hj05129t.042

No. 42

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, May 12, 1999.

2:00 p.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--excused

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--excused

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Doug Hart, from the 73rd District, offered the following invocation:

"Dear Jesus, I pray that You will fill every member in this room for the duration of today with a gentle spirit. Give us wisdom and give us humility. Thank You for Your mercy and grace. You are a good God. In Jesus' name. Amen."

______

Rep. DeWeese moved that Reps. Kuipers and Birkholz be excused from today's session.

The motion prevailed.

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

Second Reading of Bills

House Bill No. 4132, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115o.

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

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

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

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

House Bill No. 4580, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4i (MCL 117.4i), as amended by 1996 PA 179.

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

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

Rep. Faunce 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. Raczkowski 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. 4580, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4i (MCL 117.4i), as amended by 1996 PA 179.

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

Roll Call No. 320 Yeas--100

Allen Frank Kowall Richardville

Baird Garcia Kukuk Richner

Basham Garza LaForge Rison

Bisbee Geiger LaSata Rivet

Bishop Gieleghem Law Rocca

Bogardus Gilbert Lemmons Sanborn

Bovin Godchaux Lockwood Schauer

Bradstreet Gosselin Mans Schermesser

Brater Hager Martinez Scranton

Brewer Hale Mead Shackleton

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Thomas

Clarke, H. Jansen Perricone Toy

DeHart Jelinek Pestka Van Woerkom

Dennis Jellema Price Vander Roest

DeRossett Johnson, Rick Prusi Vear

DeVuyst Johnson, Ruth Pumford Voorhees

DeWeese Julian Quarles Wojno

Ehardt Kilpatrick Raczkowski Woodward

Faunce Koetje Reeves Woronchak

Nays--4

Daniels Scott Stallworth Vaughn

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Byl, Caul, DeHart, DeRossett, Gosselin, Jamnick, Jansen, Jellema, Kukuk, LaSata, Law, Lockwood, Pappageorge, Pestka, Raczkowski, Richner, Rocca, Schermesser, Shulman, Van Woerkom, Voorhees and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4581, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24 (MCL 78.24), as amended by 1994 PA 15.

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

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

Rep. O'Neil 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. Raczkowski 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. 4581, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24 (MCL 78.24), as amended by 1994 PA 15.

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

Roll Call No. 321 Yeas--106

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Garza LaSata Rocca

Bisbee Geiger Law Sanborn

Bishop Gieleghem Lemmons Schauer

Bogardus Gilbert Lockwood Schermesser

Bovin Godchaux Mans Scott

Bradstreet Gosselin Martinez Scranton

Brater Hager Mead Shackleton

Brewer Hale Middaugh Sheltrown

Brown, B. Hanley Minore Shulman

Brown, C. Hansen Mortimer Spade

Byl Hardman Neumann Stallworth

Callahan Hart O'Neil Stamas

Cassis Howell Pappageorge Switalski

Caul Jacobs Patterson Tabor

Cherry Jamnick Perricone Tesanovich

Clark, I. Jansen Pestka Thomas

Clarke, H. Jelinek Price Toy

Daniels Jellema Prusi Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce Kowall

Nays--1

Vaughn

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Basham, Bovin, Cameron Brown, Callahan, DeHart, Dennis, DeRossett, DeWeese, Garza, Hager, Hardman, Jamnick, Jansen, Koetje, Kowall, Kukuk, LaSata, Law, Lockwood, Mans, Raczkowski, Sanborn, Schermesser, Shackleton, Toy, Van Woerkom, Woodward and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4583, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.

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

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

Rep. Julian 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. Raczkowski 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. 4583, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.

