hj03080t.021

No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Wednesday, March 8, 2000.

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--present

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--e/d/s

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

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--excused

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. William Byl, from the 75th District, offered the following invocation:

"From Isaiah 58, verses 6 through 10:

This is the kind of fasting that I have chosen: to loose the chains of injustice and untie the cords of the yoke, to set the oppressed free and break every yoke? Is it not to share your food with the hungry and to provide the poor wanderer with shelter--when you see the naked, to clothe him, and not to turn away from Your own flesh and blood? Then Your light will break forth like the dawn, and Your healing will quickly appear; then Your righteousness will go before You, and the glory of the Lord will be your rear guide. Then you will call, and the Lord will answer; you will cry for help, and He will say: Here am I. You will be like a well watered garden, like a spring whose waters never fail. Your people will rebuild the ancient ruins and will raise up the age-old foundations; You will be called Repairer of Broken Walls, then you will find your joy in the Lord, and I will cause you to ride on the heights of the land and to feast on the inheritance of your father Jacob. The mouth of the Lord has spoken.

And, for a fitting benediction from Psalm 19, verse 14, 'may the words of our mouths and the meditations of our hearts be acceptable in Your sight, O Lord, our Rock and our Redeemer.' Amen."

Second Reading of Bills

Senate Bill No. 1038, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30e.

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. 20, p. 319),

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

Rep. Raczkowski 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

Senate Bill No. 1038, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30e.

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

Roll Call No. 95 Yeas--108

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia Kukuk Rivet

Birkholz Garza LaForge Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gieleghem Law Schauer

Bogardus Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scott

Bradstreet Gosselin Mans Scranton

Brater Green Martinez Shackleton

Brewer Hager Mead Sheltrown

Brown, B. Hale Middaugh Shulman

Brown, C. Hanley Minore Spade

Byl Hansen Mortimer Stallworth

Callahan Hardman Neumann Stamas

Cassis Hart O'Neil Switalski

Caul Howell Pappageorge Tabor

Cherry Jacobs Patterson Thomas

Clark, I. Jamnick Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Nays--0

In The Chair: Patterson

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

"An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Jansen entered the House Chambers.

Second Reading of Bills

House Bill No. 5164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1999 PA 118.

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

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

Rep. Thomas moved to amend the bill as follows:

1. Amend page 8, following line 19, by inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:

(a) House Bill No. 4919.

(b) House Bill No. 4926.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 96 Yeas--44

Baird Garza LaForge Schauer

Bogardus Gieleghem Lemmons Schermesser

Brater Hager Lockwood Scott

Brewer Hale Martinez Stallworth

Callahan Hanley Minore Switalski

Cherry Hansen O'Neil Thomas

Clark, I. Hardman Pestka Van Woerkom

Clarke, H. Jacobs Price Vaughn

Daniels Jamnick Quarles Wojno

Dennis Kelly Reeves Woodward

Faunce Kilpatrick Rison Woronchak

Nays--63

Allen Ehardt Koetje Richardville

Basham Frank Kowall Richner

Birkholz Garcia Kuipers Rocca

Bisbee Geiger Kukuk Sanborn

Bishop Gilbert LaSata Scranton

Bovin Godchaux Law Shackleton

Bradstreet Gosselin Mans Sheltrown

Brown, B. Green Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Mortimer Stamas

Cassis Jansen Neumann Tabor

Caul Jelinek Pappageorge Toy

DeHart Jellema Patterson Vander Roest

DeRossett Johnson, Rick Perricone Vear

DeVuyst Johnson, Ruth Pumford Voorhees

DeWeese Julian Raczkowski

In The Chair: Patterson

Rep. Caul 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. 5164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1999 PA 118.

