hj09168t.070

No. 70

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, September 16, 1998.

2:00 p.m.

The House was called to order by Acting Speaker DeHart.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--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--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--e/d/s

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--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

Mrs. Carol Stockman, from Berrien County, offered the following invocation:

"Almighty God, Creator of all things, giver of every good and perfect gift, hear us this day as we seek Your blessing upon the deliberations of the Michigan House of Representatives. Grant to the members of this body a sacred moment of quiet as they take up the duties of this day. Turn their thoughts to You, and open their hearts to Your Spirit, that they may have wisdom in their decisions, understanding in their thinking, love in their attitudes, and mercy in their judgment. These things we ask in Your Name. Amen."

Notices

September 16, 1998

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 184, entitled

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

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

Roll Call No. 850 Yeas--105

Agee Dobronski Johnson Profit

Alley Emerson Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Rhead

Bankes Gagliardi LaForge Richner

Basham Galloway Leland Rison

Birkholz Geiger LeTarte Rocca

Bobier Gernaat Llewellyn Sanborn

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans 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 Oxender Walberg

Curtis Horton Palamara Wallace

Dalman Jansen Parks Wetters

DeHart Jelinek Perricone Whyman

DeVuyst Jellema Price Wojno

Dobb

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

House Bill No. 5898, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1998 PA 68.

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

Roll Call No. 851 Yeas--108

Agee Dobronski Kaza Profit

Alley Emerson Kelly Prusi

Anthony Fitzgerald Kilpatrick Quarles

Baade Frank Kukuk Raczkowski

Baird Freeman LaForge Rhead

Bankes Gagliardi Leland Richner

Basham Galloway LeTarte Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge 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

Dobb Johnson Price Wojno

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Reps. Baade, Basham, Birkholz, Bodem, Brewer, Dalman, Frank, Gagliardi, Gilmer, Hammerstrom, Kelly, Kukuk, Law, Llewellyn, London, Lowe, Nye, Owen, Sanborn, Schermesser, Scranton, Varga, Vaughn, Whyman and Willard were named co-sponsors of the bill.

Rep. Law entered the House Chambers.

House Bill No. 4389, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 1 of chapter VII (MCL 67.1), as amended by 1994 PA 314.

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

Roll Call No. 852 Yeas--80

Agee Dobb LaForge Raczkowski

Alley Dobronski Law Richner

Anthony Emerson Leland Rocca

Baade Fitzgerald Llewellyn Sanborn

Baird Frank Mans Schauer

Basham Freeman Martinez Schermesser

Birkholz Gagliardi Mathieu Schroer

Bodem Galloway McManus Scott

Bogardus Gire McNutt Scranton

Brackenridge Gubow Middaugh Sikkema

Brater Gustafson Murphy Stallworth

Brewer Hale Olshove Tesanovich

Brown Hanley Owen Thomas

Byl Harder Oxender Varga

Callahan Hood Palamara Vaughn

Cassis Horton Parks Voorhees

Cherry Jelinek Price Wallace

Ciaramitaro Jellema Profit Wetters

Crissman Kelly Prusi Willard

DeHart Kilpatrick Quarles Wojno

Nays--25

Bankes Godchaux Kaza Middleton

Cropsey Goschka Kukuk Nye

Dalman Green LeTarte Perricone

DeVuyst Hammerstrom London Rhead

Geiger Jansen Lowe Walberg

Gernaat Johnson McBryde Whyman

Gilmer

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

House Bill No. 4390, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 1 of chapter XI (MCL 91.1), as amended by 1994 PA 19.

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

Roll Call No. 853 Yeas--68

Agee DeHart Kelly Raczkowski

Alley Dobb LaForge Richner

Anthony Dobronski Leland Rison

Baade Emerson Llewellyn Rocca

Baird Fitzgerald Mathieu Sanborn

Basham Frank McNutt Schauer

Bodem Freeman Middaugh Schermesser

Bogardus Gagliardi Murphy Schroer

Brackenridge Gire Olshove Scranton

Brater Gubow Owen Stallworth

Brewer Gustafson Oxender Tesanovich

Brown Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cassis Harder Price Wallace

Cherry Hood Profit Wetters

Crissman Jelinek Prusi Willard

Curtis Jellema Quarles Wojno

Nays--34

Bankes Gilmer Kukuk Middleton

Bobier Godchaux Law Nye

Byl Goschka LeTarte Perricone

Cropsey Green London Rhead

Dalman Hammerstrom Lowe Sikkema

DeVuyst Horton Martinez Voorhees

Galloway Jansen McBryde Walberg

Geiger Johnson McManus Whyman

Gernaat Kaza

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

______

Rep. Kelly moved that Rep. Thomas be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5874, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 28; 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. 854 Yeas--73

Agee DeVuyst LaForge Richner

Anthony Dobronski Law Rison

Baade Emerson Leland Rocca

Baird Fitzgerald Llewellyn Sanborn

Basham Frank Mans Schauer

Birkholz Freeman Martinez Schermesser

Bodem Gagliardi Mathieu Schroer

Bogardus Gire Murphy Scott

Brackenridge Godchaux Olshove Scranton

Brater Gubow Owen Stallworth

Brewer Gustafson Oxender Tesanovich

Brown Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cassis Harder Price Voorhees

Cherry Hood Profit Wallace

Ciaramitaro Jelinek Prusi Wetters

Crissman Kelly Quarles Willard

Curtis Kilpatrick Raczkowski Wojno

DeHart

Nays--34

Alley Gernaat Kaza Middaugh

Bankes Gilmer Kukuk Middleton

Bobier Goschka LeTarte Nye

Byl Green London Perricone

Cropsey Hammerstrom Lowe Rhead

Dalman Horton McBryde Sikkema

Dobb Jansen McManus Walberg

Galloway Jellema McNutt Whyman

Geiger Johnson

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 5874 because it discriminates against auctioneers who do business in small, rural townships when that township is part of a populated county.

This bill exempts from licensure requirements only individuals who conduct auctions in counties with populations less than 200,000. In Macomb County, and other counties with populations exceeding 200,000, there are many very small, rural townships. Why should an auctioneer working in Richmond Township, with a population of less than 3,000, be required to pay fees and obtain a license when an auctioneer working in St. Clair County's city of Port Huron, which has a population of over 33,000, be exempt. Richmond Township is in the northern, rural part of Macomb County and adjoins St. Clair County.

Should this bill be enacted into law, it would create an unfair, two-tier licensing system."

House Bill No. 4388, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 28.

(The bill was read a third time and postponed temporarily on July 2, see House Journal No. 67, p. 1867.)

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. 855 Yeas--64

Agee Emerson Llewellyn Rocca

Anthony Fitzgerald Mans Sanborn

Basham Freeman Martinez Schauer

Birkholz Gagliardi Murphy Schermesser

Bodem Gire Olshove Schroer

Bogardus Godchaux Owen Scott

Brackenridge Gubow Oxender Scranton

Brater Hale Palamara Stallworth

Brewer Hanley Parks Tesanovich

Callahan Harder Price Thomas

Cassis Hood Profit Varga

Cherry Jelinek Prusi Vaughn

Ciaramitaro Kelly Quarles Voorhees

Curtis Kilpatrick Raczkowski Wallace

DeHart LaForge Richner Willard

Dobronski Leland Rison Wojno

Nays--42

Alley Frank Jellema McManus

Baade Galloway Johnson McNutt

Bankes Geiger Kaza Middaugh

Bobier Gernaat Kukuk Middleton

Brown Gilmer Law Nye

Byl Goschka LeTarte Perricone

Crissman Green London Rhead

Cropsey Gustafson Lowe Sikkema

Dalman Hammerstrom Mathieu Walberg

DeVuyst Horton McBryde Whyman

Dobb Jansen

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Pending the Second Reading of

House Bill No. 5750, entitled

A bill to repeal 1953 PA 140, entitled "An act to increase the efficiency of the military establishment; and to repeal certain acts and parts of acts," (MCL 32.261 to 32.262).

Rep. Gagliardi moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

House Bill No. 5815, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," (MCL 722.921 to 722.935) by adding section 6a.

The bill was read a second time.

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

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

Rep. Horton moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Horton,

Rep. Horton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Horton,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 856 Yeas--51

Birkholz Geiger Kaza Oxender

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Goschka Llewellyn Richner

Cassis Green London Rocca

Crissman Gustafson Lowe Sanborn

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McManus Sikkema

DeVuyst Jansen McNutt Voorhees

Dobb Jelinek Middaugh Walberg

Fitzgerald Jellema Middleton Whyman

Galloway Johnson Nye

Nays--55

Alley DeHart Kilpatrick Rison

Anthony Dobronski LaForge Schauer

Baade Emerson Leland Schermesser

Baird Frank Mans Schroer

Bankes Freeman Martinez Scott

Basham Gagliardi Mathieu Stallworth

Bogardus Gire Murphy Tesanovich

Brater Gubow Olshove Thomas

Brewer Hale Owen Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Wallace

Cherry Hertel Profit Willard

Ciaramitaro Hood Prusi Wojno

Curtis Kelly Quarles

In The Chair: DeHart

Rep. LaForge 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. Walberg moved that Rep. Nye be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5816, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45 (MCL 24.245), as amended by 1993 PA 141.

The bill was read a second time.

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

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

Rep. Horton moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Horton,

Rep. Horton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Horton,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 857 Yeas--49

Birkholz Gernaat Kaza Oxender

Bobier Gilmer Kukuk Perricone

Bodem Godchaux Law Raczkowski

Brackenridge Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Sanborn

Cropsey Horton McBryde Scranton

Dalman Jansen McManus Sikkema

DeVuyst Jelinek McNutt Voorhees

Fitzgerald Jellema Middaugh Walberg

Galloway Johnson Middleton Whyman

Geiger

Nays--55

Agee Curtis Hood Prusi

Alley DeHart Kelly Quarles

Anthony Dobb Kilpatrick Rison

Baade Dobronski LaForge Schauer

Baird Emerson Leland Schermesser

Bankes Frank Mans Schroer

Basham Freeman Martinez Scott

Bogardus Gagliardi Mathieu Stallworth

Brater Gire Murphy Tesanovich

Brewer Gubow Olshove Thomas

Brown Hale Owen Vaughn

Callahan Hanley Parks Willard

Cherry Harder Price Wojno

Ciaramitaro Hertel Profit

In The Chair: DeHart

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

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

Senate Bill No. 855, entitled

A bill to amend 1978 PA 34, entitled "An act to revise the laws relating to fences on certain lands and fence viewers; and to repeal certain acts and parts of acts," by amending sections 4, 5, and 6 (MCL 43.54, 43.55, and 43.56).

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

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

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

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

By unanimous consent the House returned to the order of

Reports of Select Committees

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 5596, entitled

A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 1998 and September30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the judicial branch for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

JUDICIARY

APPROPRIATION SUMMARY:

Full-time equated exempted positions 602.0

GROSS APPROPRIATION $ 215,432,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 3,571,400

ADJUSTED GROSS APPROPRIATION $ 211,861,000

Federal revenues:

Total federal revenues 1,294,500

Special revenue funds:

Total local revenues 1,946,500

Total private revenues 1,217,600

Total other state restricted revenues 56,058,900

State general fund/general purpose $ 151,343,500

Sec. 102. SUPREME COURT

Full-time equated exempted positions 277.0

Supreme court administration--136.0 FTE positions $ 15,360,800

State court administrative office--80.0 FTE positions 9,417,300

Judicial information systems--21.0 FTE positions 2,572,700

Direct trial court automation support--24.0 FTE positions 1,946,500

Foster care review board--12.0 FTE positions 1,160,400

Community dispute resolution--4.0 FTE positions 2,318,400

GROSS APPROPRIATION $ 32,776,100

For Fiscal Year

Ending Sept. 30,

1999

Appropriated from:

Interdepartmental grant revenues:

IDG from FIA-title IV-D child support program 419,100

IDG from FIA-title IV-E foster care program 276,700

IDG from MFIA-HHS access and visitation grant 380,200

IDG from MFIA-TANF 500,000

IDG from state police-criminal justice improvement 1,443,900

IDG from state police-Michigan justice training fund 208,000

Federal revenues:

DAG, agriculture mediation grant 469,900

Federal - special education grant 90,000

Federal highway safety planning revenue 115,300

HHS, court improvement project 619,300

Special revenue funds:

Local-user fees 1,946,500

Private 419,000

Private-interest on lawyers trust accounts 668,600

Private-state justice institute 130,000

Community dispute resolution fees 1,628,400

Law exam fees 327,200

Miscellaneous revenue 216,800

State court fund 319,000

State general fund/general purpose $ 22,598,200

Sec. 103. COURT OF APPEALS

Full-time equated exempted positions 245.5

Court of Appeals operations--223.5 FTE positions $ 17,879,200

Delay reduction--22.0 FTE positions 1,500,000

GROSS APPROPRIATION $ 19,379,200

Appropriated from:

Special revenue funds:

Court filing/motion fees 1,517,800

Miscellaneous revenue 75,200

State general fund/general purpose $ 17,786,200

Sec. 104. JUSTICES' AND JUDGES' COMPENSATION

Full-time judges positions 611.0

Supreme court justices' salaries--7.0 judges $ 893,000

Court of appeals judges' salaries--28.0 judges 3,286,400

District court judges' state base salaries--259.0 judges 15,913,300

District court judicial salary standardization 11,842,500

Probate court judges' state base salaries--107.0 judges 6,188,600

Probate court judicial salary standardization 4,332,800

Circuit court judges' state base salaries--210.0 judges 13,715,900

Circuit court judicial salary standardization 9,228,000

OASI, social security 3,654,300

GROSS APPROPRIATION $ 69,054,800

Appropriated from:

Special revenue funds:

Court fee fund 6,384,000

State general fund/general purpose $ 62,670,800

Sec. 105. JUDICIAL AGENCIES

Full-time equated exempted positions 10.0

Judicial tenure commission--10.0 FTE positions $ 916,800

GROSS APPROPRIATION $ 916,800

Appropriated from:

State general fund/general purpose $ 916,800

Sec. 106. INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions 69.5

Appellate Public Defender Program--61.5 FTE positions $ 5,176,000

Appellate Assigned Counsel Administration--8.0 FTE Positions 852,100

GROSS APPROPRIATION $ 6,028,100

For Fiscal Year

Ending Sept. 30,

1999

Appropriated from:

Interdepartmental grant revenues:

IDG from state police-Michigan justice training fund 343,500

Special revenue funds:

Miscellaneous revenue 109,500

State general fund/general purpose $ 5,575,100

Sec. 107. INDIGENT CIVIL LEGAL LEGAL ASSISTANCE

Indigent civil legal assistance $ 7,337,000

GROSS APPROPRIATION $ 7,337,000

Appropriated from:

Special revenue funds:

State court fund 7,337,000

State general fund/general purpose $ 0

Sec. 108. TRIAL COURT OPERATIONS

Court equity fund reimbursements $ 65,840,400

Hold harmless fund reimbursements 12,000,000

GROSS APPROPRIATION $ 77,840,400

Appropriated from:

Special revenue funds:

Court equity fund 36,044,000

State general fund/general purpose $ 41,796,400

Sec. 109. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

Drunk driving caseflow program $ 1,900,000

Drug caseflow program 200,000

GROSS APPROPRIATION $ 2,100,000

Appropriated from:

Special revenue funds:

Drug fund 200,000

Drunk driving fund 1,900,000

State general fund/general purpose $ 0

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1998-99 is estimated at $207,402,400.00 in this act and state spending from state sources paid to local units of government for fiscal year 1998-99 is estimated at $112,044,200.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

SUPREME COURT

State court administrative office - administration $ 511,900

TRIAL COURT OPERATIONS

Court equity fund reimbursements $ 65,840,400

Hold harmless fund reimbursement $ 12,000,000

JUSTICES' AND JUDGES' COMPENSATION

District court judicial salary standardization $ 11,842,500

Probate court judges state base salaries 6,188,600

Probate court judicial salary standardization 4,332,800

Circuit court judicial salary standardization 9,228,000

GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

Drunk driving caseflow program $ 1,900,000

Drug caseflow program 200,000

TOTAL $ 112,044,200

(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director.

Sec. 202. (1) The expenditures and funding sources authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.

Sec. 203. As used in this act:

(a) "DAG" means the United States department of agriculture.

(b) "FIA" means the family independence agency.

(d) "HHS" means the United States department of health and human services.

(e) "IDG" means interdepartmental grant.

(f) "MDSP" means the department of state police.

(g) "OASI" means old age survivor's insurance.

(h) "TANF" means temporary assistance for needy families.

Sec. 204. Funds appropriated in this act shall not be used for the purchase of foreign goods or services when competitively priced American goods and services are available.

Sec. 205. (1) The chief justice of the supreme court shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the judicial branch.

(2) The chief justice shall strongly encourage firms with which the courts of this state contract to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 206. (1) The judicial branch shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the judicial branch shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

Sec. 207. Sixty days prior to beginning any effort to privatize, the judicial branch shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 212. If the judicial branch enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the judicial branch under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department, agency, and the judicial branch.

JUDICIAL BRANCH

Sec. 301. (1) The direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service. A report of amounts collected in excess of funds identified as user service charges in part 1 shall be submitted to the state budget director and to the house and senate appropriations subcommittees on judiciary and general government, respectively, 30 days before expenditure by the direct trial court automation support program.

(2) From funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall provide to the senate and house appropriations committees and the senate and house fiscal agencies before January 1 of each year, a detailed list of user service charges collected during the immediately preceding state fiscal year.

Sec. 303. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.

Sec. 304. Of the amount appropriated in part 1 for the judicial branch, $325,000.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for court of claims reimbursement under section 6413 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6413.

Sec. 305. The judicial branch shall cooperate with the auditor general regarding audits of the judicial branch conducted pursuant to section 53 of article IV of the state constitution of 1963.

Sec. 306. The supreme court shall report to the judiciary subcommittee of the house appropriations committee and the general government subcommittee of the senate appropriations committee regarding the current status of the accounts set forth in part 1 if it appears that the judiciary's expenditures will exceed funds appropriated under this act.

Sec. 307. From funds appropriated under part 1, forms required to be developed by the state court administrative office pursuant to section 2950b of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950b, shall be provided in the quantity requested by each county clerk.

Sec. 308. The supreme court shall continue to implement and enforce an appropriate antinepotism policy, which shall include provisions that prohibit a judge from hiring or employing a member of his or her immediate family as a court employee or in any judicial support related capacity.

Sec. 309. (1) The state supreme court and the state court administrative office shall consider and analyze the various methods of providing necessary travel for judges, and shall then adopt as policy for all judicial agencies the most efficient and cost-effective method.

(2) This analysis and policy shall be submitted to the house and senate fiscal agencies.

Sec. 310. Funds appropriated in part 1 shall not be used to pay directly or by reimbursement the annual dues for membership in the state bar of Michigan of a judge, justice, or other employee of the judicial branch.

Sec. 311. (1) The chief financial officer of a funding unit for a court, in cooperation with the local court, shall provide to the state treasurer and state court administrative office by January 1, 1999 audited accounts of all money due and owing the court as of September 30, 1998. Where audited accounts are not available, the chief financial officer of a funding unit for a court may provide estimates as long as they are clearly marked as "estimated".

(2) The state treasurer shall report to the legislature a compilation of the estimated accounts receivable of all courts and cumulative totals by March 1, 1999. This report is a public record.

Sec. 312. The state court administrative office, from funds appropriated in part 1, shall assist the court of appeals and trial courts to meet American bar association model standards on case processing, including the standard that 95% of all civil appellate cases be disposed within 12 months of filing.

Sec. 314. If sufficient funds are not available from the court fee fund to pay judges' compensation, the difference between the appropriated amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges' compensation.

Sec. 315. Funds appropriated in part 1 for indigent defense shall be used in accordance with terms and conditions of section 1485(11)(b) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1485, including reference to federal prohibitions against providing legal assistance with respect to any proceeding or litigation which seeks to procure an abortion.

Sec. 316. The legislature urges the supreme court to examine court rules and consider changes which would:

(a) Allow candidates for judge to express opinions on political issues.

(b) Allow judges to preside over cases even though they have publicly expressed political opinions on issues generally related to the case.

Third: That the House and Senate agree to the title of the bill to read as follows:

Nick Ciaramitaro

Patricia Godchaux

Conferees for the House

Dan L. DeGrow

Glenn Steil

Alma Wheeler Smith

Conferees for the Senate

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The question being on the adoption of the conference report,

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

Roll Call No. 858 Yeas--93

Agee DeHart Jelinek Parks

Alley DeVuyst Jellema Price

Anthony Dobb Johnson Profit

Baade Dobronski Kelly Prusi

Baird Emerson Kilpatrick Quarles

Bankes Fitzgerald Kukuk Raczkowski

Basham Frank LaForge Rison

Birkholz Freeman Law Rocca

Bobier Gagliardi Leland Sanborn

Bodem Galloway LeTarte Schauer

Bogardus Geiger London Schermesser

Brackenridge Gilmer Mans Schroer

Brater Gire Martinez Scott

Brewer Godchaux Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Olshove Vaughn

Crissman Hertel Owen Wallace

Cropsey Hood Oxender Willard

Curtis Jansen Palamara Wojno

Dalman

Nays--13

Gernaat Kaza Perricone Voorhees

Goschka Llewellyn Rhead Walberg

Green Lowe Richner Whyman

Horton

In The Chair: DeHart

Messages from the Senate

The Senate returned, in accordance with the request of the House

House Bill No. 5315, 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 18 (MCL 205.18), as added by 1980 PA 162.

Rep. Gagliardi moved that Rule 67 be suspended.

The motion prevailed.

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

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

Rep. Gagliardi moved that consideration of the motion be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Gagliardi, Martinez, Kukuk, Middaugh, Perricone, Geiger, LaForge, Mans, Wetters, Schermesser, Prusi, Parks, Thomas, Baade, Jansen, McBryde, Godchaux, Dobronski, DeHart, Hale, Bogardus, Harder, Tesanovich, Freeman, Rocca, Bodem, Frank, Llewellyn, Hanley, Gubow, Anthony, Scott, Vaughn, Kelly, Baird, Horton, Jellema, Richner, Birkholz, Gire, Hood, Kilpatrick, Scranton, Schauer, Cherry, Lowe, DeVuyst, Voorhees, Gernaat, Profit, Raczkowski, Goschka, Basham, Galloway, Leland and Brackenridge offered the following resolution:

House Resolution No. 363.

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

Whereas, There are no more vivid symbols of Michigan's heritage as the Great Lake State than the lighthouses that dot the coastlines along America's inland seas. Michigan has more lighthouses than any other state in the country, and our citizens have enormous respect for the role these beacons have filled in contributing to safe passage on the lakes. The state has adopted the lighthouse as its image for a variety of materials, including numerous tourism materials; and

Whereas, Tourism is one of the cornerstones of Michigan's economy. Nearly 400,000 jobs and $9 billion of tourism revenues are generated annually. Much of our state's strength in attracting visitors from the region and elsewhere is based on our natural resources and respect for our history; and

Whereas, An active group of citizens and organizations is working to establish the Great Lakes Lighthouse Center and Museum at Mackinaw City. This proposal holds great opportunities for our state and for the entire region. Located where Lakes Huron and Michigan meet, Mackinaw City is uniquely suited to host a lighthouse museum. Strongly devoted to historic preservation, the Straits area has been illuminated by dozens of lighthouses, and twenty-one still stand within forty miles of the community. Mackinaw City, which attracts 1.7 million vacation trips annually, is a notable tourism center for the state; and

Whereas, The State Ferry Dock at Mackinaw City offers an excellent option for development for the lighthouse museum facility, which is expected to attract 250,000 visitors, to create sixty-five full-time jobs, and to add $20 million to the economy annually. Clearly, this is a project with much to offer our state; now, therefore, be it

Resolved by the House of Representatives, That we support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

The resolution was referred to the Committee on Tourism.

Reps. Gagliardi, Martinez, Kukuk, Middaugh, Perricone, Geiger, LaForge, Mans, Wetters, Schermesser, Prusi, Parks, Thomas, Baade, Jansen, McBryde, Godchaux, Dobronski, DeHart, Hale, Bogardus, Harder, Tesanovich, Freeman, Rocca, Bodem, Llewellyn, Hanley, Gubow, Anthony, Scott, Vaughn, Kelly, Baird, Horton, Jellema, Richner, Birkholz, Gire, Hood, Kilpatrick, Scranton, Schauer, Cherry, Lowe, DeVuyst, Voorhees, Gernaat, Profit, Raczkowski, Goschka, Basham, Galloway, Leland, McNutt and Brackenridge offered the following resolution:

House Resolution No. 364.

A resolution to encourage the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

Whereas, A strong component of Michigan's heritage is its rich maritime history. From the time when the canoes of Native Americans and French voyageurs to the modern tankers from ports around the world, the lakes have contributed enormously to the region's economy, opportunity, and character. Michigan's citizens are keenly aware of this history and deeply appreciate the fact that the cost of much of the state's progress has been paid by those who have lost their lives on the Great Lakes; and

Whereas, The Great Lakes Shipwreck Museum has become an important resource for preserving our maritime history. Located at Whitefish point, the site of the oldest operating lighthouse on the Great Lakes, the museum commemorates the thousands of ships that met their end on the lakes. Plans are being made to recognize the human tragedy through a Great Lakes Mariners' Memorial. This will be a fitting acknowledgment of the bravery of those who have risked their lives to build our state and nation by working on and traversing the Great Lakes; and

Whereas, There is considerable public interest in learning about this element of Michigan history. The existing facilities at Whitefish Point already attract 80,000 visitors each year; and

Whereas, The plan for the Great Lakes Mariners' Memorial includes extensive education materials being made available to researchers and all other visitors to the area. The memorial will help Michigan celebrate the courage and commitment of brave people who have lost their lives in thousands of shipwrecks as they transported goods and passengers in and around Michigan; now, therefore, be it

Resolved by the House of Representatives, That we encourage the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

The resolution was referred to the Committee on Tourism.

Reps. Alley, Brater, Martinez, Kukuk, Middaugh, Perricone, Geiger, LaForge, Mans, Wetters, Schermesser, Parks, Thomas, Oxender, Baade, Godchaux, Dobronski, DeHart, Hale, Bogardus, Harder, Freeman, Dalman, Bodem, Frank, Llewellyn, Hanley, Gubow, Anthony, Scott, Vaughn, Kelly, Cassis, Jellema, Birkholz, Gire, Hood, Kilpatrick, Scranton, Schauer, Cherry, Gernaat, Profit, Raczkowski, Goschka, Basham, Leland and McNutt offered the following resolution:

House Resolution No. 365.

A resolution to urge the Department of Environmental Quality to adopt an Outstanding National Resource Water designation for Lake Superior and its tributaries.

Whereas, The Lake Superior region is an integral part of Michigan's heritage. The lake is the largest fresh water lake in the world and is rich in historical significance to the state of Michigan; and

Whereas, Lake Superior is treasured for sportfishing, hunting, and recreational uses; and

Whereas, Tourism is a major source of revenue for the Upper Peninsula region, and Lake Superior is an integral part of the "Great Lakes, Great Times!" campaign; and

Whereas, Commercial and recreational fisheries in the Lake Superior watershed provide employment and food for Michigan residents in many counties; and

Whereas, The health of Michigan's citizens is threatened by persistent toxic substances, and infants, children, and women of childbearing age are at greater risk from exposure to these chemicals. Extensive scientific evidence indicates that these persistent toxic substances cause increased risk of certain cancers, learning and developmental disabilities, reproductive disorders, and other health problems; and

Whereas, Persistent or bioaccumulative chemicals released anywhere in the Lake Superior watershed will deposit in the lake and in the four downstream Great Lakes and will accumulate in people living in communities around the lake and in people throughout the state who consume its bounty; and

Whereas, The state of Michigan, in signing the "Binational Program to Restore and Protect the Lake Superior Basin," accepted the International Joint Commission's challenge to designate Lake Superior as a demonstration zone with no new persistent toxic substances. The standard currently advocated by the Department of Environmental Quality, a mixed designation of Outstanding State Water Resource and Outstanding International Resource Water, provides inconsistent and insufficient protection to ensure the long-term health and value of one of Michigan's greatest natural resources, Lake Superior; and

Whereas, The best way to prevent new or increased loadings of persistent or bioaccumulative toxins is to choose the more appropriate designation for Lake Superior as an Outstanding National Resource Water; now, therefore, be it

Resolved by the House of Representatives, That we advise and strongly urge the Michigan Department of Environmental Quality to adopt an Outstanding National Resource Water designation for Lake Superior and its tributaries; and be it further

Resolved, That a copy of this resolution be transmitted to the Water Quality Division of the Department of Environmental Quality; the governors of Michigan, Wisconsin, and Minnesota; the Premier of Ontario; and the International Joint Commission.

The resolution was referred to the Committee on Conservation, Environment and Recreation.

Reports of Standing Committees

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 5861, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411e (MCL 750.411e), as added by 1988 PA 476, and by adding section 552c.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5861 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Quarles, Walberg,

Nays: Rep. Scranton.

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 5862, entitled

A bill to amend 1905 PA 80, entitled "An act to authorize and empower certain state departments, and the board of control, board of trustees or governing board of certain state institutions, or the governing body of a municipal corporation, to make, prescribe and enforce rules and regulations for the care, order and preservation of buildings or property dedicated and appropriated to the public use and the conduct of those coming upon the property thereof; to prescribe penalties for a violation thereof and to repeal all acts or parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 19.142), as amended by 1996 PA 231.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5862 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Quarles, Walberg,

Nays: Rep. Scranton.

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: Wednesday, September 16, 1998, at 10:30 a.m.,

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

Absent: Reps. Curtis, LeTarte, Dalman,

Excused: Reps. Curtis, LeTarte, Dalman.

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

House Bill No. 5094, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811d.

The committee recommended that the bill be referred to the Committee on Transportation.

Favorable Roll Call

HB 5094 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Transportation.

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

House Bill No. 5095, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30113 (MCL 324.30113), as amended by 1995 PA 171.

The committee recommended that the bill be referred to the Committee on Transportation.

Favorable Roll Call

HB 5095 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Transportation.

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

House Bill No. 5469, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80152 (MCL 324.80152), as added by 1995 PA 58.

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

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

Favorable Roll Call

HB 5469 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, Mans, Basham, Middaugh, Birkholz, Bodem, Byl, McNutt, Walberg,

Nays: None.

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

Senate Bill No. 1021, entitled

A bill to repeal local acts prohibiting or restricting Sunday hunting.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1021 To Report Out:

Yeas: Reps. Alley, Anthony, Brown, Mans, Schermesser, Basham, Middaugh, Bodem, Byl, DeVuyst, McNutt, Walberg,

Nays: Reps. Kilpatrick, LaForge.

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

House Resolution No. 329.

A resolution to request the Department of Natural Resources, the Department of Environmental Quality, and the Department of Agriculture to assist working groups to preserve and improve the economic, ecologic, and aesthetic resources of Lake Huron and the Saginaw Bay Watershed.

(For text of resolution, see House Journal No. 61, p. 1559.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 329 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 10:30 a.m.,

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

Absent: Rep. McManus.

Excused: Rep. McManus.

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

House Bill No. 5740, entitled

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

With the recommendation that the substitute (H-4) 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 5740 To Report Out:

Yeas: Reps. Griffin, Alley, Callahan, Mans, Olshove, Schermesser, Varga, Gernaat, Kaza, Kukuk, Rhead, Richner, Sanborn,

Nays: Rep. Walberg.

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

Senate Bill No. 1128, entitled

A bill to amend 1941 PA 250, entitled "Urban redevelopment corporations law," by amending section 12 (MCL 125.912) and by adding sections 12a and 12b.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1128 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Murphy, Olshove, Schermesser, Varga, Gernaat, Kukuk, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 9:00 a.m.,

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

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

House Bill No. 4343, entitled

A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and sections 2, 3, and 7 (MCL 252.302, 252.303, and 252.307).

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 4343 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Schauer, Scott, Wojno, London, Birkholz, Byl, Gernaat,

Nays: Reps. Galloway, Middleton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 3:28 p.m.,

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

Absent: Reps. Olshove, Green,

Excused: Reps. Olshove, Green.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, September 16, 1998, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Basham, Brown, Freeman, Crissman, Cropsey, Perricone,

Absent: Rep. Law,

Excused: Rep. Law.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 12:00 Noon,

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

Absent: Reps. Curtis, Dalman, LeTarte,

Excused: Reps. Curtis, Dalman, LeTarte.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 1:00 p.m.,

Present: Reps. Hood, Mathieu, Frank, Hale, Kelly, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Bankes, Godchaux, Jellema, Johnson, McBryde, Oxender,

Absent: Reps. Ciaramitaro, Emerson, Harder, Martinez, Gilmer, Bobier, Geiger, Jansen,

Excused: Reps. Ciaramitaro, Emerson, Harder, Martinez, Gilmer, Bobier, Geiger, Jansen.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hertel, Chair of the Committee on House Television Oversight, was received and read:

Meeting held on: Wednesday, September 16, 1998, at 1:30 p.m.,

Present: Reps. Hertel, Gagliardi, Sikkema, DeVuyst,

Absent: Reps. Thomas, Gustafson,

Excused: Reps. Thomas, Gustafson.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4710.

Rep. Cassis

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, September 16:

House Bill Nos. 6016 6017 6040 6045

Communications from State Officers

The following communication from the Department of Community Health was received and read:

September 11, 1998

It is my pleasure to transmit to you the 1997 Annual Report for the Crime Victim Services Commission. Pursuant to MCL 18.353, this report details the significant program achievements and activities from October 1, 1996 through September 30, 1997.

Cordially,

James K. Haveman, Jr.

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Richner and Green introduced

House Bill No. 6046, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending sections 444, 454, 455, 468, 478, 484, and 636 (MCL 700.444, 700.454, 700.455, 700.468, 700.478, 700.484, and 700.636), sections 444, 454, and 455 as amended by 1988 PA 398 and section 468 as amended by 1980 PA 396.

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

Reps. Brackenridge and Profit introduced

House Bill No. 6047, entitled

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

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

Rep. Profit introduced

House Bill No. 6048, entitled

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

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

Rep. Profit introduced

House Bill No. 6049, entitled

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

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

Rep. Profit introduced

House Bill No. 6050, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4o.

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

Rep. Profit introduced

House Bill No. 6051, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4r.

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

Rep. Profit introduced

House Bill No. 6052, entitled

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

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

Rep. Nye introduced

House Bill No. 6053, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16p of chapter XVII (MCL 777.16p), as added by 1998 PA 317.

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

Rep. Alley introduced

House Bill No. 6054, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," (MCL 487.301 to 487.598) by adding section 547.

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

Rep. Alley introduced

House Bill No. 6055, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding section 1135.

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

Rep. Alley introduced

House Bill No. 6056, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 22 (MCL 445.1672), as amended by 1996 PA 210.

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

Rep. Alley introduced

House Bill No. 6057, entitled

A bill to amend 1995 PA 162, entitled "Credit reform act," (MCL 445.1851 to 445.1864) by adding section 8a.

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

Rep. Alley introduced

House Bill No. 6058, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 513.

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

Rep. Alley introduced

House Bill No. 6059, entitled

A bill to amend 1984 PA 379, entitled "An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties," (MCL 493.101 to 493.114) by amending the title and by adding section 2a.

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

Rep. Alley introduced

House Bill No. 6060, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.65) by adding section 6d.

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

Rep. Alley introduced

House Bill No. 6061, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 24 (MCL 493.74), as amended by 1997 PA 91.

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

Rep. Alley introduced

House Bill No. 6062, entitled

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

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

Reps. Alley and Middaugh introduced

House Bill No. 6063, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending sections 3, 8, 9, 14, 30a, and 30b (MCL 287.703, 287.708, 287.709, 287.714, 287.730a, and 287.730b), sections 3, 9, 14, 30a, and 30b as amended by 1996 PA 369 and section 8 as amended by 1994 PA 41, and by adding section 30c.

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

Reps. Llewellyn, Wetters and Cropsey introduced

House Bill No. 6064, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 10, 12, 16, 20, 30, and 31 (MCL 431.310, 431.312, 431.316, 431.320, 431.330, and 431.331), section 20 as amended by 1997 PA 73.

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

Reps. London, Rhead, Gernaat, Perricone, Birkholz, Schauer, McBryde, Bodem, DeHart, Cassis, Voorhees, Hammerstrom, Lowe, Goschka, Middaugh, Richner and Raczkowski introduced

House Bill No. 6065, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 36 (MCL 208.36), as amended by 1995 PA 284.

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

Rep. Profit introduced

House Bill No. 6066, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 9 and 73 (MCL 208.9 and 208.73), section 9 as amended by 1996 PA 347 and section 73 as amended by 1995 PA 80.

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

Rep. Gubow introduced

House Bill No. 6067, entitled

A bill to amend 1994 PA 350, entitled "Public employee retirement benefits forfeiture act," by amending sections 2, 3, 4, and 5 (MCL 38.2702, 38.2703, 38.2704, and 38.2705), sections 2, 4, and 5 as amended by 1996 PA 467.

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

Rep. Middleton introduced

House Bill No. 6068, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2552 (MCL 600.2552), as amended by 1994 PA 154.

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

Rep. Middleton introduced

House Bill No. 6069, entitled

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

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

Reps. Brater, Brewer, Baird, Schroer, LaForge, Willard, Freeman, Schermesser, Varga, DeHart, Martinez, Kilpatrick, Scott and Profit introduced

House Bill No. 6070, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

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

Reps. Brater, Cherry, Brewer, Baird, Schroer, LaForge, Middaugh, Willard, Freeman, Schermesser, Varga, DeHart, Martinez, Kilpatrick, Scott and Profit introduced

House Bill No. 6071, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding chapter 9 to article II.

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

Reps. Sanborn, Richner, Birkholz, Jelinek, Raczkowski, Jansen, Kukuk, Cassis, Rocca, DeHart, Voorhees, McBryde, Sikkema, DeVuyst, Bodem, Goschka, Hammerstrom, Kaza, Cropsey, Llewellyn, Galloway, Godchaux, Lowe, Dobb, Dalman, Geiger, Walberg, Wojno, Bankes, Gernaat, London, Gagliardi, Jellema, Scranton and Perricone introduced

House Bill No. 6072, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.

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

Reps. Kaza, Perricone, Godchaux and Raczkowski introduced

House Bill No. 6073, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 220.

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

Reps. LaForge, Gire, Price and Brater introduced

House Bill No. 6074, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending sections 2, 3, 5, 6, 7, 8, 10, and 11 (MCL 722.922, 722.923, 722.925, 722.926, 722.927, 722.928, 722.930, and 722.931).