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

Roll Call No. 322 Yeas--101

Allen Garcia Kukuk Richner

Baird Garza LaForge Rivet

Basham Geiger LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Bovin Gosselin Mans Scott

Bradstreet Hager Martinez Scranton

Brater Hale Mead Shackleton

Brewer Hanley Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Byl Hart Neumann Stallworth

Callahan Howell O'Neil Stamas

Cassis Jacobs Pappageorge Switalski

Caul Jamnick Patterson Tabor

Cherry Jansen Perricone Tesanovich

Clark, I. Jelinek Pestka Thomas

Clarke, H. Jellema Price Toy

Daniels Johnson, Rick Prusi Van Woerkom

DeHart Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeWeese Kelly Raczkowski Wojno

Ehardt Koetje Reeves Woodward

Faunce Kowall Richardville Woronchak

Frank

Nays--1

Vaughn

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Callahan, DeRossett, Gosselin, Jamnick, Koetje, Kowall, Kukuk, Law, Raczkowski, Richner, Rocca, Sanborn, Schermesser, Shulman, Tabor, Van Woerkom, Voorhees, Woodward and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4584, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34.

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

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

Rep. Howell 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. Raczkowski 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. 4584, entitled

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

Roll Call No. 323 Yeas--101

Allen Frank Kukuk Rison

Baird Garcia LaSata Rivet

Basham Garza Law Rocca

Bisbee Geiger Lemmons Sanborn

Bishop Gieleghem Lockwood Schauer

Bogardus Gilbert Mans Schermesser

Bovin Godchaux Martinez Scott

Bradstreet Hager Mead Scranton

Brater Hale Middaugh Shackleton

Brewer Hanley Minore Sheltrown

Brown, B. Hansen Mortimer Shulman

Brown, C. Hardman Neumann Spade

Callahan Hart O'Neil Stamas

Cassis Howell Pappageorge Switalski

Caul Jacobs Patterson Tabor

Cherry Jamnick Perricone Tesanovich

Clark, I. Jansen Pestka Thomas

Clarke, H. Jelinek Price Toy

Daniels Jellema Prusi Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce

Nays--1

Vaughn

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Basham, Cameron Brown, Callahan, DeHart, Gilbert, Gosselin, Jamnick, Kowall, Kukuk, LaSata, Law, Pappageorge, Raczkowski, Sanborn, Schermesser, Shackleton, Shulman, Toy, Van Woerkom, Voorhees, Woodward and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4585, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1998 PA 353.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Law and Corrections (for amendments, see House Journal No. 38, p. 729),

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 6, line 19, by striking out all of line 19 through line 2 on page 7 and inserting:

"(a) Senate Bill No. 556.

(b) Senate Bill No. 557.

(d) Senate Bill No. 559.

(e) Senate Bill No. 560.".

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

Rep. Jacobs 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. Raczkowski 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. 4585, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1998 PA 353.

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

Roll Call No. 324 Yeas--105

Allen Frank Kukuk Rivet

Baird Garcia LaForge Rocca

Basham Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gieleghem Lemmons Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Godchaux Mans Scranton

Bradstreet Gosselin Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

Dennis Julian Raczkowski Vear

DeRossett Kelly Reeves Voorhees

DeVuyst Kilpatrick Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Basham, Bogardus, Bovin, Callahan, Daniels, DeHart, Dennis, DeRossett, Gosselin, Hansen, Jamnick, Jansen, Jelinek, Kowall, LaSata, Law, Lockwood, Minore, Mortimer, Quarles, Raczkowski, Richner, Rocca, Shulman, Toy, Van Woerkom, Wojno and Woodward were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4605, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

The bill was read a second time.

Rep. Garcia 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. Raczkowski 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. 4605, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4241, 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, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, and 1311l.

(The bill was received from the Senate on May 11, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 41, p. 793.)