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

Roll Call No. 97 Yeas--107

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Mans Shackleton

Brewer Hager Martinez Sheltrown

Brown, B. Hale Mead Shulman

Brown, C. Hanley Middaugh Spade

Byl Hansen Mortimer Stallworth

Callahan Hardman Neumann Stamas

Cassis Hart O'Neil Switalski

Caul Howell Pappageorge Tabor

Cherry Jacobs Patterson Toy

Clark, I. Jamnick Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Price Vaughn

DeHart Jellema Prusi Vear

Dennis Johnson, Rick Pumford Voorhees

DeRossett Johnson, Ruth Quarles Wojno

DeVuyst Julian Raczkowski Woodward

DeWeese Kelly Reeves Woronchak

Ehardt Kilpatrick Richardville

Nays--0

In The Chair: Patterson

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1999 PA 267.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Allen, Basham, Birkholz, Bisbee, Bishop, Bovin, Bradstreet, Bob Brown, Cameron Brown, Cassis, Clarke, Daniels, DeHart, DeRossett, DeWeese, Faunce, Garza, Gosselin, Hager, Jacobs, Jelinek, Rick Johnson, Julian, Koetje, Kowall, Kukuk, LaSata, Law, Lemmons, Lockwood, Mans, O'Neil, Patterson, Prusi, Raczkowski, Rocca, Sanborn, Schauer, Scranton, Sheltrown, Shulman, Tabor, Van Woerkom, Vander Roest, Vaughn, Voorhees, Wojno and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 766, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1104 (MCL 380.1104), as amended by 1995 PA 289.

The bill was read a second time.

Rep. Raczkowski 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

Senate Bill No. 766, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1104 (MCL 380.1104), as amended by 1995 PA 289.

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

Roll Call No. 98 Yeas--109

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaForge Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Law Schauer

Bogardus Godchaux Lemmons Schermesser

Bovin Gosselin Lockwood Scott

Bradstreet Green Mans Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce

Nays--0

In The Chair: Patterson

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

"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,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1036, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as added by 1997 PA 81.

The bill was read a second time.

Rep. O'Neil moved to amend the bill as follows:

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

"Enacting section 1. It is the intent of the legislature that the enactment of this amendatory act shall not reduce the amount that would have been available for deposit into the school aid fund under section 51 of the income tax act of 1967, 1967 PA 281, MCL 206.51, if this amendatory act had not been enacted.".

The question being on the adoption of the amendment offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. O'Neil,

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

Roll Call No. 99 Yeas--87

Allen Garcia LaSata Rison

Baird Garza Law Rivet

Basham Gieleghem Lemmons Rocca

Birkholz Gilbert Lockwood Sanborn

Bisbee Godchaux Mans Schauer

Bogardus Green Martinez Schermesser

Bovin Hager Mead Scott

Brater Hale Middaugh Scranton

Brewer Hanley Minore Shackleton

Brown, B. Hansen Neumann Sheltrown

Brown, C. Hardman O'Neil Spade

Callahan Howell Pappageorge Stallworth

Cassis Jacobs Patterson Stamas

Caul Jamnick Pestka Switalski

Cherry Jelinek Price Thomas

Clark, I. Jellema Prusi Van Woerkom

Clarke, H. Johnson, Ruth Pumford Vander Roest

Daniels Julian Quarles Vaughn

DeHart Kelly Raczkowski Wojno

Dennis Kilpatrick Reeves Woodward

Faunce Kowall Richardville Woronchak

Frank LaForge Richner

Nays--20

Bishop Ehardt Johnson, Rick Shulman

Bradstreet Geiger Koetje Tabor

DeRossett Gosselin Kuipers Toy

DeVuyst Hart Kukuk Vear

DeWeese Jansen Perricone Voorhees

In The Chair: Patterson

Rep. Raczkowski 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

Senate Bill No. 1036, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as added by 1997 PA 81.

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

Roll Call No. 100 Yeas--107

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Koetje Richardville Woronchak

Ehardt Kowall Richner

Nays--0

In The Chair: Patterson

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

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 5232, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2955b.

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

The substitute (H-3) 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. 5232, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2955b.

