitled

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

The 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 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 61501, 61524, and 61525 (MCL 324.61501, 324.61524, and 324.61525), section 61501 as amended by 1998 PA 115 and sections 61524 and 61525 as added by 1995 PA 57, and by adding sections 61506a, 61525a, and 61525b.

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

Senate Bill No. 599, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs thereto; and to provide remedies for the failure to repair such vehicles," by amending section 1 (MCL 257.1401).

The Senate has passed the bill.

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

Senate Bill No. 649, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10A.

The Senate has passed the bill.

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

Senate Bill No. 767, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43516, 73101, 73102, 73109, and 73110 (MCL 324.43516, 324.73101, 324.73102, 324.73109, and 324.73110), section 43516 as added by 1995 PA 57 and sections 73101, 73102, 73109, and 73110 as added by 1995 PA 58.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Senate Bill No. 768, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701, 8401a, and 8424 (MCL 600.4701, 600.8401a, and 600.8424), section 4701 as amended by 1997 PA 156, section 8401a as added by 1984 PA 278, and section 8424 as amended by 1991 PA 192.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Senate Bill No. 837, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 506.

The Senate has passed the bill.

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

Senate Bill No. 860, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 27, 27a, 27b, 68, 68a, and 68b of chapter X (MCL 710.27, 710.27a, 710.27b, 710.68, 710.68a, and 710.68b), section 27 as amended and sections 27a and 27b as added by 1994 PA 208 and sections 68, 68a, and 68b as amended by 1994 PA 373.

The Senate has passed the bill.

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

Senate Bill No. 1009, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

The Senate has passed the bill.

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

Senate Bill No. 1010, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA36, and by adding section 605.

The Senate has passed the bill.

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

Senate Bill No. 1030, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 906.

The Senate has passed the bill.

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

Senate Bill No. 1054, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 13 (MCL 211.13) and by adding section 8c.

The Senate has passed the bill.

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

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43534 (MCL 324.43534), as added by 1995 PA 57.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Senate Bill No. 1096, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9f.

The Senate has passed the bill.

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

Senate Bill No. 1136, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan council act," by amending sections 3, 5, 7, 9, 11, 19, 21, and 33 (MCL 124.653, 124.655, 124.657, 124.659, 124.661, 124.669, 124.671, and 124.683).

The Senate has passed the bill.

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

Senate Bill No. 1148, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 1996 PA 167.

The Senate has passed the bill.

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

Senate Bill No. 1158, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4 (MCL 205.54), as amended by 1993 PA 325.

The Senate has passed the bill.

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

Senate Bill No. 1163, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 84.

The Senate has passed the bill.

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

Senate Bill No. 1164, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 3b.

The Senate has passed the bill.

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

Senate Bill No. 1165, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 403.

The Senate has passed the bill.

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

Senate Bill No. 1166, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 2b.

The Senate has passed the bill.

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

Senate Bill No. 1173, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1992 PA 238.

The Senate has passed the bill.

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

Senate Bill No. 1181, entitled

A bill to amend 1971 PA 140, entitled "State revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), section 11 as amended by 1996 PA 468 and section 13 as amended by 1996 PA 342; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1183, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 55, 115b, 116, 117a, and 117c (MCL 400.55, 400.115b, 400.116, 400.117a, and 400.117c), section 55 as amended by 1987 PA 266, sections 115b and 117a as amended by 1988 PA 75, and section 117c as amended by 1988 PA 223, and by adding sections 115o and 117g.

The Senate has passed the bill.

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

Senate Bill No. 1184, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending the title and sections 2, 3, 4, 5, 6, 6a, 7, 7a, and 8 (MCL 803.302, 803.303, 803.304, 803.305, 803.306, 803.306a, 803.307, 803.307a, and 803.308), the title as amended and section 7a as added by 1996 PA 512, sections 2, 5, and 7 as amended by 1996 PA417, section 4 as amended by 1988 PA 76, and section 6a as added by 1996 PA 481, and by adding section 2a.

The Senate has passed the bill.

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

Senate Bill No. 1185, entitled

A bill to allow counties to authorize acceptance of certain juveniles committed to their care and responsibility; to prescribe the procedure and effect of that authorization; and to prescribe powers, duties, and obligations of those counties.

The Senate has passed the bill.

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

Senate Bill No. 1186, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1998 PA 34, and by adding section 5b.

The Senate has passed the bill.

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

Senate Bill No. 1187, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 1, 2, 2d, 8, 16, 18, 18a, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.16, 712A.18, 712A.18a, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 16, and 28 as amended by 1996 PA 409, section 2d as added by 1996 PA 244, section 18 as amended by 1997 PA 163, and section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA.

The Senate has passed the bill.