The question being on concurring in the adoption of the substitute (S-3) made to the bill by the Senate,

Rep. Clark moved to amend the Senate substitute (S-3) as follows:

1. Amend page 3, line 24, after "A" by striking out "2/3".

2. Amend page 3, line 25, after "board" by striking out the balance of the sentence and inserting a period.

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

Rep. Clark demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 325 Yeas--51

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet

Nays--54

Allen Geiger Kowall Rocca

Bisbee Gilbert Kukuk Sanborn

Bishop Godchaux LaSata Scranton

Bradstreet Gosselin Mead Shackleton

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

Garcia Koetje

In The Chair: Patterson

______

Rep. DeWeese moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

Rep. Gieleghem moved to amend the Senate substitute (S-3) as follows:

1. Amend page 12, line 7, after "(2)," by striking out the balance of the sentence and inserting "THE EXPELLING SCHOOL BOARD SHALL PLACE THE INDIVIDUAL IN A SUITABLE ALTERNATIVE EDUCATION PROGRAM OR IN A STRICT DISCIPLINE ACADEMY TO CONTINUE HIS OR HER EDUCATION DURING THE EXPULSION.".

2. Amend page 12, line 15, after "DISTRICTS" by striking out the balance of the sentence and inserting a period.

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 326 Yeas--50

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Hardman Prusi Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge

Nays--53

Allen Gilbert Kowall Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Hager Mead Shackleton

Brown, C. Hart Middaugh Shulman

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Perricone Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vear

Faunce Julian Richardville Voorhees

Garcia Koetje Richner Woronchak

Geiger

In The Chair: Patterson

Rep. Frank moved to amend the Senate substitute (S-3) as follows:

1. Amend page 4, following line 11, by inserting:

"SEC. 1280B. IN ORDER TO REDUCE CLASS SIZE IN GRADES K TO 3 STATEWIDE TO A RATIO OF NOT MORE THAN 17 PUPILS FOR EACH TEACHER, THE LEGISLATURE SHALL APPROPRIATE TO THE SCHOOL DISTRICTS OF THIS STATE AN AMOUNT SUFFICIENT TO HIRE 5,000 NEW TEACHERS STATEWIDE FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS THEREAFTER.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

______

Point of Order

Rep. Raczkowski requested a ruling from the Chair as to whether the amendment is germane to the bill.

The Chair ruled that the amendment is not germane. The amendment seeks to make an appropriation in a non-appropriation bill.

Rep. Pestka moved to amend the Senate substitute (S-3) as follows:

1. Amend page 5, line 1, after "grounds," by striking out "or".

2. Amend page 5, line 2, after "grounds," by inserting "OR, IF THE PUPIL IS ENROLLED IN GRADE 6 OR ABOVE, MAKES A BOMB THREAT OR SIMILAR THREAT DIRECTED AT A SCHOOL BUILDING, OTHER SCHOOL PROPERTY, OR A SCHOOL-RELATED EVENT, THEN".

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

Rep. Pestka demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 327 Yeas--49

Baird Frank Lockwood Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Sheltrown

Brater Hanley O'Neil Spade

Brewer Hardman Pestka Stallworth

Brown, B. Jacobs Price Switalski

Callahan Jamnick Prusi Tesanovich

Cherry Kelly Quarles Thomas

Clark, I. Kilpatrick Reeves Vaughn

Daniels LaForge Rison Wojno

DeHart Lemmons Rivet Woodward

Dennis

Nays--53

Allen Geiger Kowall Rocca

Bisbee Gilbert Kukuk Sanborn

Bishop Godchaux LaSata Scranton

Bradstreet Gosselin Mead Shackleton

Brown, C. Hansen Middaugh Shulman

Byl Hart Mortimer Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woronchak

Garcia

In The Chair: Patterson

Rep. Lemmons moved to amend the Senate substitute (S-3) as follows:

1. Amend page 3, line 24, after "by" by striking out "AT LEAST A 2/3 MAJORITY" and inserting "A UNANIMOUS".

2. Amend page 3, line 25, after "board" by striking out the comma and inserting a period and "HOWEVER, IF A MAJORITY OF THE SCHOOL ELECTORS OF THE QUALIFYING SCHOOL DISTRICT VOTING ON THE QUESTION AT A SPECIAL ELECTION CALLED FOR THAT PURPOSE APPROVE, THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER MAY BE MADE BY AT LEAST A 2/3 MAJORITY VOTE OF THE SCHOOL REFORM BOARD".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 328 Yeas--45

