No. 72

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Tuesday, September 22, 1998.

2:00 p.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--e/d/s

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--excused

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--e/d/s

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--excused

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--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--excused

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--excused

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Alan Cropsey, from the 86th District, offered the following invocation:

"Dear Lord God, our own Declaration of Independence declares that You created us and gave us our rights. The justification of our national existence is because the founders of this nation appealed to You as the 'Supreme Judge of the world for the rectitude of our intentions.' The power by which we obtained our freedom was based upon 'a firm reliance on the Protection of Divine Providence.'

We plead for our nation today because we have forgotten You. We are a nation that was founded on Your Word, yet we have forgotten the proper reverence and fear of You. Your Word says that the fear of the Lord is the beginning of knowledge; the fear of the Lord is the beginning of wisdom; and that we are to be holy because You are holy. But yet, as we look from the highest offices in our land down to our own homes, we are not a holy people. We are not a people who has the fear of the Lord in our hearts.

Our electronic and print media are overwhelmingly polluted by violence and immorality. Our schools restrict our children and their teachers from praying and reading Your Word. We have chosen leaders that are corrupt and immoral. Forgive us O Lord God, for we have forgotten the fear of the Lord. We no longer understand what being a holy people means.

Bring back to our remembrance the fear of the Lord and the holiness that You, as the Creator and Redeemer of mankind, require of us. Convict us of sin and may our hearts be tender to repent from sin and seek Your forgiveness. Help us realize that each of us will give an account of our thoughts and actions to You as the Supreme Judge of the world. We ask for Your mercy in the name of our Lord and Savior Jesus Christ.

______

Rep. Dobronski moved that Reps. Schermesser, Gubow and Brater be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

The Speaker laid before the House

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.)

(The resolution was reported by the Committee on Conservation, Environment and Recreation on September 16, consideration of which was postponed until September 17 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. Wetters moved that Rep. Bobier be excused temporarily from today's session.

The motion prevailed.

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

Third Reading of Bills

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.

(The bill was considered on Third Reading and postponed temporarily on September 17, see House Journal No. 71, p. 2023.)

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 864 Yeas--98

Alley Frank Kukuk Price

Anthony Freeman LaForge Profit

Baade Gagliardi Law Prusi

Baird Geiger Leland Quarles

Bankes Gernaat LeTarte Raczkowski

Basham Gilmer Llewellyn Rhead

Birkholz Gire London Richner

Bodem Godchaux Lowe Rison

Bogardus Goschka Mans Rocca

Brackenridge Green Martinez Sanborn

Brown Griffin Mathieu Schauer

Byl Gustafson McBryde Schroer

Callahan Hale McManus Scott

Cassis Hammerstrom McNutt Scranton

Cherry Hanley Middaugh Sikkema

Ciaramitaro Harder Middleton Stallworth

Crissman Hertel Murphy Tesanovich

Cropsey Hood Nye Thomas

Curtis Horton Olshove Vaughn

Dalman Jansen Owen Voorhees

DeHart Jelinek Oxender Walberg

DeVuyst Jellema Palamara Wallace

Dobb Johnson Parks Willard

Dobronski Kelly Perricone Wojno

Fitzgerald Kilpatrick

Nays--1

Kaza

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 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 the title and section 18 (MCL 205.18), the title as amended by 1996 PA 479 and section 18 as added by 1980 PA 162, and by adding section 14.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

Government officials should be held accountable when they make mistakes. They should not be rewarded as this bill would do. There is nothing "dynamic" in the use of econometric models that pretend to predict the future using mathematical equations. This bill will do nothing to alter the mistakes these government officials have made, including their prediction earlier this year that interest rates would increase when in fact they have fallen by more than 100 basis points."

______

The Speaker assumed the Chair.

Rep. Galloway entered the House Chambers.

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).

The bill was read a third time.

The question being on the passage of the bill,

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

1. Amend page 2, following line 12, by inserting:

"(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BEGINNING JANUARY 1, 2000, A BILLBOARD SHALL NOT CONTAIN SEXUALLY EXPLICIT CONTENT OR ADVERTISING FOR GAMBLING ACTIVITIES." and renumbering the remaining subsections.

The motion was seconded.

The question being on the adoption of the amendment offered by Reps. Voorhees and Green,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5978, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1995 PA 194.

(The bill was made a special order on September 15, see House Journal No. 69, p. 1933.)

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Tax Policy (for amendment, see House Journal No. 67, p. 1880),

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

Rep. Schauer moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Schauer,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Schauer,

The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 865 Yeas--56

Alley Emerson LaForge Rison

Anthony Frank Leland Rocca

Baade Freeman Mans Sanborn

Baird Gagliardi Martinez Schauer

Basham Gire Mathieu Schroer

Bogardus Goschka Murphy Scott

Brewer Griffin Olshove Stallworth

Brown Hale Owen Tesanovich

Callahan Hammerstrom Palamara Thomas

Cherry Hanley Parks Varga

Ciaramitaro Harder Price Vaughn

Curtis Hertel Profit Wallace

DeHart Kelly Prusi Willard

Dobronski Kilpatrick Quarles Wojno

Nays--45

Bankes Galloway Johnson Middleton

Birkholz Geiger Kaza Nye

Bodem Gernaat Kukuk Oxender

Brackenridge Gilmer Law Perricone

Byl Godchaux LeTarte Raczkowski

Cassis Green London Rhead

Crissman Gustafson Lowe Richner

Cropsey Horton McBryde Scranton

Dalman Jansen McManus Sikkema

DeVuyst Jelinek McNutt Voorhees

Dobb Jellema Middaugh Walberg

Fitzgerald

In The Chair: Hertel

______

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

"Mr. Speaker and members of the House:

The reason I voted no on the Schauer substitute is because it doesn't pass the scrutiny of constitutional language. Also it would create a structural budget deficit of approximately $625,000.00. If I could have had some idea of which budget bill would be cut, I could have at least considered this bill. Also with a mandate cut in school aid looming if HB 5978 gets signed into law, we could reopen Durant related issues."

Rep. Perricone moved to amend the bill as follows:

1. Amend page 9, line 24, by striking out "SUBSECTIONS (7) AND (8), for a tax year" and inserting "subsection (7) FOR TAX YEARS".

2. Amend page 9, line 25, after "1996" by inserting "AND BEFORE 1999".

3. Amend page 9, following line 25, by inserting:

"(G) EXCEPT AS PROVIDED IN SUBSECTION (8), FOR TAX YEARS THAT

BEGIN AFTER 1998 $ 5,000.00.".

4. Amend page 11, line 5, after the second "year" by inserting "AND BEFORE THE 2000 TAX YEAR".

5. Amend page 11, line 19, after "(8)" by striking out the balance of the line through "SECTION." on line 26.

6. Amend page 12, line 1, after "UNDER" by striking out "THIS SUBSECTION" and inserting "SUBSECTION (2)".

7. Amend page 14, line 15, after "1999" by striking out the balance of the line through "1999" on line 20.

8. Amend page 14, line 22, by striking out "(ii)" and inserting "(D)".

9. Amend page 14, line 24, by striking out "(iii)" and inserting "(E)".

10. Amend page 14, line 26, by striking out "(iv)" and inserting "(F)".

11. Amend page 15, line 1, by striking out "(v)" and inserting "(G)".

12. Amend page 15, line 3, by striking out "(vi)" and inserting "(H)".

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 866 Yeas--48

Bankes Galloway Jellema Middaugh

Birkholz Geiger Johnson Nye

Bodem Gernaat Kaza Owen

Brackenridge Gilmer Kukuk Perricone

Byl Godchaux Law Raczkowski

Cassis Goschka LeTarte Rhead

Crissman Green Llewellyn Richner

Cropsey Gustafson London Rocca

Dalman Hammerstrom Lowe Sanborn

DeVuyst Horton McBryde Scranton

Dobb Jansen McManus Sikkema

Fitzgerald Jelinek McNutt Walberg

Nays--42

Alley Emerson Mans Rison

Anthony Freeman Martinez Schauer

Baade Gagliardi Murphy Schroer

Baird Gire Olshove Scott

Basham Griffin Palamara Stallworth

Brewer Hale Parks Tesanovich

Cherry Hanley Price Thomas

Ciaramitaro Harder Profit Vaughn

Curtis Hertel Prusi Wallace

DeHart Kelly Quarles Wojno

Dobronski Leland

In The Chair: Hertel

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

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

Rep. Brackenridge demanded the yeas and nays.