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

Roll Call No. 101 Yeas--108

Allen Faunce Koetje Richardville

Baird Frank Kowall Richner

Basham Garcia Kuipers Rison

Birkholz Garza Kukuk Rivet

Bisbee Geiger LaForge Rocca

Bishop Gieleghem LaSata Sanborn

Bogardus Gilbert Law Schauer

Bovin Godchaux Lemmons Schermesser

Bradstreet Gosselin Lockwood Scott

Brater Green Mans Scranton

Brewer Hager Martinez Shackleton

Brown, B. Hale Mead Sheltrown

Brown, C. Hanley Middaugh Shulman

Byl Hansen Minore Spade

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Thomas

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Perricone Van Woerkom

Daniels Jelinek Pestka Vander Roest

DeHart Jellema Price Vaughn

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Quarles Wojno

DeWeese Kelly Raczkowski Woodward

Ehardt Kilpatrick Reeves Woronchak

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, Bovin, Bradstreet, Byl, Callahan, DeHart, DeRossett, DeVuyst, DeWeese, Faunce, Gilbert, Gosselin, Hager, Jelinek, Jellema, Ruth Johnson, Kukuk, LaSata, Law, Lemmons, Mans, Mead, Middaugh, Pappageorge, Rocca, Schermesser, Scranton, Shackleton, Shulman, Stallworth, Stamas, Tabor, Toy, Vander Roest, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 827, entitled

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

(The bill was read a second time, committee amendments offered and postponed for the day on December 8, see House Journal No. 85, p. 2508.)

The question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation,

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

Roll Call No. 102 Yeas--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Thomas

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

Nays--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Raczkowski 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

Senate Bill No. 827, entitled

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

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

Roll Call No. 103 Yeas--109

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaForge Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Law Schauer

Bogardus Godchaux Lemmons Schermesser

Bovin Gosselin Lockwood Scott

Bradstreet Green Mans Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce

Nays--0

In The Chair: Patterson

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

"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,".

The House agreed to the full title.

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

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

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 104 Yeas--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

Nays--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Thomas

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart LaForge

In The Chair: Patterson

______

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. Raczkowski, Caul, Pappageorge, Rivet, Hansen, Toy, Faunce, Jacobs, Birkholz, LaForge, Middaugh, Kukuk, Voorhees, DeVuyst, Koetje, Julian, Bishop, Mead, Gosselin, Vander Roest, Vear, LaSata, Cameron Brown, Mans, Vaughn, Hanley, DeRossett, Cassis, Bradstreet, Minore, Gieleghem, Howell, DeWeese, Schauer, Jamnick, Hager, VanWoerkom, Scranton, Ehardt, Shulman, Kowall, Jansen, Allen, Richner and Garcia offered the following resolution:

House Resolution No. 297.

A resolution to commemorate the Tenth Anniversary of the restoration of the independence of the people of Lithuania.

Whereas, It is a pleasure to join with the membership of the Lithuanian-American community of metropolitan Detroit and the sons and daughters of this proud republic throughout our state and nation in marking the tenth anniversary of the restoration of the independence of Lithuania; and

Whereas, The courage that this nation has displayed throughout history, but most especially in the recent past, has provided a model of belief in liberty that has set the way for others to follow; and

Whereas, A proud and noble people, Lithuanians in 1990 emerged from the illegal domination of the Soviet Union as a result of a strong sense of unity and longing for democracy of its citizens. In the face of many threats, Lithuanians stood boldly against the forces of tyranny to begin a process of spreading liberty that continues to this very day; and

Whereas, On March 11, 1990, Lithuania, through its Supreme Council, rejected Soviet rule and restored Lithuania's independence. The first Baltic republic to take such actions, Lithuania has now been joined in its self-assertion by many other republics throughout Europe; and

Whereas, It is most fitting that Lithuania was the leader in exercising its rights of self-determination. Established as an independent state in 1918, Lithuania never capitulated to the oppression of foreign rule; and

Whereas, Lithuania's struggles, which so long inspired others, continue to blaze a trail as the new world of the twenty-first century takes shape with Lithuania holding its rightful place among the family of nations; now, therefore, be it

Resolved by the House of Representatives, That tribute be hereby accorded to mark the tenth anniversary of the restoration of the independence of Lithuania; and be it further

Resolved, That copies of this resolution be transmitted to coordinators of this celebration in Michigan, Washington D.C., and Vilnius 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 Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5140, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 721 (MCL 257.721), as amended by 1999 PA 24.

