hj04289t.036

No. 36

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, April 28, 1999.

2:00 p.m.

The House was called to order by the Speaker.

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--present

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

Reverend Alfred Overstreet, founder of Al Overstreet Evangelistic Ministry, offered the following invocation:

"Precious God, our Father, we come before You this afternoon, first of all, to say thank You. Thank You, our Master, for waking us up this morning, clothed in our right minds, and a reasonable portion of our health and our strength. Again, honorable Father, You look beyond our faults and You see our needs, and You allow our golden moments to roll just a little while longer. We come now to say thank You. We come today, Lord, on behalf of these legislators. We ask, Lord, that Thou would go with them and stand by them. I pray, Father, that You would guide them and they would let You guide them in all of their activities today. Not only today, but in all, always. Strengthen them, Lord, where they are weak and build them up where they are torn down. Help them to carry out the business of the people of Michigan. Help them to represent these people, help them to do what is right and pleasing, first of all, in Your sight. Help them, Father, and give them the foresight to make the right laws that will govern this Michigan and that we can live peaceably and in pleasure with all mankind. Father, we realize that we need You and we cannot do anything without You. With You, and Your guidance, we can do all things, but without You we cannot do anything. Again, my Father, we ask that You would crown each one of their heads with wisdom and knowledge that they may do that which is right and pleasing in Your sight. In Jesus' name we pray and ask the blessings. Amen."

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 14.

A concurrent resolution to memorialize the Congress and the President of the United States to enact legislation that preserves the health and stability of the Social Security system.

(For text of resolution, see House Journal No. 21, p. 299.)

(The concurrent resolution was reported by the Committee on House Oversight and Operations on March 23, with substitute (H-2), consideration of which was postponed until March 24 under the rules.)

(For substitute (H-2), see House Journal No. 26, p. 461.)

The question being on the adoption of the proposed substitute (H-2) recommended by the Committee,

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

Rep. Callahan moved to amend the concurrent resolution as follows:

1. Amend the first Resolving clause, line 4, after "system" by inserting "including the Social Security Trust Fund".

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 20.

A concurrent resolution to change the scope of the Department of Agriculture--Geagly Laboratory project.

(For text of resolution, see House Journal No. 21, p. 303.)

(The concurrent resolution was reported by the Committee on Appropriations on April 20, consideration of which was postponed until April 21 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 31.

A concurrent resolution to change the scope of the Remodeling and Upgrade of the College of Engineering and Applied Sciences Buildings/Construction of new Student Services Building project at Western Michigan University.

(For text of resolution, see House Journal No. 30, p. 568.)

(The concurrent resolution was reported by the Committee on Appropriations on April 20, consideration of which was postponed until April 21 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

_________

The Speaker called Associate Speaker Pro Tempore Scranton to the Chair.

Third Reading of Bills

Senate Bill No. 379, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18f of chapter XIIA (MCL 712A.18f), as amended by 1998 PA 480.

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

Roll Call No. 255 Yeas--107

Allen Faunce Koetje Rison

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scott

Bovin Godchaux Lemmons Scranton

Bradstreet Gosselin Lockwood Shackleton

Brater Green Mans Sheltrown

Brewer Hager Martinez Shulman

Brown, B. Hale Mead Spade

Brown, C. Hanley Middaugh Stallworth

Byl Hansen Minore Stamas

Callahan Hardman Mortimer Switalski

Cassis Hart Neumann Tabor

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark Jamnick Perricone Van Woerkom

Clarke 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 Richardville Woronchak

Ehardt Kilpatrick Richner

Nays--0

In The Chair: Scranton

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

"An act to revise and consolidate the statues relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties,".

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. 141, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57a (MCL 400.57a), as added by 1995 PA 223.

(The bill was read a second time, substitute (H-6) adopted, amended, amendment offered and bill postponed for the day on April 27, see House Journal No. 35, p. 649.)