The demand was supported.

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

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. 867 Yeas--49

Bankes Gernaat Kaza Nye

Birkholz Gilmer Kukuk Oxender

Bodem Godchaux Law Perricone

Brackenridge Goschka LeTarte Raczkowski

Byl Green Llewellyn Rhead

Cassis Gustafson London Richner

Crissman Hammerstrom Lowe Rocca

Cropsey Horton McBryde Sanborn

Dalman Jansen McManus Scranton

DeVuyst Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway Johnson Middleton Walberg

Geiger

Nays--44

Alley Frank Mans Rison

Anthony Freeman Martinez Schauer

Baade Gagliardi Mathieu Scott

Baird Gire Murphy Stallworth

Basham Griffin Owen Tesanovich

Brewer Hale Palamara Thomas

Cherry Hanley Parks Varga

Ciaramitaro Harder Price Vaughn

DeHart Hertel Profit Wallace

Dobronski Kelly Prusi Willard

Emerson Leland Quarles Wojno

In The Chair: Hertel

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

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 868 Yeas--47

Bankes Geiger Johnson Middaugh

Birkholz Gernaat Kaza Middleton

Bodem Gilmer Kukuk Nye

Byl Godchaux LaForge Oxender

Cassis Goschka Law Perricone

Crissman Green LeTarte Raczkowski

Cropsey Gustafson Llewellyn Rhead

Dalman Hammerstrom London Richner

DeVuyst Horton Lowe Scranton

Dobb Jansen McBryde Sikkema

Fitzgerald Jelinek McManus Voorhees

Galloway Jellema McNutt

Nays--42

Alley Frank Murphy Sanborn

Anthony Gagliardi Olshove Schauer

Baade Gire Owen Scott

Basham Hale Palamara Stallworth

Brewer Hanley Parks Tesanovich

Brown Harder Price Thomas

Callahan Hertel Profit Vaughn

Cherry Kelly Prusi Wallace

Ciaramitaro Kilpatrick Quarles Willard

DeHart Leland Rocca Wojno

Dobronski Mans

In The Chair: Hertel

Rep. Schauer 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. 5978, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1995 PA 194.

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

Roll Call No. 869 Yeas--64

Alley Frank Law Quarles

Anthony Freeman Leland Richner

Baade Gagliardi Mans Rison

Baird Gire Mathieu Rocca

Basham Goschka McBryde Sanborn

Bodem Green McManus Schauer

Bogardus Griffin Murphy Scott

Brewer Hale Nye Stallworth

Brown Hammerstrom Olshove Tesanovich

Callahan Hanley Owen Thomas

Cherry Harder Oxender Varga

Cropsey Hertel Palamara Vaughn

Curtis Jelinek Parks Walberg

Dalman Kelly Price Wallace

DeHart Kilpatrick Profit Willard

Dobronski Kukuk Prusi Wojno

Nays--36

Bankes Fitzgerald Jellema Middaugh

Birkholz Galloway Johnson Middleton

Brackenridge Geiger Kaza Perricone

Byl Gernaat LeTarte Raczkowski

Cassis Gilmer Llewellyn Rhead

Ciaramitaro Godchaux London Schroer

Crissman Gustafson Lowe Scranton

Dobb Horton Martinez Sikkema

Emerson Jansen McNutt Voorhees

In The Chair: Hertel

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

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

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30 and 51 (MCL 206.30 and 206.51), section 30 as amended by 1997 PA 86 and section 51 as amended by 1995 PA 194; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. London, 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:

The reason I voted no on HB 5978 is because it doesn't pass the scrutiny of constitutional language. Also it would create a structural budget deficit of approximately $625,000.00. If I could have had some idea of which budget bill would be cut, I could have at least considered this bill. Also with a mandate cut in school aid looming if HB 5978 gets signed into law, we could reopen Durant related issues."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Cassis moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 1080.

(For first notice see House Journal No. 71, p. 2073.)

The question being on the motion by Rep. Cassis,

Rep. Cassis demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Cassis,

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 870 Yeas--53

Alley Emerson LaForge Quarles

Anthony Frank Leland Rison

Baade Freeman Mans Schauer

Baird Gagliardi Martinez Schroer

Basham Gire Mathieu Scott

Bogardus Griffin Murphy Stallworth

Brewer Hale Olshove Tesanovich

Brown Hanley Owen Thomas

Callahan Harder Palamara Varga

Cherry Hertel Parks Vaughn

Ciaramitaro Hood Price Wallace

Curtis Kelly Profit Willard

DeHart Kilpatrick Prusi Wojno

Dobronski

Nays--50

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bodem Gilmer Law Perricone

Brackenridge Godchaux LeTarte Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Rocca

Cropsey Hammerstrom McBryde Sanborn

Dalman Horton McManus Scranton

DeVuyst Jansen McNutt Sikkema

Dobb Jelinek Middaugh Voorhees

Fitzgerald Jellema Middleton Walberg

Galloway Johnson

In The Chair: Hertel

Rep. Perricone moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 1079.

(For first notice see House Journal No. 71, p. 2072.)

The question being on the motion by Rep. Perricone,

Rep. Perricone demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Perricone,

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 871 Yeas--52

Alley Dobronski LaForge Quarles

Anthony Frank Leland Rison

Baade Freeman Mans Schauer

Baird Gagliardi Martinez Schroer

Basham Gire Mathieu Scott

Bogardus Griffin Murphy Stallworth

Brewer Hale Olshove Tesanovich

Brown Hanley Owen Thomas

Callahan Harder Palamara Varga

Cherry Hertel Parks Vaughn

Ciaramitaro Hood Price Wallace

Curtis Kelly Profit Willard

DeHart Kilpatrick Prusi Wojno

Nays--49

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bodem Gilmer Kukuk Oxender

Brackenridge Godchaux Law Perricone

Byl Goschka LeTarte Raczkowski

Cassis Green Llewellyn Rhead

Crissman Gustafson London Richner

Cropsey Hammerstrom Lowe Rocca

Dalman Horton McBryde Sanborn

DeVuyst Jansen McManus Scranton

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway

In The Chair: Hertel

Rep. Goschka moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 1081.

(For first notice see House Journal No. 71, p. 2073.)

The question being on the motion by Rep. Goschka,

Rep. Goschka demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Goschka,

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 872 Yeas--53

Alley Emerson Leland Rison

Anthony Frank Mans Schauer

Baade Freeman Martinez Schroer

Baird Gagliardi Mathieu Scott

Basham Gire Murphy Stallworth

Bogardus Hale Olshove Tesanovich

Brewer Hanley Owen Thomas

Brown Harder Palamara Varga

Callahan Hertel Parks Vaughn

Cherry Hood Price Wallace

Ciaramitaro Kelly Profit Wetters

Curtis Kilpatrick Prusi Willard

DeHart LaForge Quarles Wojno

Dobronski

Nays--49

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bodem Gilmer Law Perricone

Brackenridge Godchaux LeTarte Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Rocca

Cropsey Hammerstrom McBryde Sanborn

Dalman Horton McManus Scranton

DeVuyst Jansen McNutt Sikkema

Dobb Jelinek Middaugh Voorhees

Fitzgerald Jellema Middleton Walberg

Galloway

In The Chair: Hertel

Rep. Brackenridge moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 1083.

(For first notice see House Journal No. 71, p. 2073.)