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

Senate Bill No. 1188, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1 of chapter I, section 1f of chapter IV, section 14 of chapter VI, sections 1, 1b, and 28 of chapter IX, and sections 1, 2, 2a, 3, 3a, 3c, 4, 5, 7, and 14a of chapter XI, (MCL 761.1, 764.1f, 766.14, 769.1, 769.1b, 769.28, 771.1, 771.2, 771.2a, 771.3, 771.3a, 771.3c, 771.4, 771.5, 771.7, and 771.14a), section 1 of chapter I and section 14 of chapter VI as amended by 1996 PA418, section 1f of chapter IV as amended by 1996 PA 255, section 1 of chapter IX as amended by 1996 PA 248, section 1b of chapter IX and section 7 of chapter XI as amended by 1996 PA 247, section 28 of chapter IX and sections 3a, 4, and 5 of chapter XI as amended and section 14a of chapter XI as added by 1988 PA 78, sections 1 and 3c of chapter XI as amended by 1993 PA 185, section 2 of chapter XI as amended by 1994 PA 286, section 2a of chapter XI as added by 1992 PA 251, and section 3 of chapter XI as amended by 1994 PA 445.

The Senate has passed the bill.

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

Senate Bill No. 1189, entitled

A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending the title and sections 2, 3, 4, 5, 5a, and 6 (MCL 803.222, 803.223, 803.224, 803.225, 803.225a, and 803.226), sections 2 and 4 as amended by 1996 PA416 and section 5a as added by 1996 PA 511.

The Senate has passed the bill.

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

Senate Bill No. 1190, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending the title and section 3 (MCL 28.173), as amended by 1996 PA 508.

The Senate has passed the bill.

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

Senate Bill No. 1191, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 6, 13a, 20a, 31, 36, 41a, and 48 (MCL 780.752, 780.756, 780.763a, 780.770a, 780.781, 780.786, 780.791a, and 780.798), sections 2, 6, and 36 as amended and sections 13a, 20a, and 41a as added by 1993 PA 341, section 31 as amended by 1996 PA 82, and section 48 as amended by 1996 PA 105.

The Senate has passed the bill.

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

Senate Bill No. 1192, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 498c and 498d (MCL 330.1498c and 330.1498d), as amended by 1995 PA 290.

The Senate has passed the bill.

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

Senate Bill No. 1193, entitled

A bill to amend 1935 PA 220, entitled "An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act," by amending section 7 (MCL 400.207), as amended by 1980 PA 306.

The Senate has passed the bill.

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

Senate Bill No. 1194, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 186a (MCL 750.186a), as added by 1996 PA 256.

The Senate has passed the bill.

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

Senate Bill No. 1195, entitled

A bill to amend 1996 PA 263, entitled "Juvenile boot camp act," by amending sections 2, 3, 4, 5, 6, and 7 (MCL 400.1302, 400.1303, 400.1304, 400.1305, 400.1306, and 400.1307).

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 90.

A concurrent resolution to urge the United States Department of Agriculture to expedite the delivery of financial assistance for crop damage in western Michigan.

Whereas, Winds in excess of 100 miles per hour and driving rains in the early morning hours of May 31 devastated several areas of Michigan. In the western portions of the state, especially in the regions with fruit growing operations, as many as 120,000 trees were destroyed or damaged, ruining the hopes of many farmers for this year and much of the next decade; and

Whereas, Steps are being taken to cope with the storm damage to agriculture. The governor has declared several counties as natural disaster areas, and federal officials are evaluating the extent of the destruction. Local units of government and power companies have worked hard to restore essential services; and

Whereas, The damage to crops, especially fruit operations, is extensive, particularly in Ottawa, Kent, and Muskegon Counties. The involvement of the federal government, through the Farm Service Agency of the United States Department of Agriculture, may be the only way to protect resources that are very significant not only to the individual farmers, but also to agriculture in the area; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Department of Agriculture to expedite the delivery of financial assistance for crop damage in western Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Farm Service Agency of the United States Department of Agriculture.

The has Senate adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Agriculture.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5594, Reps. Harder, Hale, and Jellema.

Communications from State Officers

The following communication from the Workforce Development Board of the Northeast Michigan Consortium-Michigan Works! was received and read:

June 8, 1998

The Workforce Development Board of the Northeast Michigan Consortium has prepared the final Welfare to Work Plan for Program Year 1998. The total amount of Program Funds for three program years is $694,269.00.

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

Sincerely,

Terry L. Basel

Program Coordinator

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

June 10, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

State Administrative Board

Department of Management and Budget

June 1998

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Ethics.

Introduction of Bills

Reps. Ciaramitaro, Rison, Emerson, LaForge, Price and Martinez introduced

House Bill No. 5927, entitled

A bill to establish a living wage requirement for business entities that receive state funds; to impose certain duties on certain departments and state officers; and to prescribe remedies and penalties.

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

Rep. Ciaramitaro introduced

House Bill No. 5928, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a.

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

Rep. Gubow introduced

House Bill No. 5929, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 531 (MCL 257.531).

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

Reps. Kaza and Galloway introduced

House Bill No. 5930, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 4 (MCL 207.624).

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

Rep. Harder introduced

House Bill No. 5931, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 6 and 9b (MCL 117.6 and 117.9b), section 6 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465.

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

Reps. Basham, Hale, Bogardus, Anthony, Kelly, LaForge, Cherry, Scott and Stallworth introduced

House Bill No. 5932, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2140.

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

Reps. Basham, Anthony, Kelly, Stallworth, LaForge, Parks, Cherry, Scott and Schauer introduced

House Bill No. 5933, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 506a.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Basham, Hale, Anthony, Bogardus, Kelly, Stallworth, LaForge, Parks, Cherry, Scott and Schauer introduced

House Bill No. 5934, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 12.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Rep. Kukuk introduced

House Bill No. 5935, entitled

A bill to amend 1970 PA 74, entitled "Corner recordation act," by amending sections 2, 3, 6, 7, 8, 10, 13, and 14 (MCL 54.202, 54.203, 54.206, 54.207, 54.208, 54.210, 54.210c, and 54.210d), sections 2, 6, 8, 13, and 14 as amended by 1988 PA 26; and to repeal acts and parts of acts.

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

Rep. Kukuk introduced

House Bill No. 5936, entitled

A bill to amend 1970 PA 132, entitled "An act to provide for the filing of surveys in the office of the register of deeds relative to land divisions; and to prescribe the conditions of the survey," by amending sections 1, 2, and 3 (MCL 54.211, 54.212, and 54.213), section 2 as amended by 1988 PA 24 and section 3 as amended by 1992 PA 183, and by adding section 1a.

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

Rep. Wallace introduced

House Bill No. 5937, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 601, 841, 861, and 1517 (MCL 600.601, 600.841, 600.861, and 600.1517), as amended by 1996 PA 388; and to repeal acts and parts of acts.

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

Rep. Middaugh introduced

House Bill No. 5938, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.

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

______

Rep. Geiger moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

Acting Speaker DeHart declared the House adjourned until Tuesday, June 16, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives. transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions ad hj06168t.059

No. 59

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature


REGULAR SESSION OF 1998


House Chamber, Lansing, Tuesday, June 16, 1998.

10:00 a.m.

The House was called to order by the Associate Speaker Pro Tempore.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--excused

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--absent

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--excused

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--e/d/s

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--excused

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

United States Army Major Chaplin Richard Quinn, offered the following invocation:

"Lord I thank You for past leaders of this great State of Michigan who knew the necessity of Your presence and wisdom in each piece of business conducted in this room, and determined every day to begin in prayer. We sincerely request Your presence here today and I pray that Your Holy Spirit not be invited only to be ignored or forgotten. The system today Lord is, they debate issues of the environment, taxes and justice. May these leaders choose what is morally correct rather than politically gainful. May they earnestly desire Your interest rather than special interest. May they seek heavenly wisdom and Godly truth rather than earthly praise or progressive religion. Lord bring revival to this land, to this State of Michigan. Bring Godly men and women to govern us. Forgive us for our abuse of freedom which exchange Your presence in our homes with infidelity, violence and divorce. Your presence in our schools with drugs, gangs, weapons and teen pregnancies. Exchange Your presence in our towns with empty churches, apathetic neighbors and senseless crime. Protect us from the legislation of godless moral decay in the name of liberty. Yes, Lord, I do implore Your presence here today, and pray that You not be silent nor we be deaf. I ask these things in Your Holy Name. Amen."

______

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

The motion prevailed.

Rep. Hammerstrom moved that Reps. Brackenridge and Law be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. London moved that Rep. Gernaat be excused temporarily from today's session.

The motion prevailed.

Rep. Johnson moved that Rep. Gilmer be excused temporarily from today's session.

The motion prevailed.

Reports of Select Committees

The Speaker laid before the House the conference report relative to

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 conference report was received from the Senate on June 9, consideration of which, under the rules, was postponed until June 10.)

(For conference report, see House Journal No. 56, p. 1340.)

The question being on the adoption of the conference report,

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

Roll Call No. 619 Yeas--99

Alley Dobronski Kaza Prusi

Anthony Emerson Kelly Raczkowski

Baade Fitzgerald Kilpatrick Rhead

Baird Frank Kukuk Richner

Bankes Freeman LaForge Rison

Basham Gagliardi Leland Rocca

Birkholz Galloway LeTarte Sanborn

Bobier Geiger Llewellyn Schauer

Bodem Gernaat London Schermesser

Bogardus Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Gubow Mathieu Stallworth

Byl Gustafson McBryde Tesanovich

Callahan Hale McManus Thomas

Cassis Hammerstrom McNutt Varga

Cherry Hanley Middaugh Vaughn

Ciaramitaro Harder Middleton Voorhees

Crissman Hertel Nye Walberg

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Palamara Whyman

DeHart&#