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 256 Yeas--55

Baird Dennis Kilpatrick Rivet

Basham Frank Kowall Schauer

Bogardus Garza LaForge Schermesser

Bovin Gieleghem Lemmons Scott

Brater Gilbert Lockwood Shackleton

Brewer Hager Mans Sheltrown

Brown, B. Hale Martinez Spade

Byl Hanley Minore Stallworth

Callahan Hansen Neumann Switalski

Cherry Hardman O'Neil Thomas

Clark Jacobs Pestka Vaughn

Clarke Jamnick Prusi Wojno

Daniels Jellema Reeves Woodward

DeHart Kelly Rison

Nays--54

Allen Geiger LaSata Richner

Birkholz Godchaux Law Rocca

Bisbee Gosselin Mead Sanborn

Bishop Green Middaugh Scranton

Bradstreet Hart Mortimer Shulman

Brown, C. Howell Pappageorge Stamas

Cassis Jansen Patterson Tabor

Caul Jelinek Perricone Toy

DeRossett Johnson, Rick Price Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Quarles Vear

Ehardt Koetje Raczkowski Voorhees

Faunce Kuipers Richardville Woronchak

Garcia Kukuk

In The Chair: Scranton

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 6, following line 7, by inserting:

"(13) THE FAMILY INDEPENDENCE AGENCY OR ITS AGENT SHALL ESTABLISH AND MAINTAIN A TOLL FREE TELEPHONE NUMBER THAT WILL ALLOW RETAIL STORE OWNERS IN THIS STATE TO VERIFY THAT A PERSON PRESENTING THE FOOD STAMP COUPONS IS A RECIPIENT OF FOOD STAMPS.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 257 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 Prusi Thomas

Clark Jamnick Quarles Vaughn

Clarke Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

Nays--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

In The Chair: Scranton

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. 141, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57a (MCL 400.57a), as added by 1995 PA 223.

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

Roll Call No. 258 Yeas--65

Allen Garcia LaForge Richner

Birkholz Gieleghem LaSata Rocca

Bisbee Gilbert Law Sanborn

Bishop Green Mans Schermesser

Bovin Hager Mead Scranton

Brown, B. Hart Middaugh Shulman

Brown, C. Howell Mortimer Spade

Callahan Jansen Neumann Switalski

Cassis Jelinek O'Neil Tabor

Caul Johnson, Rick Pappageorge Toy

DeHart Johnson, Ruth Patterson Van Woerkom

DeRossett Julian Perricone Vander Roest

DeVuyst Koetje Price Vear

DeWeese Kowall Pumford Wojno

Ehardt Kuipers Raczkowski Woodward

Faunce Kukuk Richardville Woronchak

Frank

Nays--43

Baird Dennis Kelly Rivet

Basham Garza Kilpatrick Schauer

Bogardus Geiger Lemmons Scott

Bradstreet Godchaux Lockwood Shackleton

Brater Gosselin Martinez Sheltrown

Brewer Hale Minore Stallworth

Byl Hanley Pestka Stamas

Cherry Hansen Prusi Thomas

Clark Jacobs Quarles Vaughn

Clarke Jamnick Reeves Voorhees

Daniels Jellema Rison

In The Chair: Scranton

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

"An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,".

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. Reeves, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I oppose the physical and psychological marking of human beings which categorizes populations without their discretionary input.

Mandatory thumb printing is an open door to government authorized labeling."

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

"Mr. Speaker and members of the House:

I oppose this legislation because it deals with a matter of personal privacy which is not related to behavior.

A few weeks ago I voted 'yes' on legislation which would require welfare recipients to pass a drug test. That legislation dealt with illegal behavior, and it was proper for the state to require individuals partaking of public generosity to adhere to a standard of behavior demanded by taxpayers.

But this legislation deals with identity, and giving the state of potentially permanent record of an un-erasable identifying characteristic of anyone who chooses to accept the taxpayer's generosity, even for a brief period. I believe this is excessive government control, and to me it has the connotation of 'Big Brother'."

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

"Mr. Speaker and members of the House:

Well folks here we go again! One more step towards, more big brother, big government and totalitarianism.

Oh yes this very expensive bill will probably be passed because the victims are poor, minority, women and probably don't vote much or at all.

We've gone from school takeovers, drug testing for poor folks, the death penalty for poor folks and now you want to fingerprint them under the politically correct term, 'finger imaging'.