The question being on the motion by Rep. Brackenridge,

Rep. Brackenridge demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Brackenridge,

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 873 Yeas--52

Alley Dobronski Kilpatrick Rison

Anthony Emerson LaForge Schauer

Baade Frank Mans Schroer

Baird Freeman Martinez Scott

Basham Gagliardi Mathieu Stallworth

Bogardus Gire Murphy Tesanovich

Brewer Griffin Olshove Thomas

Brown Hale Owen Varga

Callahan Hanley Palamara Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hertel Profit Wetters

Curtis Hood Prusi Willard

DeHart Kelly Quarles Wojno

Nays--49

Bankes Gernaat Kaza Nye

Birkholz Gilmer Kukuk Oxender

Brackenridge Godchaux Law Perricone

Byl Goschka LeTarte Raczkowski

Cassis Green Llewellyn Rhead

Crissman Gustafson London Richner

Cropsey Hammerstrom Lowe Rocca

Dalman Horton McBryde Sanborn

DeVuyst Jansen McManus Scranton

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway Johnson Middleton Walberg

Geiger

In The Chair: Hertel

Rep. Anthony moved that the Committee on Labor and Occupational Safety be discharged from further consideration of House Bill No. 4801.

(For first notice see House Journal No. 71, p. 2072.)

The question being on the motion by Rep. Anthony,

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

______

Rep. Agee entered the House Chambers.

Third Reading of Bills

The House returned to the consideration of

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).

(The bill was considered earlier today, see today's journal, p. 2078.)

The question being on the adoption of the amendment offered previously by Reps. Voorhees and Green,

Rep. Voorhees moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

Rep. Alley moved to amend the bill as follows:

1. Amend page 2, line 9, after "state." by inserting "IN ADDITION, THE LEGISLATURE FINDS IT APPROPRIATE TO PROTECT MINORS FROM EXPOSURE TO ADVERTISING THAT ENCOURAGES THEM TO ILLEGALLY POSSESS TOBACCO.".

2. Amend page 2, line 13, by striking out all of subsection (2) and inserting:

"(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A CIVIL FINE OF NOT LESS THAN $5,000.00 OR MORE THAN $10,000.00 FOR EACH DAY OF VIOLATION. A CIVIL FINE COLLECTED UNDER THIS SECTION SHALL BE DISTRIBUTED TO PUBLIC LIBRARIES AS PROVIDED UNDER 1964 PA 59, MCL 397.31 TO 397.40.".

3. Amend page 2, line 17, after "THIS" by striking out "ACT" and inserting "SECTION".

4. Amend page 2, line 23, by inserting:

"(B) "FREEWAY" MEANS A DIVIDED HIGHWAY OF NOT LESS THAN 2 LANES IN EACH DIRECTION TO WHICH OWNERS OR OCCUPANTS OF ABUTTING PROPERTY OR THE PUBLIC DO NOT HAVE A RIGHT OF INGRESS OR EGRESS TO, FROM, OR ACROSS THE HIGHWAY, EXCEPT AT POINTS DETERMINED BY OR AS OTHERWISE PROVIDED BY THE AUTHORITIES RESPONSIBLE FOR THE HIGHWAY.

(C) "INTERSTATE HIGHWAY" MEANS A HIGHWAY OFFICIALLY DESIGNATED AS A PART OF THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS BY THE DEPARTMENT AND APPROVED BY THE APPROPRIATE AUTHORITY OF THE FEDERAL GOVERNMENT.

(D) "MAIN-TRAVELED WAY" MEANS THE TRAVELED WAY OF A HIGHWAY ON WHICH THROUGH TRAFFIC IS CARRIED. THE TRAVELED WAY OF EACH OF THE SEPARATE ROADWAYS FOR TRAFFIC IN OPPOSITE DIRECTIONS IS A MAIN-TRAVELED WAY OF A DIVIDED HIGHWAY. IT DOES NOT INCLUDE FACILITIES AS FRONTAGE ROADS, TURNING ROADWAYS, OR PARKING AREAS.

(E) "PRIMARY HIGHWAY" MEANS A HIGHWAY, OTHER THAN AN INTERSTATE HIGHWAY OR FREEWAY, OFFICIALLY DESIGNATED AS A PART OF THE PRIMARY SYSTEM AS DEFINED IN SECTION 131 OF TITLE 23 OF THE UNITED STATES CODE, 23 U.S.C. 131, BY THE DEPARTMENT AND APPROVED BY THE APPROPRIATE AUTHORITY OF THE FEDERAL GOVERNMENT.

(F) "SECONDARY HIGHWAY" MEANS A STATE SECONDARY ROAD OR COUNTY PRIMARY ROAD." and relettering the remaining subdivision.

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

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

1. Amend page 2, following line 12, by inserting:

"(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BEGINNING JANUARY 1, 2000, A BILLBOARD SHALL NOT CONTAIN SEXUALLY EXPLICIT CONTENT.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BEGINNING JANUARY 1, 2000, A BILLBOARD SHALL NOT CONTAIN ADVERTISING FOR GAMBLING ACTIVITIES.

(4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BEGINNING JANUARY 1, 2000, A BILLBOARD LOCATED WITHIN 500 YARDS OF A K-12 PUBLIC OR PRIVATE SCHOOL SHALL NOT CONTAIN ADVERTISING FOR ALCOHOLIC BEVERAGES." and renumbering the remaining subsections.

The question being on the seconding of the motion by Reps. Voorhees and Green,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion by Reps. Voorhees and Green,

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

The motion prevailed.

Second Reading of Bills

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).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Tax Policy (for amendments, see House Journal No. 71, p. 2069),

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

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

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

Rep. Dobb moved to amend the bill as follows:

1. Amend page 6, line 8, after "THAT" by striking out the balance of the subsection and inserting "BOTH OF THE FOLLOWING CONDITIONS MUST BE MET BEFORE THE COUNCIL PROCEEDS UNDER SECTION 27(1):

(A) TWO-THIRDS OF THE MEMBERS OF EACH COUNTY BOARD OF COMMISSIONERS PARTICIPATING IN THE COUNCIL APPROVE THE PLACEMENT OF THE PROPOSAL ON A COUNTYWIDE BALLOT.

(B) SIXTY PERCENT OF THE QUALIFIED ELECTORS VOTING ON THE PROPOSAL DESCRIBED IN SUBDIVISION (A) APPROVE OF THE PROPOSAL.".

2. Amend page 9, line 7, after "BY" by striking out "A MAJORITY" and inserting "60%".

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 874 Yeas--14

Bodem Freeman Hammerstrom Middleton

Cassis Galloway Horton Rocca

Crissman Godchaux Kukuk Sanborn

Dobb Goschka

Nays--84

Agee DeVuyst Kilpatrick Price

Alley Dobronski LaForge Profit

Anthony Emerson Law Prusi

Baade Fitzgerald Leland Raczkowski

Baird Frank LeTarte Rhead

Bankes Geiger Llewellyn Richner

Basham Gernaat London Rison

Birkholz Gilmer Lowe Schauer

Bobier Gire Mans Schroer

Bogardus Green McBryde Scott

Brackenridge Griffin McManus Scranton

Brewer Gustafson McNutt Sikkema

Brown Hale Middaugh Stallworth

Byl Hanley Murphy Tesanovich

Callahan Harder Nye Thomas

Cherry Hertel Olshove Varga

Ciaramitaro Hood Owen Vaughn

Cropsey Jansen Oxender Voorhees

Curtis Jelinek Palamara Wetters

Dalman Jellema Parks Willard

DeHart Kelly Perricone Wojno

In The Chair: Hertel

Rep. Dobb moved to amend the bill as follows:

1. Amend page 3, line 23, after "SCHOOL;" by inserting "AN ENTITY THAT REQUIRES AN INDIVIDUAL TO RESIDE WITHIN A SPECIFIC GEOGRAPHIC LOCATION AS A CONDITION OF EMPLOYMENT OR PROMOTION;".