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

1. Amend page 3, line 12, after "feet" by inserting "ON ANY HIGHWAYS IN THIS STATE".

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

Favorable Roll Call

HB 5140 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Schermesser,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5421, entitled

A bill to designate the part of the bypass of highway US-131 that is located between highway M-115 and Boon road in Wexford county as the "Sidney Ouwinga Memorial Bypass"; and to prescribe the duties of the state transportation department.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5421 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Middaugh, Patterson, Shackleton, Tabor, Brewer, Jamnick, Schermesser,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 737, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 217d (MCL 257.217d), as added by 1980 PA 124.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 737 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Middaugh, Patterson, Tabor, Brewer, Jamnick, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 7, 2000, at 4:12 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Schermesser,

Absent: Reps. Garcia, Kilpatrick, Lemmons, Reeves,

Excused: Reps. Garcia, Kilpatrick, Lemmons, Reeves.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 4313, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3913 (MCL 500.3913), as added by 1992 PA 84.

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 4313 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, March 8, 2000, at 9:00 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:

Meeting held on: Tuesday, March 7, 2000, at 9:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.

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, Thursday, March 2:

Senate Bill Nos. 1049 1050 1051 1052 1053 1054

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 3:

Senate Bill Nos. 1055 1056

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 8:

House Bill Nos. 5475 5476 5477 5478 5479 5480 5481 5482

The Clerk announced that the following Senate bills had been received on Wednesday, March 8:

Senate Bill Nos. 961 1011 1012

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4969, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226 (MCL 257.226), as amended by 1992 PA 297, and by adding section 801i.

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

The House agreed to the full title.

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

Senate Bill No. 961, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252a and 719 (MCL 257.252a and 257.719), section 252a as amended by 1981 PA 104 and section 719 as amended by 1996 PA 136.

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. 1011, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103.

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. 1012, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title and by adding section 230a.

The Senate has passed the bill.

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

House Concurrent Resolution No. 80.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-Way Radio System and Microwave Backbone System Phase III.

(For text of resolution, see House Journal No. 9, p. 128.)

The Senate has adopted the concurrent resolution and named Senators Young and Goschka as co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 81.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Oakland University relative to the Oakland University Classroom/Business School Building.

(For text of resolution, see House Journal No. 9, p. 127.)

The Senate has adopted the concurrent resolution and named Senator Young as co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 82.

A concurrent resolution to change the scope of the Technology Education Building project at Washtenaw Community College.

(For text of resolution, see House Journal No. 9, p. 126.)

The Senate has adopted the concurrent resolution and named Senator Young as co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 404, Reps. Law, DeWeese and Schauer.

Messages from the Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: March 7, 2000

Time: 10:00 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4591 (Public Act No. 12, I.E.), being

An act to amend 1993 PA 92, entitled "An act to require certain disclosures in connection with transfers of residential property," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

(Filed with the Secretary of State March 8, 2000, at 9:45 a.m.)

Date: March 7, 2000

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5014 (Public Act No. 13, I.E.), being

An act to amend 1993 PA 92, entitled "An act to require certain disclosures in connection with transfers of residential property," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

(Filed with the Secretary of State March 8, 2000, at 9:47 a.m.)

Date: March 7, 2000

Time: 10:10 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4644 (Public Act No. 14, I.E.), being

An act to amend 1976 PA 331, entitled "An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.

(Filed with the Secretary of State March 8, 2000, at 9:49 a.m.)

Date: March 7, 2000

Time: 10:12 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4645 (Public Act No. 15, I.E.), being

An act 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).

(Filed with the Secretary of State March 8, 2000, at 9:51 a.m.)

Introduction of Bills

Reps. Vaughn, Scott, Hale, Daniels, Stallworth, Reeves, Hardman, Clarke, Price, LaForge, Martinez, Garza, Quarles, Lemmons and Thomas introduced

House Bill No. 5483, entitled

A bill to acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to examine the institution of slavery, subsequent de jure and de facto racial and economic discrimination against African-Americans, and the impact of that discrimination on living African-Americans; and to make recommendations to the legislature on appropriate remedies.

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

Rep. Richner introduced

House Bill No. 5484, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 1105, 1106, 1107, 1213, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2519, 2702, 2718, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3956, 5101, 5204, 5213, 5219, 5308, 5406, 6302, 6306, 7206, 7409, 7501, and 7507 (MCL 700.1103, 700.1105, 700.1106, 700.1107, 700.1213, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2519, 700.2702, 700.2718, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3956, 700.5101, 700.5204, 700.5213, 700.5219, 700.5308, 700.5406, 700.6302, 700.6306, 700.7206, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.