I had a call today from Washington, D.C. The question to me was 'Is the state of Michigan moving towards a Nazi state?'

My answer was 'Yes unless good people stand firm and fight.'

I know some here will say, Oh, we're nowhere near totalitarianism in the state of Michigan. I think we are in the danger zone.

I'm sure some corporate welfare recipient will profit from this bill. Finger image them! I'm sure you won't--these are the fat cat welfare recipients. These welfare guys are all over the place--behind every bush in Michigan and throughout America.

Here's a good example of corporate welfare recipients who were bailed out by American--including Michigan--taxpayers. Long term Credit Management Co. based in the Cayman Islands is a hedge fund. They funded themselves with 21Ž2 billion dollars--then borrowed 125 billion dollars, hedged that 600 times and went belly up with the fall of the Russian economy. Guess what--Alan Greenspan bailed them out! And with your tax dollars. Finger image them!

I fully agree with the League of Women Voters of Michigan:

'To subject these [welfare] applicants to fingerprinting for no obvious reason except the claim that many people are illegitimately receiving more than one check, when a Social Security number already provides a control in this regard, is the ultimate in self-defeating and punitive social welfare policy.'

There is no conclusive evidence in any state--New York included--that fingerprinting welfare recipients will make any measurable dent in welfare fraud.

Asking my colleagues to reject this anti-freedom measure is much like asking a bulldog to hug a hound!

But, who knows--hope springs eternal! Reject this bill--it's anti American and anti all the talk about freedom, justice and equality! It's just plain wrong!

Vote No!!

Thank you Mr. Speaker."

______

Rep. Scott moved that Rep. Daniels be excused from the balance of today's session.

The motion prevailed.

House Bill No. 4405, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 306, 308, 310e, and 320a (MCL 257.306, 257.308, 257.310e, and 257.320a), sections 306 and 308 as amended and section 310e as added by 1996 PA 387 and section 320a as amended by 1998 PA 350.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bovin moved to amend the bill as follows:

1. Amend page 12, following line 11, by inserting:

"Enacting section 1. This amendatory act shall not become effective unless the state of Michigan provides fully-funded drivers education programs at Michigan public schools.".

The motion was not seconded.

Rep. Bovin moved to reconsider the vote by which the motion was not seconded.

The question being on the motion by Rep. Bovin,

Rep. Bovin demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Bovin,

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

Roll Call No. 259 Yeas--49

Baird Frank Lemmons Rivet

Basham Garza Lockwood Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Scott

Brater Hanley Neumann Sheltrown

Brewer Hansen O'Neil Spade

Brown, B. Hardman Pestka Stallworth

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Thomas

Clark Kelly Quarles Vaughn

Clarke Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Dennis

Nays--58

Garcia Koetje

In The Chair: Scranton

Rep. Bovin moved to amend the bill as follows:

1. Amend page 2, line 3, after "(2)" by striking out "THE" and inserting "Until April 1, ~~2002~~ 2004, the".

2. Amend page 4, line 12, after "and" by inserting "Until April 1, ~~2002~~ 2004,".

3. Amend page 4, line 16, after "and" by inserting "Until April 1, ~~2002~~ 2004,".

4. Amend page 9, line 14, by inserting:

"(16) This section is repealed April 1, ~~2002~~ 2004.".

5. Amend page 10, line 24, after "(m)" by striking out "VIOLATION" and inserting "Until April 1, ~~2002~~ 2004, violation".

The motion was not seconded.

Rep. Bovin moved to reconsider the vote by which the motion was not seconded.

The question being on the motion by Rep. Bovin,

Rep. Bovin demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Bovin,

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

Roll Call No. 260 Yeas--49

Dennis

Nays--58

Garcia Koetje

In The Chair: Scranton

The question being on the passage of the bill,

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

Roll Call No. 261 Yeas--74

Allen Garcia Kuipers Richner

Basham Geiger Kukuk Rocca

Birkholz Gilbert LaSata Sanborn

Bisbee Godchaux Law Schermesser

Bishop Gosselin Lockwood Scranton

Bradstreet Green Mead Shackleton

Brewer Hager Middaugh Sheltrown

Brown, B. Hardman Mortimer Shulman

Brown, C. Hart Neumann Spade

Byl Howell O'Neil Stamas

Callahan Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Jellema Perricone Van Woerkom

DeHart Johnson, Rick Pestka Vander Roest

DeRossett Johnson, Ruth Pumford Vear

DeVuyst Julian Raczkowski Voorhees

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce Kowall

Nays--33

Baird Garza LaForge Rivet

Bogardus Gieleghem Lemmons Schauer

Bovin Hale Martinez Scott

Brater Hanley Minore Stallworth

Cherry Hansen Price Switalski

Clark Jacobs Prusi Thomas

Clarke Jamnick Quarles Vaughn

Dennis Kelly Rison Wojno

Frank

In The Chair: Scranton

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.

______

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

"Mr. Speaker and members of the House:

I am voting no on HB 4405 because removing the sunset date from this law says that my constituents will be forced to pay for driver's education without a review of the impact of the implementation. Previous to passage of the driver's education law, our taxes paid for this program. We have experienced a major cut in service to our constituents and we will no longer have the opportunity to evaluate this cut in service."

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

"Mr. Speaker and members of the House:

The legislature adopted a graduated, 3 tier drivers license/permit system which took effect in mid-1977. In order to monitor and evaluate the effects of this change, the legislature set a sunset provision on the legislation of April 2002. At the same time, the University of Michigan Transportation Research Institute began a 3-year study to evaluate this change.

After little more than 1 year of experience, and no data, this house is now rushing to eliminate the sunset provision. This body is saying, 'Don't confuse us with the facts.' The house is abrogating its oversight of the new Drivers License permit system.

There are legitimate questions regarding this change. Did the elimination of the public school mandate to provide drivers education amount to a tax increase? Has the new system reduced accidents? Should 14 year olds be permitted to drive? The house majority today showed a lack of interest in these issues."

Second Reading of Bills

House Bill No. 4356, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 110a (MCL 750.110a), as added by 1994 PA 270.

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

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Faunce moved to amend the bill as follows:

1. Amend page 3, line 7, after "MISDEMEANOR" by inserting "IN THE DWELLING".

2. Amend page 3, line 8, after "MISDEMEANOR" by inserting "IN THE DWELLING".

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 4, following line 9, by inserting:

"(10) JUVENILE CRIMINAL HISTORY RECORD INFORMATION AND FINGERPRINT CARDS SHALL BE MAINTAINED BY THE DEPARTMENT OF STATE POLICE FOR A JUVENILE VIOLATION OF SUBSECTION (3) OR (4) IN THE SAME MANNER AS FOR A JUVENILE VIOLATION OF SUBSECTION (2).".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 3, following line 20, by inserting:

"(5) SUBSECTION (4) SHALL BE REFERRED TO AS THE FRANK ANTI-CRIME BILL." and renumbering the remaining subsections.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

______

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 3, line 5, after "PERSON", by striking out the balance of the line through "(A)" on line 6.

2. Amend page 3, line 12, by striking out all of subdivision (B).

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 262 Yeas--45

Baird Garza Lemmons Rivet

Basham Gieleghem Lockwood Schauer

Bogardus Hale Martinez Schermesser

Bovin Hanley Minore Scott

Brater Hansen Neumann Spade

Callahan Hardman O'Neil Stallworth

Cherry Jacobs Pestka Switalski

Clark Jamnick Price Thomas

Clarke Kelly Prusi Vaughn

DeHart Kilpatrick Quarles Wojno

Dennis LaForge Reeves Woodward

Frank

Nays--60

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, B. Green Law Sheltrown

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

In The Chair: Scranton

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. 4356, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 110a (MCL 750.110a), as added by 1994 PA 270.