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 875 Yeas--38

Bankes Geiger Kaza Raczkowski

Birkholz Godchaux Kukuk Richner

Bodem Goschka Lowe Rocca

Cassis Green McBryde Sanborn

Crissman Gustafson McManus Schroer

Cropsey Hammerstrom Middleton Scranton

Dalman Horton Nye Sikkema

DeVuyst Jansen Oxender Voorhees

Dobb Jelinek Perricone Walberg

Galloway Johnson

Nays--64

Agee DeHart Kelly Parks

Alley Dobronski Kilpatrick Price

Anthony Emerson LaForge Profit

Baade Fitzgerald Law Prusi

Baird Frank Leland Rhead

Basham Freeman LeTarte Rison

Bobier Gernaat London Schauer

Bogardus Gilmer Mans Scott

Brackenridge Gire Martinez Stallworth

Brewer Griffin Mathieu Tesanovich

Brown Hale McNutt Thomas

Byl Hanley Middaugh Varga

Callahan Harder Murphy Vaughn

Cherry Hertel Olshove Wetters

Ciaramitaro Hood Owen Willard

Curtis Jellema Palamara Wojno

In The Chair: Hertel

Rep. Crissman moved to amend the bill as follows:

1. Amend page 2, line 18, after "MEETS" by striking out "ALL" and inserting "BOTH".

2. Amend page 2, line 24, by striking out all of subparagraph (iii).

3. Amend page 2, line 26, after "THAT" by striking out the balance of the line through "COUNTY" on line 3, page 3.

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 876 Yeas--16

Ciaramitaro Galloway Kukuk Raczkowski

Crissman Godchaux LeTarte Richner

Dobb Hammerstrom Martinez Sanborn

Fitzgerald Kaza Middleton Willard

Nays--81

Agee DeVuyst Johnson Parks

Alley Dobronski Kelly Perricone

Anthony Frank Kilpatrick Price

Baade Freeman LaForge Profit

Baird Geiger Law Prusi

Bankes Gernaat Leland Rhead

Basham Gilmer Llewellyn Rison

Birkholz Goschka London Rocca

Bobier Green Lowe Schauer

Bodem Griffin Mans Schroer

Bogardus Gustafson Mathieu Scott

Brackenridge Hale McBryde Scranton

Brewer Hanley McManus Sikkema

Brown Harder McNutt Stallworth

Byl Hertel Middaugh Tesanovich

Callahan Hood Murphy Thomas

Cherry Horton Nye Varga

Cropsey Jansen Owen Vaughn

Curtis Jelinek Oxender Voorhees

Dalman Jellema Palamara Wojno

DeHart

In The Chair: Hertel

Reps. Richner, Middleton, and Dobb moved to amend the bill as follows:

1. Amend page 6, line 11, after "27(1)" by inserting "AT THE REGULARLY SCHEDULED COUNTY PRIMARY OR GENERAL ELECTION THAT FOLLOWS THE DETERMINATION TO PROCEED UNDER SECTION 27(3)".

2. Amend page 9, line 4, after "PROPOSAL" by inserting "AT THE REGULARLY SCHEDULED COUNTY PRIMARY OR GENERAL ELECTION THAT FOLLOWS ADOPTION OF THE RESOLUTION DESCRIBED IN SUBDIVISION (A)".

3. Amend page 9, line 9, after "PROPOSAL" by inserting "AT THE REGULARLY SCHEDULED COUNTY PRIMARY OR GENERAL ELECTION THAT FOLLOWS ADOPTION OF THE RESOLUTION DESCRIBED IN SUBDIVISION (A)".

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

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

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

Rep. Cherry moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 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).

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

Roll Call No. 877 Yeas--79

Agee Dobronski Kilpatrick Profit

Alley Emerson Kukuk Prusi

Anthony Fitzgerald LaForge Rhead

Baade Frank Law Richner

Baird Geiger Leland Rison

Bankes Gilmer LeTarte Sanborn

Basham Green London Schauer

Birkholz Gustafson Mans Schroer

Bobier Hale Martinez Scott

Bodem Hammerstrom Mathieu Sikkema

Bogardus Hanley McBryde Stallworth

Brackenridge Harder McNutt Tesanovich

Brewer Hertel Middaugh Thomas

Brown Hood Murphy Varga

Byl Horton Owen Vaughn

Cherry Jansen Oxender Voorhees

Curtis Jelinek Palamara Wallace

Dalman Jellema Parks Wetters

DeHart Johnson Perricone Willard

DeVuyst Kelly Price

Nays--24

Callahan Freeman Llewellyn Quarles

Cassis Galloway Lowe Raczkowski

Ciaramitaro Gernaat McManus Rocca

Crissman Godchaux Middleton Scranton

Cropsey Goschka Nye Walberg

Dobb Kaza Olshove Wojno

In The Chair: Hertel

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

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

A bill to amend 1989 PA 292, entitled "An act to authorize local governmental units to create metropolitan councils; to prescribe the powers and duties of metropolitan councils; to authorize metropolitan councils to levy a property tax; and to prescribe penalties and provide remedies," (MCL 124.651 to 124.685) by adding sections 43, 45, 47, 49, 51, 59, 61, and 63.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

The motion prevailed.

Rep. Cherry moved that when the House adjourns today it stand adjourned until Wednesday, September 23, at 10:00 a.m.

The motion prevailed.

Rep. Palamara asked and obtained an excuse from tomorrow's session.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Cassis, Dobronski, Gernaat, McBryde, Dalman, Jelinek, Jellema, Perricone, Middaugh, Scranton, Tesanovich, Voorhees, Cropsey, Hammerstrom, Brackenridge, Baade, Crissman, London, Kilpatrick, Hanley, Cherry, Martinez, Parks, Rhead, LaForge, Gilmer, Dobb, Richner, Bodem, Birkholz, Green and DeVuyst offered the following resolution:

House Resolution No. 372.

A resolution commemorating the FIRST (For Inspiration and Recognition of Science and Technology) Educational Program.

Whereas, It is with gratitude and admiration that we salute the FIRST program which partners the public and private sectors to achieve a common good, the education of our youth. This non-profit organization's mission is to generate an interest in science and engineering among high school students. The primary means of accomplishing this goal is through national science competitions. The program is comprised of students, teachers, and area engineers and is funded by private donations from local communities and businesses; and

Whereas, The national robotics contest immerses high school students in the exciting world of science and technology. Teaming up with engineers from businesses and universities, students get a hands-on, inside look at the engineering profession. During intense preparation teams work together to brainstorm, design, construct, and test their robots. The teams, which come from all across the nation, compete in a spirited tournament complete with referees, cheerleaders, and time clocks; and

Whereas, The partnerships developed between schools, businesses, and universities provide an exchange of resources and talent highlighting mutual needs, building cooperation, and exposing students to new career choices. The result is a fun, exciting and stimulating environment in which all participants discover the important connection between classroom lessons and real world applications; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body hereby honor the FIRST program for its contribution to our educational system. Let it serve as an example for other programs throughout the nation; and be it further

Resolved, That a copy of this resolution be transmitted to a representative of FIRST, in Michigan, as a symbol of our respect for an exemplary organization that promotes science and technology.

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. Fitzgerald, Dobronski, Gernaat, McBryde, Dalman, Rocca, Jelinek, Jellema, Perricone, Middaugh, Wojno, Scranton, Tesanovich, Baird, Voorhees, Geiger, Cropsey, Hammerstrom, Cassis, Thomas, Brackenridge, Baade, Crissman, London, Freeman, Kilpatrick, Hanley, Prusi, Cherry, Martinez, Parks, Schauer, Rhead, LaForge, Gilmer, Dobb, Richner, Bodem, Birkholz, Green, DeVuyst and Oxender offered the following resolution:

House Resolution No. 373.

A resolution commemorating School Bus Safety Week in Michigan, October 18-24, 1998.