Baird Dennis LaForge Reeves

Basham Garza Lemmons Rivet

Bogardus Gieleghem Lockwood Schermesser

Bovin Hale Martinez Scott

Brater Hanley Minore Sheltrown

Brewer Hansen Neumann Spade

Brown, B. Hardman O'Neil Switalski

Cherry Jacobs Pestka Tesanovich

Clark, I. Jamnick Price Vaughn

Clarke, H. Kelly Prusi Wojno

Daniels Kilpatrick Quarles Woodward

DeHart

Nays--55

Allen Geiger Kowall Sanborn

Bisbee Gilbert Kukuk Schauer

Bishop Godchaux LaSata Scranton

Bradstreet Gosselin Mead Shackleton

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

Garcia Koetje Rocca

In The Chair: Patterson

The question being on concurring in the adoption of the substitute (S-3) made to the bill by the Senate,

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

Roll Call No. 329 Yeas--72

Allen Geiger Law Sanborn

Bisbee Gieleghem Lockwood Schermesser

Bishop Gilbert Mead Shackleton

Bogardus Gosselin Middaugh Sheltrown

Bradstreet Hager Minore Shulman

Brown, B. Hart Mortimer Spade

Brown, C. Howell Neumann Stallworth

Byl Jamnick O'Neil Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Thomas

DeHart Jellema Pestka Toy

DeRossett Johnson, Rick Pumford Van Woerkom

DeVuyst Johnson, Ruth Quarles Vander Roest

DeWeese Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kowall Richner Wojno

Frank Kukuk Rivet Woodward

Garcia LaSata Rocca Woronchak

Nays--31

Baird Clarke, H. Hardman Prusi

Basham Daniels Jacobs Reeves

Bovin Dennis Kelly Schauer

Brater Garza Kilpatrick Scott

Brewer Godchaux LaForge Switalski

Callahan Hale Lemmons Tesanovich

Cherry Hanley Martinez Vaughn

Clark, I. Hansen Price

In The Chair: Patterson

The House agreed to the title as amended.

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

______

Rep. Reeves, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no because of the tie barred portion of the bill which micro manages the Detroit School Reform Board. I view this as a continued assault on local control."

Rep. Martinez, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I am voting against this bill because it forces school districts to expel violating students with no requirement for disciplinary education.

The bill also creates new educational entities called 'strict discipline public school academies.' This statute sets the precedent of creating the state's first selective enrollment public schools.

This bill endangers our communities by releasing potentially violent youth from education and onto the streets. Our local school boards should be able to establish their own discipline policies and procedures."

Rep. Cherry, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I am explaining my no vote because I originally voted for this bill and I continue to support the main content of this bill. However, the Senate placed an amendment on this bill to give the Governor veto power on actions taken by the Detroit School Reform Board. The Board should be able to operate by a simple majority, just like any other local board. This bill is 'power politics' at its worst and should not be passed into law."

Rep. Clark, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I Rep. Irma Clark voted No on H.B. 4241 because it was tie barred to Detroit Reform Board legislation. I support the School Violence Legislation but was totally insulted by neglecting the local control issue of the school bill and the

micro-managing of the school district."

Rep. Jacobs, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I feel that the Legislature has again been pulled into the micromanagement of the Detroit School Board. We can't set a precedent of changing laws to solve the internal problems of a board, one that was created and agreed upon the majority of this body. I am also concerned that the Governor, by way of this legislation would have veto control of the board. I am also concerned that SDPSA would not be mandated, therefore allowing expelled students to roam free on our streets if their parents did not take the initiative to enroll them in school."

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

"Mr. Speaker and members of the House:

HB 4241 (S-3) as returned from the Senate gave all authority to the Governor with veto power over the board. That is unacceptable."

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

"Mr. Speaker and members of the House:

Well folks, here we go again! I'm voting No on this trick of a bill because the clause that changes the--I believe--illegal takeover of the Detroit Public Schools is a classic case of changing the game in the middle of the stream. The one person on the reform board, yes the 1 community person on the reform board is opposed to the selection of the Mayor and the Governor. In order to subvert the law--simply change it!

They need this bill by the time the DE(Reform) board meets at 5 p.m. today. The bill has already been printed and enrolled and it hasn't even passed the House. It will though and that's why I'm voting NO.

I'm voting NO because I believe in the principals so many of you give lip service to.

I believe in Freedom, Justice, Equality, Liberty, Fraternity, and local control of our public school system.

The section of this bill that relates to the Detroit Public Schools is flat out wrong. You're changing a law you passed yourself because the results you expected did not materialize. All you're doing is causing more unrest in Michigan's largest city.

The next colleague that claim he or she believe in basic liberty and local control should start asking for forgiveness for lying.

I agree with Benjamin Franklin when he said, 'Those who give up essential liberty to obtain a little temporary safety (and I may add convenience) deserve neither liberty or safety.'

Remember what goes around come around. Today you're eager to take away the rights of Detroit citizens. Tomorrow someone will do the same thing to you.

The chickens always come home to roosT!

Thank you Mr. Speaker."

Rep. Dennis, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

HB 4241 was suppose to be about addressing the issue of public school violence and providing alternative education opportunities for violent students. Instead, it does not require an alternative setting for these students and quite honestly will release these students into our communities. Secondly, this legislation turned into a micromanagement bill for the Detroit Public Schools, giving the Governor absolute authority of veto power for decisions made by the board. Obviously, the legislature, here, is subverting its original intent to give the restructuring power of the school to the Mayor of Detroit."

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

"Mr. Speaker and members of the House:

On 2-17-99 I voted for this bill because it provides for safer schools for our children. Today the bill returned to this House from the Senate with an amendment tacked on which changes the rules by which the Detroit Reform Board chooses its Superintendent from a unanimous vote to a 2/3 vote, and also extends veto power to the Governor's representative.

The Legislature abolished the popularly elected Detroit School Board because it didn't like the way it ran the schools. It created a Reform Board to replace it. Now because it does not like the way it is going about choosing its Superintendent, it is changing the rules again. Instead of a consensus Board, the dissenters will be overridden and the Governor's representative will have a veto. Under current law the Mayor or Governor could already have purged their respective appointees.

I opposed the original School Reform Board Bill because it violated voter's rights to govern themselves. These amendments today poisoned a good bill and took this legislature further down the road of ruining locally elected governing institutions."

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

"Mr. Speaker and members of the House:

I voted 'no' on the revised Senate version of House Bill No. 4241, not that I was opposed to the original purpose of this bill. In fact, it's part of a package of legislation to deal with school violence, and I think that's a commendable purpose. This Senate substitute, however, was crafted to further meddle with Detroit Public School's board of education and its ability to select its superintendent of schools. My objection is twofold: one, a two-thirds supermajority is required to select a superintendent, and two, if this supermajority does not include the affirmative vote of the Governor's appointee--the state superintendent of public instruction--the vote of the school board shall be deemed invalid.

Local school boards should be allowed to make local decisions, without extraordinary requirements and without the veto of any one of its members--especially when that person is a non-local appointee of the Governor. To legislate otherwise is bad public policy, sets a dangerous precedent, and undermines local control."

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Bishop, Vander Roest, Mead, Pumford, Ruth Johnson, Cameron Brown, LaSata, Faunce, Shulman, Kowall, Garcia, Mortimer, Voorhees, Gosselin, Bisbee, Bradstreet, Tabor, Julian, Gilbert, Birkholz, Cassis and Raczkowski offered the following resolution:

House Resolution No. 96.

A resolution honoring the Bordine Nursery upon the occasion of their 60th anniversary.

Whereas, It is with deep appreciation of the significance of this milestone that we commend the management and staff of Bordine Nursery as they mark the 60th anniversary of the founding of this exemplary business. We are proud to recognize the important role that this enterprise has played in contributing to both the economic well-being of the area and the lives of countless citizens; and

Whereas, Since its founding in Rochester Hills, Bordine Nursery has become a vital element in helping Michigan grow and adapt to needs in commerce and all aspects of life in the community. Their success in maintaining competitiveness during an era of many challenges is the direct result of the commitment of the people of this company, and their ability to work together to offer the best in products and services over the years. Even as our cyclical Michigan economy has presented obstacles to growth and stability, Bordine Nursery has sustained itself through dedication and innovation; and

Whereas, In looking back over 60 years of Bordine Nursery's history, it is clear that this business has set its course with a continuing look to the future. While the changes of the marketplace dictate many of the decisions for any good company, Bordine Nursery has also demonstrated the importance of looking beyond the balance sheet alone to include the ideas of its people, and the role of the company in community life, in making choices. We are grateful for all that the Bordine family and the Bordine Nursery has contributed to Rochester Hills and all of Michigan; now, therefore, be it

Resolved by the House of Representatives, That this resolution be dedicated to commemorate the 60th anniversary of Bordine Nursery. We salute them on this happy occasion and wish them well in the years to come; and be it further

Resolved, That a copy of this resolution be transmitted to Bordine Nursery as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reps. Brater, Baird, Hansen, Callahan, Scott, Kelly, DeHart, DeRossett, Ehardt, Lemmons, Schauer, Price, Cherry, LaForge, Bovin, Sheltrown, Quarles, Voorhees, Jamnick, DeWeese, Spade, Schermesser, Prusi, Hale, Jacobs, Woodward, Martinez, Clarke, Thomas, Vaughn, Bogardus and Gosselin offered the following resolution:

House Resolution No. 97.

A resolution honoring Samuel L. Davis on his retirement.

Whereas, With his retirement from his responsibilities as Executive Director for the Michigan Association for Children with Emotional Disorders (MACED), Samuel L. Davis is bringing to a close an outstanding career of almost forty years of advocacy and leadership on behalf of children and their families. His family, friends, and colleagues will gather to honor him on Thursday, May 20, 1999; and

Whereas, Sam Davis came to MACED in 1960, and over the years has helped thousands of Michigan children and their families receive vital assistance in accessing appropriate mental health and special education services. Sam Davis doggedly pursued every case. He offered real help to desperate families who felt they had run out of options. He helped change lives. Under Sam Davis' leadership, MACED was on the front lines of the legislative battles of the day. He helped to create school special education programs and specialized treatment centers for youth, and more recently, helped lead the fight to preserve funding for a continuum of care for children with emotional disorders; and

Whereas, Sam Davis has been appointed to many posts on the county and state levels, and proven to be such a strong advocate on behalf of children, that he has earned the respect and admiration of his peers and countless parents and other citizens across Michigan; and

Whereas, Sam Davis will continue his work with MACED by volunteering his time for clinical support, and he plans to spend more time with his wife, Oakland County Probate Judge Sandra Silver Davis, his daughter Erica, and his grandchildren; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Samuel L. Davis as he retires as Executive Director of the Michigan Association for Children with Emotional Disorders. May he know of our admiration and warmest wishes; and be it further

Resolved, That a copy of this resolution be transmitted to Samuel L. Davis as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

Reports of Standing Committees

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4536, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 230a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4536 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Lemmons,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4543, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234d, 234e, 234f, 235, and 237 (MCL 750.233, 750.234d, 750.234e, 750.234f, 750.235, and 750.237), section 234d as amended by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80.

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 4543 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Lemmons,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4641, entitled

A bill to amend 1970 PA 202, entitled "Explosives act of 1970," by amending sections 5 and 15 (MCL 29.45 and 29.55).

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 4641 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Lemmons,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4642, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 528a (MCL 750.528a), as added by 1986 PA 113.

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 4642 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4643, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 209a and 212a (MCL 750.209a and 750.212a), as added by 1998 PA 206.

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 4643 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Lemmons,

Nays: None.

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4647, 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 sections 2 and 6 (MCL 28.422 and 28.426), as amended by 1994 PA 338.

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 4647 To Report Out:

Yeas: Reps. Bradstreet, Vaughn, Brater, Garza, Lemmons,

Nays: Reps. Bishop, Patterson, Rocca.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Tuesday, May 11, 1999, at 9:30 a.m.,

Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza, Lemmons.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4413, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 219e and 219f.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4413 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4598, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 219f.

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 4598 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4644, entitled

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

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

1. Amend page 7, line 1, after "HAVING" by striking out "A COURIER" and inserting "AN INDEPENDENT COURIER SERVICE".

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

Favorable Roll Call

HB 4644 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4645, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending sections 2 and 3 (MCL 445.112 and 445.113).

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

1. Amend page 1, line 7, after "HAVING" by striking out "A COURIER" and inserting "AN INDEPENDENT COURIER SERVICE".

2. Amend page 3, line 18, after "HAVING" by striking out "A COURIER" and inserting "AN INDEPENDENT COURIER SERVICE".

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

Favorable Roll Call

HB 4645 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, May 12, 1999, at 9:00 a.m.,

Present: Reps. Sanborn, Bisbee, Bishop, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Absent: Rep. DeVuyst,

Excused: Rep. DeVuyst.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, May 12, 1999, at 10:30 a.m.,

Present: Reps. Middaugh, Bradstreet, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward,

Absent: Reps. Birkholz, Kuipers,

Excused: Reps. Birkholz, Kuipers.

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, May 12:

House Bill Nos. 4658 4659 4666

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 7:

Senate Bill Nos. 563 564 565 573 574

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 10:

Senate Bill Nos. 575 576 577 578 579 580 581 582 583 584 585 586 587

The Clerk announced that the following Senate bills had been received on Wednesday, May 12:

Senate Bill Nos. 183 206 211 218 246 422 466 467 525 528 544 545 562 573

Introduction of Bills

Reps. Kowall, Pumford, Bishop, Sanborn and Faunce introduced

House Bill No. 4669, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 25a and 25b (MCL 764.25a and 764.25b), section 25a as amended by 1983 PA 92 and section 25b as amended by 1996 PA 418.

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

Reps. Thomas, Bob Brown, Sanborn and Ehardt introduced

House Bill No. 4670, entitled

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4403, entitled

A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending section 5 (MCL 801.265).

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

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

House Bill No. 4019, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7216 (MCL 333.7216).

The Senate has amended the bill as follows:

1. Amend page 5, following line 11, by inserting:

"Enacting section 1. This amendatory act takes effect August 15, 1999.".

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

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

House Bill No. 4020, entitled

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

The Senate has amended the bill as follows:

1. Amend page 3, following line 2, by inserting:

"Enacting section 1. This amendatory act takes effect August 1, 1999.".

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

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

House Bill No. 4191, entitled

A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 2 (MCL 397.602), as amended by 1998 PA 7, and by adding section 6.

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

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and 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. 4240, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 1307, 1308, and 1311a.

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

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding sections 1308, 1310, and 1310a.

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

House Bill No. 4345, entitled

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

The Senate has amended the bill as follows:

1. Amend page 2, line 10, after "FOR" by inserting "CERTAIN".

2. Amend page 2, line 11, after "CRIMES" by striking out the balance of the line through "OFFENSE" on line 12.

3. Amend page 2, line 13, after "FOR" by inserting "CERTAIN".

4. Amend page 2, line 14, after "CRIMES" by striking out the balance of the line and inserting "OR".

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

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

Senate Bill No. 183, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1309.