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

Roll Call No. 263 Yeas--100

Allen Frank Kilpatrick Richner

Basham Garcia Koetje Rivet

Birkholz Garza Kowall Rocca

Bisbee Geiger Kuipers Sanborn

Bishop Gieleghem Kukuk Schauer

Bogardus Gilbert LaForge Schermesser

Bovin Godchaux LaSata Scott

Bradstreet Gosselin Law Scranton

Brater Green Lemmons Shackleton

Brown, B. Hager Lockwood Sheltrown

Brown, C. Hale Mead Shulman

Byl Hanley Middaugh Spade

Callahan Hansen Minore Stamas

Cassis Hardman Mortimer Switalski

Caul Hart Neumann Tabor

Cherry Howell O'Neil Thomas

Clark Jacobs Pappageorge Toy

Clarke Jamnick Patterson Van Woerkom

DeHart Jansen Perricone Vander Roest

Dennis Jelinek Pestka Vaughn

DeRossett Jellema Prusi Vear

DeVuyst Johnson, Rick Pumford Voorhees

DeWeese Johnson, Ruth Raczkowski Wojno

Ehardt Julian Reeves Woodward

Faunce Kelly Richardville Woronchak

Nays--3

Baird Martinez Rison

In The Chair: Scranton

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, Birkholz, Bisbee, Bob Brown, Cameron Brown, Callahan, Cassis, Caul, DeHart, DeRossett, Frank, Gilbert, Gosselin, Green, Hager, Hart, Howell, Jansen, Jelinek, Ruth Johnson, Koetje, Kowall, Kuipers, Kukuk, LaSata, Law, Lemmons, Lockwood, Mead, Middaugh, Mortimer, O'Neil, Pappageorge, Patterson, Pestka, Prusi, Pumford, Raczkowski, Richardville, Rocca, Schermesser, Scott, Scranton, Sheltrown, Spade, Toy, Van Woerkom, Vaughn, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.

______

Rep. Kilpatrick moved that Rep. Reeves be excused from the balance of today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4355, entitled

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

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

The substitute (H-2) 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. 4355, entitled

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

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

Roll Call No. 264 Yeas--103

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza Kukuk Sanborn

Birkholz Geiger LaForge Schauer

Bisbee Gieleghem LaSata Schermesser

Bishop Gilbert Law Scott

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Mortimer Stamas

Callahan Hardman Neumann Switalski

Cassis Hart O'Neil Tabor

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark Jamnick Perricone Van Woerkom

Clarke Jansen Pestka Vander Roest

DeHart Jelinek Prusi Vaughn

Dennis Jellema Pumford Vear

DeRossett Johnson, Rick Quarles Voorhees

DeVuyst Johnson, Ruth Raczkowski Wojno

DeWeese Julian Richardville Woodward

Ehardt Kilpatrick Richner Woronchak

Faunce Koetje Rison

Nays--0

In The Chair: Scranton

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, Birkholz, Bisbee, Cameron Brown, Byl, Callahan, Cassis, Clarke, DeHart, DeRossett, Frank, Gilbert, Hager, Jansen, Jelinek, Jellema, Ruth Johnson, Kowall, Kuipers, Kukuk, Law, Lemmons, Mead, Middaugh, Mortimer, O'Neil, Pappageorge, Patterson, Pestka, Prusi, Pumford, Raczkowski, Richardville, Rivet, Rocca, Schermesser, Scott, Scranton, Sheltrown, Spade, Van Woerkom, Vaughn, Vear, Voorhees, Wojno and Woodward were named co-sponsors of the bill.

______

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. Ehardt, Birkholz, Green, Bovin, Clarke, Mortimer, Vear, Hager, Bradstreet, Rick Johnson, Allen, Koetje, Julian, LaForge, DeVuyst, DeHart, Bogardus, Sheltrown, Jelinek, Rocca, Raczkowski, Hale, Scranton, Patterson, Kowall, Vander Roest, Garcia, Tabor, Brater, Minore, Howell, Baird, Switalski, Jansen, DeRossett, Shulman, Godchaux, Richner, Pappageorge, Woodward, Rivet, LaSata, Faunce and Toy offered the following resolution:

House Resolution No. 77.

A resolution to urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible.

Whereas, For many years, scientists and researchers in many fields have searched for clean, reliable, and renewable sources of energy. In spite of the recent abundance of traditional fossil fuels, finding and developing effective alternative fuels is vital to our nation's long-term best interests; and

Whereas, Bio-based oils and fuels are derived from oils and fats of plants and offer many advantages over fossil fuels we have used for vehicles, electric production, and small engine operation. Fuels derived from agricultural products are clean and renewable. These fuels burn without contributing carbon dioxide or sulfur to the atmosphere. Few modifications of any kind are needed to existing engines to use bio-based materials; and

Whereas, The costs of bio-based oils and fuels will likely drop dramatically when use increases. Currently, there are a variety of pilot or demonstration projects underway in certain communities across the country. The possible economic benefits of using this kind of fuel are enormous, particularly in replacing the purchase of foreign oil with greater utilization of the bounty of American farms; and

Whereas, Michigan has the opportunity to take a leadership role in embracing a change that may prove as significant as any technology in recent memory. Encouraging state departments to use bio-based oils and fuels is a good place to start; now, therefore, be it

Resolved by the House of Representatives, That we urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible; and be it further

Resolved, That copies of this resolution be transmitted to the executive departments of state government.

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. Ehardt, Birkholz, Green, Bovin, Clarke, Mortimer, Vear, Hager, Bradstreet, Allen, Rick Johnson, Koetje, Julian, LaForge, DeVuyst, DeHart, Bogardus, Sheltrown, Jelinek, Rocca, Raczkowski, Hale, Scranton, Patterson, Kowall, Vander Roest, Garcia, Tabor, Brater, Minore, Howell, Baird, Switalski, Jansen, DeRossett, Shulman, Godchaux, Richner, Pappageorge, Woodward, Rivet, LaSata, Faunce and Toy offered the following concurrent resolution:

House Concurrent Resolution No. 34.

A concurrent resolution to urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible.

Resolved by the House of Representatives (the Senate concurring), That we urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible; and be it further

Resolved, That copies of this resolution be transmitted to the executive departments of state government.

Pending the reference of the concurrent resolution to a committee,

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

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reports of Standing Committees

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

Senate Bill No. 335, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 335 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Patterson, Kilpatrick, Brewer, Lemmons, Reeves,

Nays: Reps. Ruth Johnson, Middaugh, Shackleton, Bovin.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 27, 1999, at 3:29 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Brewer, Lemmons, Reeves,

Absent: Reps. Jamnick, Schermesser,

Excused: Reps. Jamnick, Schermesser.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

House Bill No. 4025, entitled

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

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4025 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

House Bill No. 4466, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as added by 1998 PA 317.

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 4466 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 381, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 10205.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 381 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Law and Corrections, was received and read:

Meeting held on: Tuesday, April 27, 1999, at 10:30 a.m.,

Present: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

House Resolution No. 56.

A resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of resolution, see House Journal No. 29, p. 546.)

With the recommendation that the following amendment be adopted and that the resolution then be adopted.

1. Amend the fourth Whereas clause, line 1, after "act," by striking out the balance of the clause and inserting "customers of utilities operating nuclear plants in Michigan have contributed, directly and through accumulated interest, some $700 million for the construction and operation of a federal waste facility; and".

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

Favorable Roll Call

HR 56 To Report Out:

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

Nays: None.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

House Concurrent Resolution No. 29.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of resolution, see House Journal No. 29, p. 551.)

With the recommendation that the following amendment be adopted and that the concurrent resolution then be adopted.

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

Favorable Roll Call

HCR 29 To Report Out:

Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Woodward,

Nays: None.

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, April 28, 1999, at 10:30 a.m.,

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

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

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.

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 4132 To Report Out:

Yeas: Reps. Hart, DeRossett, Cassis, Law, Shulman, LaForge, Hardman, Jacobs,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 27, 1999, at 12:00 Noon,

Present: Reps. Hart, DeRossett, Cassis, Law, Shulman, LaForge, Gieleghem, Hardman, Jacobs.

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, April 28, 1999, at 9:00 a.m.,

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

Absent: Reps. Law, Thomas,

Excused: Reps. Law, Thomas.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 28, 1999, at 10:00 a.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth,

Absent: Reps. Kelly, Tesanovich,

Excused: Reps. Kelly, Tesanovich.

Messages from the Senate

House Concurrent Resolution No. 16.

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 Lake Superior State University relative to the Lake Superior State University Crawford Hall Addition and Remodeling.

(For text of resolution, see House Journal No. 21, p. 299.)

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