Whereas, It is with great respect for the accomplishments of Michigan's school bus drivers, mechanic's supervisors, and all school transportation personnel that we commemorate October 18-24, 1998, as Michigan School Bus Safety Week. During this special observance, we encourage all Michigan citizens to recognize the dedication and skill of school transportation employees; and

Whereas, Each day, more than 875,000 students ride on 21,000 school buses, traveling over 433 million miles annually. Driving so many miles, coordinating countless routes and supervising the dozens of students on each vehicle requires an outstanding effort. Fortunately for the people of Michigan, there are thousands of exemplary professionals who have devoted their careers to transporting our children safely; and

Whereas, On behalf of our young people, it is a pleasure to commend the men and women who accept and meet the challenge of school transportation. The observance of Michigan School Bus Safety Week is a welcome opportunity to thank these patient, skilled, and caring public servants. Those involved in this pursuit should be very proud of their contribution to education; and

Whereas, This special week serves as a fitting time to urge all Michigan drivers to become more aware of school bus safety regulations. Serious injuries and death occur when motorists fail to stop for school buses. Now that school has begun, we remind drivers to be cautious and attentive around school buses. It is also an appropriate time to ask students to listen to their bus drivers and pay close attention to bus safety rules; now, therefore, be it

Resolved by the House of Representatives, That we proudly commemorate October 18-24, 1998, as Michigan School Bus Safety Week, and commend everyone who has contributed to the successful operation of our state's school buses. We also encourage all citizens to drive carefully and alertly around school buses. By working together, we can make this the safest school year ever; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association for Pupil Transportation as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Fitzgerald, Dobronski, McBryde, Dalman, Rocca, Jelinek, Perricone, Middaugh, Frank, Wojno, Scranton, Tesanovich, Baird, Geiger, Hammerstrom, Cassis, Brackenridge, Baade, Crissman, London, Kilpatrick, Hanley, Cherry, Parks, LaForge, Dobb, Richner, Bodem, Birkholz, Green, DeVuyst and Oxender offered the following resolution:

House Resolution No. 374.

A resolution recognizing suicide as a serious state and national problem and encouraging suicide prevention initiatives.

Whereas, Suicide is the ninth leading cause of all deaths in the state of Michigan and the third cause for young persons ages 15 through 24. In 1995, suicide claimed over 960 Michigan lives, a number greater than the number of homicides. In addition, suicide attempts adversely impact the lives of millions of family members across the country; and

Whereas, The suicide death rate has remained relatively stable over the past 40 years for the general population. However, the rate has nearly tripled for young persons. The suicide death rate is highest for adults over 65; and

Whereas, These deaths impose a huge unrecognized and unmeasured economic burden on the state of Michigan in terms of potential life lost, medical costs incurred, and the lasting impact on family and friends. This is a complex, multifaceted biological, sociological, and societal problem; and

Whereas, Even though many suicides are currently preventable, there is still a need for the development of more effective suicide prevention programs. Much more can be done, for example, to remove stigmas associated with seeking help for emotional problems. Prevention opportunities continue to increase due to advances in clinical research, in mental disorder treatments, in basic neuroscience, and in the development of new community-base initiatives. Suicide prevention efforts should be encouraged to the maximum extent possible; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body:

1. Recognize suicide as a statewide problem and declare suicide prevention to be a state priority;

2. Acknowledge that no single suicide prevention program or effort will be appropriate for all populations or communities;

3. Encourage initiatives dedicated to helping people at risk for suicide and for people who have attempted suicide and support for people who have lost someone to suicide; and

4. Encourage the development, promotion, and accessibility of mental health services to enable all persons at risk for suicide to obtain these services without fear of any stigma.

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. Baird, Dobronski, DeHart, Tesanovich, Thomas, London, Freeman, Hale, Hanley, Cherry, Martinez, Parks, Schauer, LaForge, Bogardus, Bodem and Green offered the following resolution:

House Resolution No. 375.

A resolution honoring Melva Mutch Baxter.

Whereas, Melva Mutch Baxter is being honored for her untiring devotion to the betterment of the health of her dental hygiene patients, who, since 1950, when she graduated from the University of Michigan then became licensed as a registered dental hygienist, have benefited from her dedication, clinical excellence and loyalty. Her commitment to her profession and colleagues, especially through the dental hygiene associations at the local, state and national levels, is an inspiration to all that meet her; and

Whereas, Melva was born and raised in Muir, Michigan. She graduated from Muir-Lyons High School in 1948 and then went on to the University of Michigan. She graduated from the U of M Dental Hygiene Program in 1950. Melva married Jack Baxter in 1959 and her son, David Alexander Baxter, was born in 1960; and

Whereas, A world traveler, Melva was also a member of the first delegation of dental hygienists to travel to China in 1981. She returned in 1990 and led a dental hygienist delegation again in 1991 to China where the purpose of the trip was mutual education; and

Whereas, Melva is a charter member (formed 1955) of the Lansing-area Central District Dental Hygienists' Society (CDDHS). She served as Central's Trustee to the Michigan Dental Hygienists' Association from 1955-59; and

Whereas, For the Michigan Dental Hygienists' Association, Melva's accomplishments are many. She has served on nearly every committee and task force, was appointed treasurer for 1959-60, and has served since 1980 as historian, a role for which she is most suited. The historian must grasp and understand the meaning of events as they unfold then put them in perspective. Melva is able to do that with grace and tact; and

Whereas, Her service in Michigan is unparalleled. She was appointed by the Michigan Board of Dentistry and served from 1974-76 as an examiner of applicants for dental hygiene licensure; and

Whereas, She has been a dental hygiene clinician for nearly 50 years, only taking a short time off for the birth of her son. Her most memorable years were working with Dr. Day, with whom she spent nearly 30 years. Later in her career her clients showed unprecedented loyalty, when after moving from one dental practice to another, over 200 patients followed her to the new office, unsolicited! Today Melva, who currently is employed by Michael Hutcheson, DDS, is providing dental hygiene services to the grandchildren of many of her first clients; and

Whereas, Melva's enthusiasm for her profession has been recognized by her peers repeatedly over the years. Awards she has received are as follows:

* 1976, the MDHA granted her both Life Membership and Dental Hygienist of the Year honors.

* 1978, the Honorary Dental Hygiene Society of which she's been a member since 1962, Sigma Phi Alpha, gave her their Distinguished Service Award.

* 1984, the University of Michigan Dental Hygiene Alumni Organization honored her with the Outstanding U of M Dental Hygiene Alumna award.

* 1993, Melva was presented with Dental Hygienist of the Year award from her local peers of the Central District Dental Hygienists' Society.

* 1996, Melva received the MDHA Frances Shook award, an award that has personal meaning to Melva since Frances Shook was one of her mentors; and

Whereas, Melva has also realized that much has changed in the art and science of dental hygiene. She regularly attends continuing education courses sponsored by LCC, MSU, U of M and University of Detroit-Mercy, and throughout the country, and has maintained a clinical excellence that is not disputed. She also has given back to the community, having served on numerous local boards and committees, including Head Start and Habitat for Humanity; and

Whereas, Her loyalty to her profession is unprecedented. Her theme color is lavender (the color of dental hygiene) from the clothes she wears to the ink she uses. Melva adds the credentials "RDH" every time she signs her name on checks, letters and documents. Over the years she has exhibited excellence in patient care, leadership in her professional association and community, and has promoted the profession of dental hygiene by serving as a mentor and role model; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor Melva for her significant contributions to her profession, her patients and the citizens of the State of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Melva as a token of our respect for her fine work.

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 Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 1209, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 18 (MCL 722.638), as added by 1997 PA 168.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1209 To Report Out:

Yeas: Reps. Wallace, Baird, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Nye, Cropsey, Fitzgerald, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 17, 1998, at 11:35 a.m.,

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

Absent: Reps. Willard, Wojno, Dalman, Law,

Excused: Reps. Willard, Wojno, Dalman, Law.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 6039, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1989 PA 194.

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 6039 To Report Out:

Yeas: Reps. DeHart, Dobronski, Mans, Basham, Jelinek,

Nays: Rep. Rhead.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 9:30 a.m.,

Present: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Jelinek,

Absent: Reps. Dobb, LeTarte,

Excused: Reps. Dobb, LeTarte.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 5983, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," by amending section 14 (MCL 205.314), as amended by 1994 PA 307.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5983 To Report Out:

Yeas: Reps. Anthony, Alley, Bogardus, DeVuyst, Gernaat, Lowe,

Nays: None.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 5984, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," (MCL 205.301 to 205.317) by adding section 14b.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5984 To Report Out:

Yeas: Reps. Anthony, Alley, Bogardus, Gernaat, Lowe,

Nays: None.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 5985, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," (MCL 205.301 to 205.317) by adding section 14a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5985 To Report Out:

Yeas: Reps. Anthony, Alley, Bogardus, DeVuyst, Gernaat, Lowe,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, September 22, 1998, at 10:45 a.m.,

Present: Reps. Anthony, Alley, Bogardus, DeVuyst, Gernaat, Lowe,

Absent: Reps. Callahan, Brater, Middleton,

Excused: Reps. Callahan, Brater, Middleton.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 5987, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 82.

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

1. Amend page 1, line 10, after "TO" by striking out the balance of the line.

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

Favorable Roll Call

HB 5987 To Report Out:

Yeas: Reps. Wallace, Baird, Freeman, Kilpatrick, Schauer, Vaughn, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 268, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 81134 (MCL 324.81134), as amended by 1996 PA 175.

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 268 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 269, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding section 1f to chapter IX.

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 269 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 625, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 217, 219, 233, 320e, 323, 732, and 904 (MCL 257.204a, 257.217, 257.219, 257.233, 257.320e, 257.323, 257.732, and 257.904), section 204a as amended by 1996 PA 102, section 217 as amended by 1996 PA 59, section 219 as amended by 1985 PA 67, section 233 as amended by 1980 PA 398, sections 320e and 732 as amended by 1996 PA 493, section 323 as amended by 1994 PA 449, and section 904 as amended by 1994 PA 450; and to repeal acts and parts of acts.

Adverse Roll Call

SB 625 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Fitzgerald, Richner,

Nays: Reps. Nye, Cropsey, Dalman.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 627, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5a, 8a, 44a, 258, 319, 319b, 602a, and 625m (MCL 257.5a, 257.8a, 257.44a, 257.258, 257.319, 257.319b, 257.602a, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, sections 319 and 602a as amended by 1996 PA 587, section 319b as amended by 1996 PA 404, and section 625m as amended by 1996 PA 491, and by adding sections 23b and 204b.

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 627 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 870, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 310d, 320a, 625, 625c, and 727 (MCL 257.310d, 257.320a, 257.625, 257.625c, and 257.727), section 310d as amended by 1991 PA 99, section 320a as amended by 1996 PA 493, section 625 as amended by 1996 PA 491, section 625c as amended by 1994 PA 450, and section 727 as amended by 1993 PA 301.

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 870 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

The Committee on Judiciary, by Rep. Wallace, Chair, reported

Senate Bill No. 953, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 625a, and 625b (MCL 257.303, 257.625a, and 257.625b), section 303 as amended by 1996 PA 587, section 625a as amended by 1996 PA 491, and section 625b as amended by 1994 PA 450.

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

SB 953 To Report Out:

Yeas: Reps. Baird, Freeman, Kilpatrick, Schauer, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 10:00 a.m.,

Present: Reps. Wallace, Baird, Freeman, Kilpatrick, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Absent: Reps. Curtis, Gubow, Willard,

Excused: Reps. Curtis, Gubow, Willard.

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

House Bill No. 5830, entitled

A bill to provide for the establishment of a state matching grant program to fund programs that help preschool and elementary school aged students to read; to provide certain grants; and to prescribe the powers and duties of certain state and local agencies and officials.

With the recommendation that the substitute (H-3) 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 5830 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 1:00 p.m.,

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

Absent: Reps. Emerson, Martinez, Parks, Bobier, Johnson, Oxender,

Excused: Reps. Emerson, Martinez, Parks.

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

House Bill No. 6006, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11503 and 11506 (MCL 324.11503 and 324.11506), section 11503 as amended by 1996 PA 359 and section 11506 as amended by 1996 PA 392.

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 6006 To Report Out:

Yeas: Reps. Alley, Anthony, Brown, LaForge, Mans, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, Walberg,

Nays: None.

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

House Bill No. 6007, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21543 (MCL 324.21543).

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 6007 To Report Out:

Yeas: Reps. Alley, Anthony, Brown, Kilpatrick, Mans, Wetters, Basham, Middaugh, Birkholz, DeVuyst, McNutt, Walberg,

Nays: None.

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

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.

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

1. Amend page 1, line 1, by striking out all of section 43516.

2. Amend page 7, line 9, by striking out "THE FOLLOWING" and inserting "A PROTECTED ANIMAL, A FUR-BEARING ANIMAL, GAME, OR FISH TAKEN WHILE COMMITTING A VIOLATION OF THIS PART".

3. Amend page 7, line 13, after "600.4709" by striking out the balance of the subsection and inserting a period.

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

Favorable Roll Call

SB 767 To Report Out:

Yeas: Reps. Alley, Anthony, Brown, Kilpatrick, LaForge, Mans, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

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

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 768 To Report Out:

Yeas: Reps. Alley, Anthony, Brown, Kilpatrick, LaForge, Mans, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 12:00 Noon,

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

Absent: Reps. Callahan, Brater, Schermesser, McManus,

Excused: Reps. Callahan, Brater, Schermesser, McManus.

The Committee on Advanced Technology and Computer Development, by Rep. Brewer, Chair, reported

House Bill No. 6132, entitled

A bill to create the state technology commission within the legislative branch; and to prescribe its powers and duties.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 6132 To Report Out:

Yeas: Reps. Brewer, Basham, Brown, Quarles, Kaza, Hammerstrom,

Nays: None.

The Committee on Advanced Technology and Computer Development, by Rep. Brewer, Chair, reported

House Bill No. 5356, entitled

A bill to regulate certain activities of interactive computer service providers; and to provide remedies.

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 5356 To Report Out:

Yeas: Reps. Brewer, Basham, Brown, Kaza, Hammerstrom,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:

Meeting held on: Tuesday, September 22, 1998, at 12:30 p.m.,

Present: Reps. Brewer, Basham, Brown, Quarles, Kaza, Hammerstrom, Walberg,

Absent: Reps. Baird, Whyman,

Excused: Rep. Whyman.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 5238, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401.

With the recommendation that the substitute (H-3) 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 5238 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Murphy, Thomas, Hammerstrom, Crissman, Law, Raczkowski, Rocca, Scranton,

Nays: None.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 5924, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621).

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 5924 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Murphy, Thomas, Hammerstrom, Crissman, Law, Raczkowski, Rocca, Scranton,

Nays: None.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 5986, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 179.

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 5986 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Murphy, Profit, Thomas, Hammerstrom, Law, Raczkowski, Rocca,

Nays: Rep. Scranton.

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 6024, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17752 (MCL 333.17752).

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

Favorable Roll Call

HB 6024 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Leland, Murphy, Thomas, Hammerstrom, Crissman, Law, Raczkowski, Rocca, Scranton,

Nays: None.

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

The Committee on Health Policy, by Rep. Palamara, Chair, reported

Senate Bill No. 479, 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 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

SB 479 To Report Out:

Yeas: Reps. Palamara, Gire, Griffin, Profit, Thomas, Hammerstrom, Law, Raczkowski, Rocca,

Nays: Rep. Scranton.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 10:30 a.m.,

Present: Reps. Palamara, Schauer, Gire, Griffin, Leland, Murphy, Profit, Thomas, Wojno, Hammerstrom, Crissman, Law, Raczkowski, Rocca, Scranton,

Absent: Reps. Gubow, Llewellyn,

Excused: Reps. Gubow, Llewellyn.

The Committee on Human Services and Children, by Rep. LaForge, Chair, reported

House Bill No. 6034, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1997 PA 168.

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 6034 To Report Out:

Yeas: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, London, Sanborn,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, September 22, 1998, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, London, Sanborn,

Absent: Rep. McManus.

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

Senate Bill No. 869, entitled

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

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 869 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 22, 1998, at 5:17 p.m.,

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

Absent: Reps. Schermesser, Curtis, Mans,

Excused: Reps. Schermesser, Curtis, Mans.

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:

Senate Bill Nos. 1282 1283

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, September 17:

House Bill Nos. 6033 6039 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6088 6089 6090 6091 6092 6093 6094

The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 21, for his approval of the following bills:

Enrolled House Bill No. 4799 at 9:33 a.m.

Enrolled House Bill No. 5596 at 9:35 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, September 21:

House Bill Nos. 6035 6132

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, September 22:

House Bill Nos. 6008 6009 6010 6011 6012 6013 6014 6015 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6034 6036 6037 6038 6041 6042 6043 6044 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6087

The Clerk announced that the following Senate bills had been received on Tuesday, September 22:

Senate Bill No. 1266 1282

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4210, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 322, 625b, 625k, and 625l (MCL 257.204a, 257.322, 257.625b, 257.625k, and 257.625l), section 204a as amended by 1996 PA 102 and sections 625b, 625k, and 625l as amended by 1994 PA 450, and by adding sections 622a, 625o, and 625p.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 322, 625k, and 625l (MCL 257.322, 257.625k, and 257.625l), sections 625k and 625l as amended by 1994 PA 450, and by adding sections 622a and 625o.

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

House Bill No. 4576, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 44a, 625b, and 732 (MCL 257.8a, 257.44a, 257.625b, and 257.732), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 625b as amended by 1994 PA 450, and section 732 as amended by 1996 PA 493, and by adding section 23b.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 625b (MCL 257.625b), as amended by 1994 PA 450.

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

House Bill No. 4959, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 322, 323, 602a, 624a, 624b, and 625n (MCL 257.303, 257.322, 257.323, 257.602a, 257.624a, 257.624b, and 257.625n), sections 303 and 602a as amended by 1996 PA 587, section 323 as amended by 1994 PA 449, section 624a as amended and section 624b as added by 1996 PA 493, and section 625n as added by 1996 PA 491; and to repeal acts and parts of acts.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 624a, 624b, and 625n (MCL 257.624a, 257.624b, and 257.625n), section 624a as amended and section 624b as added by 1996 PA 493 and section 625n as added by 1996 PA 491; 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. 4960, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 219 and 233 (MCL 257.219 and 257.233), section 219 as amended by 1985 PA 67 and section 233 as amended by 1980 PA 398, and by adding section 904c.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," (MCL 257.1 to 257.923) by adding section 904c.

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

House Bill No. 4961, 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 904f.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 320b (MCL 257.320b) and by adding sections 904d, 904e, and 904f.

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

House Bill No. 5122, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625n and 904 (MCL 257.625n and 257.904), section 625n as added by 1996 PA 491 and section 904 as amended by 1994 PA 450.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 904 (MCL 257.904), as amended by 1994 PA 450.

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

House Bill No. 5123, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625n and 904 (MCL 257.625n and 257.904), section 625n as added by 1996 PA 491 and section 904 as amended by 1994 PA 450.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 904 (MCL 257.904), as amended by 1994 PA 450.

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

House Bill No. 5951, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 319b (MCL 257.319 and 257.319b), section 319 as amended by 1996 PA 587 and section 319b as amended by 1996 PA 404.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 8a, 44a, and 319b (MCL 257.8a, 257.44a, and 257.319b), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, and section 319b as amended by 1996 PA 404, and by adding section 23b.

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

House Bill No. 5952, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 321a (MCL 257.321a), as amended by 1998 PA 68, and by adding sections 904d and 904e.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 310d and 321a (MCL 257.310d and 257.321a), section 310d as amended by 1991 PA 99 and section 321a as amended by 1998 PA 68.

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

House Bill No. 5953, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1980 PA 159, and section 479a as amended by 1996 PA 586.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 367c, 382, and 479a (MCL 750.367c, 750.382, and 750.479a), section 367c as added by 1982 PA 63, section 382 as amended by 1998 PA 311, and section 479a as amended by 1996 PA 586.

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

House Bill No. 5954, entitled

A bill to amend 1931 PA 214, entitled "An act to enact a law to define the offense of felonious driving, when committed by the operation of a vehicle and to prescribe penalties therefor," by amending section 2 (MCL 752.192).

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

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

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

House Bill No. 5955, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703).

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

The Senate has passed the bill as substituted 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. 5956, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625, 625i, and 625m (MCL 257.625, 257.625i, and 257.625m), sections 625 and 625m as amended by 1996 PA 491 and section 625i as amended by 1996 PA 493.

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

The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 625i (MCL 257.625i), as amended by 1996 PA 493.

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

Senate Bill No. 776, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 107 (MCL 211.107), as amended by 1982 PA 539.

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. 778, entitled

A bill to authorize municipalities to collect delinquent property taxes and other delinquent assessments and charges by selling the liens related to delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to establish procedures for collecting delinquent taxes and enforcing tax liens; to authorize the imposition of fees, charges, interest, and penalties upon delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to create certain entities or to utilize certain existing entities to facilitate the sale and purchase of liens related to delinquent property taxes and other delinquent assessments and charges; to authorize municipalities to issue certain obligations secured by liens related to delinquent property taxes and other delinquent assessments and charges; to provide for the issuance of, and terms and conditions for, obligations secured by liens related to delinquent property taxes and other delinquent assessments and charges; and to exempt the property, income, bonds, notes, and interest on bonds and notes of certain entities from certain taxes.

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. 1266, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1996 PA 469.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on House Oversight and Ethics from further consideration of House Concurrent Resolution 114.

Rep. McManus

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 113.

Rep. Geiger

Communications from State Officers

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

September 16, 1998

Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six month period ended March 31, 1998.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk.

Introduction of Bills

Rep. Law introduced

House Bill No. 6140, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending sections 2 and 3 (MCL 445.902 and 445.903), section 2 as amended by 1984 PA 91 and section 3 as amended by 1996 PA 226.

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

Rep. Llewellyn introduced

House Bill No. 6141, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

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

Rep. Law introduced

House Bill No. 6142, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 107 (MCL 388.1707), as amended by 1997 PA 142.

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

Rep. Law introduced

House Bill No. 6143, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2132 (MCL 324.2132), as amended by 1998 PA 117.

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

Rep. Law introduced

House Bill No. 6144, entitled

A bill to amend 1964 PA 286, entitled "An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner's advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts," (MCL 247.801 to 247.816) by adding section 807b.

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

Rep. Law introduced

House Bill No. 6145, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 382 (MCL 32.782), as amended by 1992 PA 307.

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

Rep. Law introduced

House Bill No. 6146, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 6, 1701, 1711, and 1751 (MCL 380.4, 380.6, 380.1701, 380.1711, and 380.1751), section 6 as amended by 1995 PA 289, and by adding section 1704.

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

Rep. Law introduced

House Bill No. 6147, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 1997 PA 142.

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

Rep. Law introduced

House Bill No. 6148, entitled

A bill to amend 1972 PA 382, entitled "Traxler-McCauley-Law-Bowman bingo act," by amending section 8 (MCL 432.108), as amended by 1981 PA 229.

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

Rep. Law introduced

House Bill No. 6149, 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.

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

Rep. Law introduced

House Bill No. 6150, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1 and 5 (MCL 722.671 and 722.675).

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

Reps. Jelinek and Hammerstrom introduced

House Bill No. 6151, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.

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

Reps. Jelinek, Hammerstrom and Voorhees introduced

House Bill No. 6152, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as amended by 1998 PA 329.

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

Reps. Jelinek, Hammerstrom and Jellema introduced

House Bill No. 6153, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250.

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

Rep. Frank introduced

House Bill No. 6154, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 174a.

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

Rep. Callahan introduced

House Bill No. 6155, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 721 (MCL 257.721), as amended by 1995 PA 248.

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

Reps. Schermesser, Bogardus, Parks, Wojno, Schauer, Hale and DeHart introduced

House Bill No. 6156, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 612 (MCL 257.612), as amended by 1990 PA 33.

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

Reps. Schermesser, Bogardus, Parks, Wojno, Hale, Schauer and DeHart introduced

House Bill No. 6157, entitled

A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).

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

Reps. Schermesser, Bogardus, Wojno, Hale and DeHart introduced

House Bill No. 6158, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 3, 5, 17, 41, 42, and 43 (MCL 125.2303, 125.2305, 125.2317, 125.2341, 125.2342, and 125.2343), section 43 as added by 1988 PA 337.

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

Reps. DeVuyst, Cropsey, Voorhees, Jansen and Middaugh introduced

House Bill No. 6159, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 618; and to repeal acts and parts of acts.

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

Reps. Kaza, Cropsey, Vaughn, Martinez, Lowe, Anthony, Ciaramitaro, Voorhees and Willard introduced

House Bill No. 6160, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 5 (MCL 125.2005), as amended by 1987 PA 278.

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

Reps. Brater, LaForge, Martinez, Schauer, Ciaramitaro, Anthony, Willard, Basham, DeHart, Bogardus, Parks and Jellema introduced

House Bill No. 6161, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17752 (MCL 333.17752).

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

Reps. Schauer, Parks, Kilpatrick, McBryde, Hale, Schermesser and Godchaux introduced

House Bill No. 6162, entitled

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

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

Reps. Schauer, Parks, Kilpatrick, McBryde, Hale, Schermesser and Godchaux introduced

House Bill No. 6163, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 1997 PA 34.

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

Reps. Basham, Schermesser, Scott, Wojno, Voorhees, Raczkowski, Thomas, Leland and Stallworth introduced

House Bill No. 6164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 1997 PA 80.

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

Reps. Basham, Schermesser, Scranton, Scott, Wojno, Thomas, Leland and Stallworth introduced

House Bill No. 6165, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 724 (MCL 257.724), as amended by 1988 PA 346.

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

Reps. Hale, Murphy, Stallworth, Thomas, Scott, Schroer, Curtis, Leland, Harder, Price, Mathieu, Hanley, Agee and Vaughn introduced

House Bill No. 6166, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17745a (MCL 333.17745a), as added by 1993 PA 305.

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

Rep. Profit introduced

House Bill No. 6167, entitled

A bill to allow for the identification of tax delinquent homestead property; to permit an accelerated quiet title process for tax delinquent homestead property; to require certain procedures of certain local units of government; to provide for the imposition of certain fees; and to provide for the disposition of certain tax delinquent homestead property.

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

Rep. Profit introduced

House Bill No. 6168, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 60 (MCL 211.60), as amended by 1993 PA 291.

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

Reps. Lowe, Freeman, LeTarte, Geiger, Jansen, Birkholz, Voorhees, Goschka, Middaugh, McBryde, DeHart, Bodem, Hammerstrom, McManus, Schauer, Horton, Whyman, Gernaat, Cropsey, Prusi, Dalman, Richner and Raczkowski introduced

House Bill No. 6169, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43537 (MCL 324.43537), as amended by 1996 PA 585.

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

Rep. Gubow introduced

House Bill No. 6170, entitled

A bill to prohibit certain conduct of certain state and local officers; and to prescribe the powers and duties of certain state and local officers.

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

Rep. Gubow introduced

House Bill No. 6171, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

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

Rep. Wojno introduced

House Bill No. 6172, entitled

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

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

Reps. Sanborn, Raczkowski, Jansen, Cropsey, Nye, Lowe, Rocca, Llewellyn, McBryde, Walberg, Kukuk, Gernaat, Green, Perricone, Goschka and Voorhees introduced

House Joint Resolution HH, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for the death penalty in certain circumstances.

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

______

Rep. Kukuk moved that the House adjourn.

The motion prevailed, the time being 6:15 p.m.

The Speaker declared the House adjourned until Wednesday, September 23, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives. by striking out the balance of the sentence and inserting "THOSE CULTURAL AND RECREATIONAL PROGRAMS AND FACILITIES THAT ARE NOT PRIMARILY DESIGNED OR USED FOR PROFESSIONAL SPORTS.".

5. Amend page 8, line 1, after "FUND" by striking out the balance of the sentence and inserting "ONLY CULTURAL AND RECREATIONAL PROGRAMS AND FACILITIES THAT ARE NOT PRIMARILY DESIGNED OR USED FOR PROFESSIONAL SPORTS.".

6. Amend page 9, line 9, after "to" by striking out the balance of the line through "council" on line 10 and inserting "A COUNCIL ESTABLISHED BY ENTITIES DESCRIBED IN SECTION 5(1)(A)".

7. Amend page 11, line 23, after "TIES" by inserting a comma and "OTHER THAN FACILITIES THAT ARE PRIMARILY DESIGNED OR USED FOR PROFESSIONAL SPORTS,".

8. Amend page 14, line 25, after "unit" by inserting "IN A COUNCIL ESTABLISHED BY THE ENTITIES DESCRIBED IN SECTION 5(1)(A)".

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

Favorable Roll Call

SB 1136 To Report Out:

Yeas: Reps. Profit, Agee, Gubow, Hanley, Palamara, Wallace, Wetters, Perricone, Brackenridge,

Nays: Reps. Quarles, Freeman, Cassis, Dobb, Goschka, Middleton, Whyman.

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, September 16, 1998, at 9:00 a.m.,

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

Absent: Rep. Wojno,

Excused: Rep. Wojno.

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

House Bill No. 5890, entitled

A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5890 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Fitzgerald, Voorhees,

Nays: None.

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

House Bill No. 5891, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," (MCL 408.751 to 408.776) by adding section 7c.

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 5891 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Scott, Fitzgerald, Voorhees,

Nays: None.

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

House Bill No. 6033, entitled

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

With the recommendation that the substitute (H-3) 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 6033 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Scott, Fitzgerald, Voorhees,

Nays: None.

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

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1030 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Scott, Vaughn, Fitzgerald, Voorhees,

Nays: None

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

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1148 To Report Out:

Yeas: Reps. Varga, Anthony, Leland, Profit, Quarles, Scott, Vaughn, Fitzgerald, Richner, Scranton,

Nays: Rep. Voorhees.

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, September 17, 1998, at 8:30 a.m.,

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

Absent: Reps. Olshove, Rocca,

Excused: Reps. Olshove, Rocca.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 1998, at 3:40 p.m.,

Present: Reps. Olshove, Thomas, Alley, Baade, Dobronski, Freeman, Griffin, Gubow, Hanley, Leland, Murphy, Profit, Wetters, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 17, 1998, at 9:30 a.m.,

Present: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, LeTarte,

Absent: Rep. Jelinek,

Excused: Rep. Jelinek.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, September 15:

Senate Bill Nos. 1263 1264 1265 1266

The Clerk announced that the following Senate bills had been received on Thursday, September 17:

Senate Bill Nos. 235 776 778 869 1049 1095

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5596, entitled

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

(For text of conference report, see House Journal No. 70, p. 2000.)

The Senate has adopted the report of the Committee of Conference.

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

Senate Bill No. 235, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16350 and part 189.

The Senate has passed the bill.

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

Senate Bill No. 869, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 1049, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding subpart VI to part 487.

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. 1095, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 223a.

The Senate has passed the bill.

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

______

Rep. Palamara moved that Rep. Profit be excused from the balance of today's session.

The motion prevailed.

Rep. Palamara asked and obtained an excuse from the balance of today's session.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Labor and Occupational Safety from further consideration of House Bill No. 4801.

Rep. Anthony

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 Senate Bill No. 1079.

Rep. Perricone

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 Senate Bill No. 1080.

Rep. Cassis

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 Senate Bill No. 1081.

Rep. Goschka

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 Senate Bill No. 1082.

Rep. Whyman

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 Senate Bill No. 1083.

Rep. Brackenridge

______

Rep. Ciaramitaro moved that the House adjourn.

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

The Speaker declared the House adjourned until Tuesday, September 22, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives. ommunity mental health service program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

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

(e) "Department" or "MDCH" means the Michigan department o

No. 72

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature