hj07018t.066a

No. 66

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, July 1, 1998.

10:00 a.m.

The House was called to order by Acting Speaker DeHart.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--e/d/s

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--excused

Palamara--e/d/s

Parks--present

Perricone--present

Price--present

Profit--e/d/s

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--e/d/s

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Tom Alley, from the 103rd District, offered the following invocation:

"Almighty Lord, we ask You for Your guidance today as we pray for the strength to change the things we can, for the humbleness to accept the things we cannot change, and God, give us the wisdom to know the difference. In Your Name we pray, Amen."

______

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

The motion prevailed.

Notices

July 1, 1998

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

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Prusi moved that the Committee on House Oversight and Ethics be discharged from further consideration of House Concurrent Resolution 93.

(For first notice see House Journal No. 65, p. 1683.)

The question being on the motion by Rep. Prusi,

The motion prevailed.

House Concurrent Resolution No. 93.

A concurrent resolution to extend the K.I. Sawyer Air Force Base Conversion Authority.

Rep. Gagliardi 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,

Rep. Gustafson moved that consideration of the concurrent resolution be postponed temporarily.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 112.

A concurrent resolution to amend the Joint Rules of the Senate and the House of Representatives.

(For text of resolution, see House Journal No. 64, p. 1663.)

(The concurrent resolution was reported by the Committee on House Oversight and Ethics on June 25, consideration of which was postponed until June 30 under the rules.)

The question being on the adoption of the concurrent resolution,

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

______

Rep. Anthony moved that Rep. Prusi be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5418, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 225, 8134, 8142, and 8159 (MCL 500.225, 500.8134, 500.8142, and 500.8159), section 225 as added by 1994 PA 228, section 8134 as added by 1989 PA 302, and sections 8142 and 8159 as amended by 1996 PA 429, and by adding sections 478, 479, and 480.

(The bill was received from the Senate on March 4, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 5, see House Journal No. 21, p. 376.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

Rep. Gubow moved to amend the Senate substitute (S-2) as follows:

1. Amend page 1, line 1, by striking out all of section 477 and inserting:

"Sec. 225. The insurance bureau fund is created in the state treasury as a separate fund. Except as otherwise specifically provided, all fees collected pursuant to this act or under the commissioner's authority shall be deposited in the insurance bureau fund. Money in the insurance bureau fund shall not revert to the general fund at the close of the fiscal year but shall remain in the insurance bureau fund. Money in the insurance bureau fund shall be used only for regulatory purposes under the commissioner's authority. HOWEVER, MONEY IN THE INSURANCE BUREAU FUND MAY BE APPROPRIATED BY THE LEGISLATURE TO PAY FOR LEGISLATORS DESIGNATED BY THE SENATE MAJORITY LEADER AND SPEAKER OF THE HOUSE OF REPRESENTATIVES TO PARTICIPATE IN INSURANCE ACTIVITIES COORDINATED BY INSURANCE AND LEGISLATIVE ASSOCIATIONS INCLUDING THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS AND THE NATIONAL COUNCIL OF INSURANCE LEGISLATORS.".

2. Amend page 7, line 1, after "SECTIONS" by striking out "477 TO" and inserting "478 AND".

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

The question being on concurring in the Senate substitute (S-2), as amended,

The Senate substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 750 Yeas--101

Agee Dobb Jellema Price

Alley Dobronski Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Rhead

Bankes Gagliardi LaForge Richner

Basham Galloway Law Rison

Birkholz Geiger Leland Rocca

Bobier Gernaat LeTarte Sanborn

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Sikkema

Brown Griffin McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Voorhees

Crissman Harder Nye Walberg

Cropsey Hertel Olshove Wallace

Curtis Horton Owen Whyman

Dalman Jansen Parks Willard

DeHart Jelinek Perricone Wojno

DeVuyst

Nays--0

In The Chair: DeHart

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

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

The motion prevailed.

The House agreed to the title as amended.

Third Reading of Bills

House Bill No. 5366, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43553, 47332, and 48737 (MCL 324.43553, 324.47332, and 324.48737), section 43553 as amended by 1996 PA 585 and sections 47332 and 48737 as added by 1995 PA 57, and by adding section 43555a.

(The bill was read a third time and postponed temporarily on April 2, see House Journal No. 34, p. 686.)

The question being on the passage of the bill,

Rep. Tesanovich moved to amend the bill as follows:

1. Amend page 2, line 25, by striking out all of subsection (3) and renumbering the remaining subsections.

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

The question being on the passage of the bill,

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

Roll Call No. 751 Yeas--98

Agee Dobb Kelly Price

Alley Dobronski Kilpatrick Prusi

Anthony Fitzgerald Kukuk Quarles

Baird Frank LaForge Raczkowski

Bankes Freeman Law Rhead

Basham Gagliardi Leland Richner

Birkholz Galloway LeTarte Rison

Bobier Geiger Llewellyn Rocca

Bodem Gernaat London Sanborn

Bogardus Gilmer Lowe Schauer

Brackenridge Gire Mans Schermesser

Brater Godchaux Martinez Scott

Brewer Goschka Mathieu Sikkema

Brown Griffin McBryde Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson McNutt Thomas

Cassis Hale Middaugh Varga

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Voorhees

Crissman Harder Nye Walberg

Cropsey Horton Olshove Wallace

Curtis Jansen Owen Whyman

Dalman Jelinek Parks Willard

DeHart Jellema Perricone Wojno

DeVuyst Kaza

Nays--0

In The Chair: DeHart

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43555 (MCL 324.43555), as amended by 1996 PA 585.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Joint Resolution CC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article V to require a special election to fill a vacancy in the office of state senator or state representative under certain circumstances.

The joint resolution was read a third time and not adopted, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 752 Yeas--55

Agee DeHart Kelly Rison

Alley Dobronski Kilpatrick Schauer

Anthony Frank LaForge Schermesser

Baade Freeman Leland Schroer

Baird Gagliardi Mans Scott

Basham Gire Martinez Stallworth

Bogardus Goschka Mathieu Tesanovich

Brater Griffin Murphy Thomas

Brewer Gubow Olshove Varga

Brown Hale Owen Vaughn

Callahan Hanley Parks Wallace

Cherry Harder Price Willard

Ciaramitaro Hertel Prusi Wojno

Curtis Hood Quarles

Nays--48

Bankes Fitzgerald Jellema Middaugh

Birkholz Galloway Johnson Nye

Bobier Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Gilmer Law Rhead

Byl Godchaux LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Walberg

Dobb Jelinek McNutt Whyman

In The Chair: DeHart

Rep. Schermesser moved to reconsider the vote by which the House did not adopt the joint resolution.

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

The question being on the adoption of the joint resolution,

Rep. Schermesser moved that consideration of the joint resolution be postponed temporarily.

The motion prevailed.

______

Rep. Emerson entered the House Chambers.

House Bill No. 5859, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 18.

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

Roll Call No. 753 Yeas--100

Agee Dobb Jelinek Perricone

Alley Dobronski Jellema Price

Anthony Emerson Johnson Prusi

Baade Fitzgerald Kaza Raczkowski

Baird Frank Kelly Rhead

Bankes Freeman Kilpatrick Richner

Basham Gagliardi Kukuk Rison

Birkholz Galloway LaForge Rocca

Bobier Geiger Law Sanborn

Bodem Gernaat Leland Schauer

Bogardus Gilmer LeTarte Schermesser

Brackenridge Gire Llewellyn Schroer

Brater Godchaux Lowe Scott

Brewer Goschka Mans Sikkema

Brown Green Mathieu Stallworth

Byl Griffin McBryde Tesanovich

Cassis Gubow McManus Thomas

Cherry Gustafson McNutt Varga

Ciaramitaro Hale Middaugh Vaughn

Crissman Hammerstrom Middleton Voorhees

Cropsey Hanley Murphy Walberg

Curtis Harder Nye Wetters

Dalman Hood Olshove Whyman

DeHart Horton Owen Willard

DeVuyst Jansen Parks Wojno

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

House Bill No. 5044, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2441 (MCL 600.2441).

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

Roll Call No. 754 Yeas--91

Agee Dalman Hertel Owen

Alley DeHart Hood Parks

Anthony DeVuyst Jelinek Price

Baade Dobb Jellema Prusi

Baird Dobronski Johnson Quarles

Bankes Emerson Kaza Raczkowski

Basham Fitzgerald Kelly Richner

Birkholz Frank Kilpatrick Rison

Bobier Freeman LaForge Schauer

Bodem Gagliardi Law Schermesser

Bogardus Galloway Leland Schroer

Brackenridge Geiger LeTarte Scott

Brater Gernaat Lowe Sikkema

Brewer Gilmer Mans Stallworth

Brown Gire Martinez Tesanovich

Byl Godchaux Mathieu Thomas

Callahan Griffin McBryde Varga

Cassis Gubow McManus Vaughn

Cherry Gustafson McNutt Walberg

Ciaramitaro Hale Middleton Wallace

Crissman Hammerstrom Murphy Wetters

Cropsey Hanley Nye Wojno

Curtis Harder Olshove

Nays--15

Goschka Kukuk Perricone Voorhees

Green Llewellyn Rhead Whyman

Horton London Rocca Willard

Jansen Middaugh Sanborn

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

______

Rep. Scranton entered the House Chambers.

By unanimous consent the House returned to the order of

Messages from the Senate

June 25, 1998

Mary Kay Scullion, Clerk

House of Representatives

State Capitol

Lansing, Michigan 48909

Dear Madam:

Pursuant to Joint Rule 12, this is to notify the House of Representatives that the Senate has found errors in Enrolled Senate Bill No. 299. Senate Bill No. 299 (S-1) should be amended as follows:

1. Amend page 30, line 3, after "SECTION" by striking out "8108(1)(A) OR (2)(B)" and inserting "8108(1) OR (2)".

2. Amend page 30, line 8, after "SECTION" by striking out "8108(1)(A) OR (2)(B)" and inserting "8108(1) OR (2)".

3. Amend page 61, line 6, after "SECTION" by striking out "8403(2)" and inserting "8403".

4. Amend page 61, line 7, after "SECTION" by striking out "8403" and inserting "8403(2)".

5. Amend page 90, line 9, after "SECTION" by striking out "8-110(D)" and inserting "8110(4)".

6. Amend page 90, line 15, after "SECTION" by striking out "8-110(E)" and inserting "8110(5)".

7. Amend page 97, line 18, after "SECTION" by striking out "8-106" and inserting "8106".

8. Amend page 100, line 21, after the first "SECTION" by striking out "9-312(5)" and inserting "9312(5)".

9. Amend page 100, line 21, after the second "SECTION" by striking out "9-312(4)" and inserting "9312(4)".

The Senate has agreed to the above amendments by a majority of the members elected and serving on June 25, 1998.

Sincerely,

Carol Morey Viventi, J.D.

Secretary of the Senate

The House approved the letter correcting the amendment, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 755 Yeas--101

Agee Dobronski Kaza Price

Alley Fitzgerald Kelly Prusi

Anthony Frank Kilpatrick Quarles

Baade Freeman Kukuk Raczkowski

Baird Gagliardi LaForge Rhead

Bankes Galloway Law Richner

Basham Geiger Leland Rison

Birkholz Gernaat LeTarte Rocca

Bobier Gilmer Llewellyn Sanborn

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scranton

Brewer Griffin Mathieu Sikkema

Brown Gubow McBryde Stallworth

Byl Gustafson McManus Tesanovich

Callahan Hale McNutt Thomas

Cassis Hammerstrom Middaugh Varga

Cherry Hanley Middleton Vaughn

Crissman Harder Murphy Walberg

Cropsey Horton Nye Wallace

Curtis Jansen Olshove Wetters

Dalman Jelinek Owen Whyman

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

Dobb

Nays--0

In The Chair: DeHart

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Corrections, by Rep. Freeman, Chair, reported

Senate Bill No. 873, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 44 (MCL 791.234 and 791.244), section 34 as amended by 1994 PA 345 and section 44 as amended by 1992 PA 181.

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 873 To Report Out:

Yeas: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Nye, Perricone, Sanborn,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 1, 1998, at 9:00 a.m.,

Present: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Nye, Perricone, Sanborn,

Absent: Rep. Mans,

Excused: Rep. Mans.

Second Reading of Bills

Senate Bill No. 873, entitled

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

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

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

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

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

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

______

Rep. Palamara entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 873, 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. 756 Yeas--84

Agee DeVuyst Jansen Palamara

Alley Dobb Jelinek Perricone

Anthony Dobronski Jellema Price

Baade Fitzgerald Johnson Prusi

Bankes Frank Kaza Raczkowski

Basham Freeman Kelly Rhead

Birkholz Gagliardi Kukuk Richner

Bobier Galloway Law Rison

Bodem Geiger LeTarte Rocca

Bogardus Gernaat Llewellyn Sanborn

Brackenridge Gilmer London Schauer

Brown Gire Lowe Schermesser

Byl Godchaux Mans Scranton

Callahan Goschka McBryde Sikkema

Cassis Green McManus Stallworth

Cherry Griffin McNutt Tesanovich

Crissman Gustafson Middaugh Voorhees

Cropsey Hammerstrom Middleton Walberg

Curtis Harder Nye Wetters

Dalman Hertel Olshove Whyman

DeHart Horton Owen Willard

Nays--20

Baird Hale Leland Thomas

Brater Hanley Martinez Varga

Brewer Hood Parks Vaughn

Ciaramitaro Kilpatrick Schroer Wallace

Gubow LaForge Scott Wojno

In The Chair: DeHart

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

The Speaker assumed the Chair.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

(The conference report was reported by the conference committee on June 30, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 65, p. 1711.)

The question being on the adoption of the conference report,

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

Roll Call No. 757 Yeas--93

Agee Dobronski Kelly Price

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Griffin Mathieu Schroer

Brewer Gubow McBryde Scott

Brown Gustafson McManus Scranton

Byl Hale McNutt Sikkema

Callahan Hammerstrom Middaugh Stallworth

Cassis Hanley Middleton Tesanovich

Cherry Harder Murphy Thomas

Crissman Hertel Olshove Varga

Curtis Jansen Owen Vaughn

Dalman Jelinek Palamara Wallace

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

Dobb

Nays--10

Cropsey Kaza Voorhees Wetters

Galloway Lowe Walberg Whyman

Horton Nye

In The Chair: Hertel

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

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

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

"Mr. Speaker and members of the House:

Over three months ago I and other legislators introduced 9 bills which amended Michigan's concealed weapons laws. We have worked with both pro-gun and law enforcement groups to craft a reasonable package of bills on this controversial issue.

I had been led to believe this package would be voted upon before we left for summer recess. It is apparent now that this will not happen. It is unfair to subject legislators to three more months of lobbying when they have already been subjected to 3 months of intensive lobbying. I think it is a mistake to not vote on these bills before we leave. I think it will hurt Democrats running in marginal seats if we do not vote now."

Reps. Cropsey, Kaza, Galloway, Horton, Lowe, Nye, Voorhees, Walberg and Whyman, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

When the appropriation for state police came before this body a couple of years ago, Rep. Cropsey offered an amendment that would have required the state police to give an explanation to a gun owner why his or her permit to carry a concealed weapon was turned down by the state. That amendment was adopted by the House at that time.

When the Democrats took power at the beginning of this session of the legislature, an agreement was made with the Speaker that the proponents of concealed carry reform would not be making pro-gun amendments to budget bills and other legislation in return for a floor vote on the concealed carry reform legislation.

When concealed carry reform legislation (HB 5551-5557) was introduced earlier this year a majority of the membership of the House co-sponsored the legislation. The majority of this body understands that individuals have the right to defend themselves and that current law is denying licenses to law-abiding citizens. Because of the arbitrary license denials, criminals are raping, maiming, robbing, and murdering law-abiding citizens.

The proponents of the legislation were told that a vote would be made in committee in April and a vote on the floor of the House would be made shortly thereafter. There was no committee vote in April. There was no committee vote in May. Finally, on June 24, 1998, the legislation was reported out of committee.

Unfortunately, this morning the Speaker of the House said that the House HB 5551-5557 would not be voted out before the summer break. The earliest that this legislation will be voted on is in September when we come back. The delays by the Democrat leadership are destroying the chances of passage.

The Republicans lost control of this body two years ago in part because the Republican leadership was responsible for not allowing this body to vote on concealed carry reform legislation. The current Democrat leadership from Detroit is now responsible for the fate of concealed carry reform. If this reform dies as a result of the Democrat leadership's delays, they will also face the same fate as the previous Republican leadership.

We are voting 'No' to protest the delays on HB 5551-5557."

The Speaker laid before the House the conference report relative to

House Bill No. 5592, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

(The conference report was reported by the conference committee on June 30, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 65, p. 1700.)

The question being on the adoption of the conference report,

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

Roll Call No. 758 Yeas--98

Agee Dobb Jellema Owen

Alley Dobronski Johnson Palamara

Anthony Fitzgerald Kaza Perricone

Baade Frank Kelly Price

Baird Freeman Kilpatrick Prusi

Bankes Gagliardi Kukuk Raczkowski

Basham Galloway LaForge Rhead

Birkholz Geiger Law Richner

Bobier Gernaat Leland Rison

Bodem Gilmer LeTarte Rocca

Bogardus Gire Llewellyn Sanborn

Brackenridge Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brewer Green Mans Schroer

Brown Griffin Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Tesanovich

Cassis Hale McManus Thomas

Cherry Hammerstrom McNutt Varga

Crissman Hanley Middaugh Walberg

Cropsey Harder Middleton Wallace

Curtis Hertel Murphy Wetters

Dalman Horton Nye Willard

DeHart Jansen Olshove Wojno

DeVuyst Jelinek

Nays--6

Parks Stallworth Voorhees Whyman

Scott Vaughn

In The Chair: Hertel

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

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

______

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

"Mr. Speaker and members of the House:

One year ago, the Members of this chamber stood together on a bi-partisan basis to reduce the level of 'corporate welfare' provided through Michigan Jobs Commission grants.

Republicans and Democrats alike voted to provide corporations with a demonstrated need for assistance in training costs in order to ensure new market expansion, valuable financial assistance to reduce the costs associated with training workers in new manufacturing and technology environments.

Our vote one year ago, was against political patronage and arbitrary grant awards.

Our vote was an investment in our economic future which assured grant dollars were used to improve the skill of Michigan workers, to improve Michigan's business and industry attraction capability, and to prevent any worker from being displaced and structurally unemployed as a result of new technology.

One year ago, Republicans and Democrats voted for assurances that Jobs Commission grants would be used to enhance worker training and not corporate profits.

The U.S. Department of Labor Certification language which has been deleted in the Conference Report sought to continue that bi-partisan objective in two ways.

First, it assures that a portion of the Economic Development Job Training Grants awarded be awarded to programs that meet the occupational guidelines for training as established and revised by the U.S. Department of Labor's Bureau of Apprenticeship Programs. Such awards assure grant dollars will be spent on class time and on the job training, rather than applied to corporate administrative costs.

Second; it assures that a sufficient investment will be made in building and construction trade training to ensure the economic expansion we all seek from the anticipated construction boom occurs.

The House and Senate fiscal agencies in their economic forecasts released this Spring both indicated that Michigan's economy will face some difficult times in the near future if we fail to address the 5,000 plus skilled labor shortage in the State.

In the Tri-county area of Wayne, Oakland and Macomb counties above more than 16 billion dollars in construction projects will be spent in the next 3 to 5 years. In the City of Detroit alone, more than 5 billion dollars in construction projects are planned.

Fiscal analysts have indicated this poses a unique opportunity as well as a formidable challenge for Michigan's economy.

Will we take full advantage of this economic opportunity? Will the construction workers retained to complete these projects be Michigan taxpayers?

Not unless we take significant action in this session to assure Michigan workers are trained.

We could have made sure they were by supporting the U.S. Department of Labor Certification language.

Last week many of us were happy to see that the Governor concurred with the policy direction developed by House Democrats on this issue and we appreciate his recognition of the importance of this issue, and the significance of this unique window of economic opportunity.

It is a substantial policy shift for the Michigan Jobs Commission to open up the Economic Development Job Training Grants to building and construction trades. We recognize it is a first. We applaud Director Rothwell and staff; but we can still do more.

Quality training improves safety on the job and reduces insurance costs. Quality training reduces the cost of time and materials. Quality training reduces total construction program costs and expands the capability of the small contractor to hire reliable labor.

The U.S. Department of Labor Certification language assures we won't miss this unique economic window of opportunity. The bi-partisan effort we began one year ago to assure that job training dollars are spent to enhance workers and not corporate profits has come to an end.

The irony of the language version is that it comes at a time when U.S. workers are fighting for their lives to keep jobs from going overseas.

I think Michiganders should have the first opportunity to rebuild Michigan, therefore on behalf of Michigan's building and construction trades industry I vote no on this measure."

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

"Mr. Speaker and members of the House:

There are two issues for my no vote explanation. They are as follows:

1. The Conference Committee removed the prohibiting language that prevented the council from funding large art and cultural institutions such as DIA, Detroit Zoo, and Detroit Symphony Orchestra beyond a 6% cap of that organization's operating budget. Therefore, these large cultural institutions now can request 20% of the budget and if the council says Yea, they will be able to take monies from the small art and cultural operations who do not get a lot of private funding, etc. I feel the cap should not have been removed.

2. There was new boiler plate language in the government bill that prevented the CIA from granting the Michigan Council for Arts and Cultural Affairs dollars to pet projects of State officials without the organization being approved bycouncil and it competing process. Thus allowing circumventing of the due-process that all state arts programs/organizations have to go thru. This is unfair to have a second door to use to get state grant dollars. Every organization should have one fair system to obtain funding."

The Speaker laid before the House the conference report relative to

House Bill No. 5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(The conference report was reported by the conference committee on June 30, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 65, p. 1729.)

The question being on the adoption of the conference report,

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

Roll Call No. 759 Yeas--103

Agee Dobronski Kelly Quarles

Alley Emerson Kukuk Raczkowski

Anthony Fitzgerald LaForge Rhead

Baade Frank Law Richner

Baird Freeman Leland Rison

Bankes Gagliardi LeTarte Rocca

Basham Galloway Llewellyn Sanborn

Birkholz Geiger London Schauer

Bobier Gernaat Lowe Schermesser

Bodem Gilmer Mans Schroer

Bogardus Gire Martinez Scott

Brackenridge Godchaux Mathieu Scranton

Brater Goschka McBryde Sikkema

Brewer Green McManus Stallworth

Brown Griffin McNutt Tesanovich

Byl Gubow Middaugh Thomas

Callahan Gustafson Middleton Varga

Cassis Hale Murphy Vaughn

Cherry Hanley Nye Voorhees

Crissman Harder Olshove Walberg

Cropsey Hertel Owen Wallace

Curtis Horton Palamara Wetters

Dalman Jansen Parks Whyman

DeHart Jelinek Perricone Willard

DeVuyst Jellema Price Wojno

Dobb Johnson Prusi

Nays--2

Hammerstrom Kaza

In The Chair: Hertel

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

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

Senate Bill No. 909, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

First Conference Report

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

Senate Bill No. 909, entitled

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:

1. Amend page 1, line 3, by striking out all of sections 101 and 102 and inserting:

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

DEPARTMENT OF CORRECTIONS

APPROPRIATION SUMMARY:

Average population 44,857

Full-time equated unclassified positions 16.0

Full-time equated classified positions 17,371.9

GROSS APPROPRIATION $ 1,441,935,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 6,599,300

ADJUSTED GROSS APPROPRIATION $ 1,435,335,700

Federal revenues:

Total federal revenues 19,828,800

Special revenue funds:

Total local revenues 401,100

Total private revenues 0

Total other state restricted revenues 46,548,700

State general fund/general purpose $ 1,368,557,100

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 16.0

Full-time equated classified positions 75.0

Unclassified positions--16.0 FTE positions $ 1,253,300

Executive administration--11.0 FTE positions 1,384,200

Audit and internal affairs--19.0 FTE positions 1,280,400

Policy and hearings--45.0 FTE positions 4,032,300

GROSS APPROPRIATION $ 7,950,200

Appropriated from:

State general fund/general purpose $ 7,950,200".

2. Amend page 9, line 23, by striking out all of section 114 and inserting:

"Sec. 114. CORRECTIONAL FACILITIES-ADMINISTRATION

Full-time equated classified positions 127.0

Conveying convicts to penal institutions $ 248,300

Federal school lunch program 565,000

Correctional facilities administration--10.0 FTE positions 773,900

Extradition services 120,000.0

Housing inmates in federal institutions 394,000

Central region office--109.0 FTE positions 12,994,400

Northern region office--2.0 FTE positions 180,500

Southeastern region office--1.0 FTE position 129,800

Southwestern region office--2.0 FTE positions 180,700

Leased Beds 35,807,400

Food service operations 5,000,000

Surplus food program--3.0 FTE positions 312,800

GROSS APPROPRIATION $ 56,706,800

Appropriated from:

Intradepartmental grant revenues:

IDT, surplus food user fees 238,200

IDT, food factory user fees 5,000,000

Federal revenues:

BOP, federal prisoner reimbursement 314,000

DOJ, office of justice programs, VOITIS 5,000,000

DAG-FCS, national school lunch 565,000

State general fund/general purpose $ 45,589,600".

3. Amend page 31, line 27, after "available." by striking out the balance of the section.

4. Amend page 33, following line 13, by inserting:

"Sec. 217. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.".

5. Amend page 37, line 4, after "group" by striking out the balance of the line through "providers" on line 5.

6. Amend page 37, following line 10, by inserting:

"(5) Any funds appropriated under section 105 for the MDOC in-prison drug treatment program and the MDOC technical violator pilot drug treatment program that remain unexpended at the end of the fiscal year shall not revert to the general fund but instead shall be placed in separate work project accounts to be spent as provided under this section and sections 220 and 221.".

7. Amend page 38, following line 14, by striking out all of section 224 and inserting:

"Sec. 224. (1) The department shall conduct, at a minimum, 3 human relations and diversity/sensitivity training sessions by December 31, 1998. The department shall also conduct follow-up training for employees who have received such training designed to provide continuity. The human relations and diversity/sensitivity programs should provide a framework for participants to examine ways in which ethnic, cultural, gender, and racial differences may affect how managers, supervisors, and staff work together as a team. The department shall develop a reliable survey instrument to objectively measure the effectiveness of human relations and diversity/sensitivity training.

(2) The equal employment opportunity administrator shall provide regular reports to the director regarding human relations and diversity/sensitivity programs and training and recommend modifications to the programs if appropriate.

Sec. 225. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.

Sec. 226. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 227. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

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

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

(4) Each principal executive department and agency shall provide a monthly summary listing of information that identifies any authorizations for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.".

8. Amend page 42, following line 14, by inserting:

"Sec. 502. A parole board member or a person on a parole board member's direct staff shall not provide legal representation before the parole board or provide legal assistance to a prisoner or parolee until the expiration of 3 years after he or she is no longer a parole board member or on a parole board member's direct staff.".

9. Amend page 54, line 16, after "if" by striking out the balance of the line through "offense" on line 17 and inserting "the conviction was for a crime committed before the effective date of sentencing guidelines provided in the code of criminal procedure, 1927 PA 175, MCL 760.1 et seq.,".

10. Amend page 55, line 2, after "if" by striking out the balance of the line through "offense" on line 3 and inserting "the conviction was for a crime committed on or after the effective date of sentencing guidelines provided in the code of criminal procedure, 1927 PA 175, MCL 760.1 et seq.,".

11. Amend page 59, following line 3, by striking out all of section 903.

12. Amend page 59, following line 24, by inserting:

"(3) It is the intent of the legislature that, in the interest of providing the most efficient and cost-effective delivery of health care, local health care providers will be considered and given the opportunity to competitively bid as vendors under future managed care contracts.".

13. Amend page 61, line 18, after "1107." by inserting "(1)".

14. Amend page 61, following line 23, by inserting:

"(2) The department shall study smoking cessation or healthy living programs for prison employees and report to the senate and house appropriations subcommittees on corrections the feasibility and costs of implementing that programming and the projected outcomes by April 1, 1999.".

15. Amend page 62, following line 12, by striking out all of sections 1113, 1114, and 1115 and inserting:

"Sec. 1116. (1) It is the intent of the legislature that the department spend, on average, $67.00 per day per prisoner incarcerated out-of-state. The average per diem will cover bed leasing, transportation, medical, and other costs arising from sending prisoners to facilities out-of-state.

(2) If average per diem increases above $67.00, or if the department intends to enter into a contract that will increase the per diem above $67.00, the department will notify the senate and house appropriation subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The notification will include information on the components of cost that caused the average per diem to increase.

(3) By May 15, 1999, the department will report to the senate and house appropriation subcommittees on corrections, the senate and house fiscal agencies, and the state budget director the status of all out-of-state leases including the number of prisoners housed out-of-state, plans for rotating prisoners serving out-of-state, and the actual per prisoner per day cost for all existing contracts.".

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

Jon A. Cisky

Philip E. Hoffman

Jackie Vaughn III

Conferees for the Senate

Lynn Owen

Vera Rison

Terry Geiger

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

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

The question being on the adoption of the conference report,

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

Roll Call No. 760 Yeas--96

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Rhead

Baade Gagliardi Law Richner

Baird Geiger Leland Rison

Bankes Gernaat LeTarte Rocca

Basham Gilmer Llewellyn Sanborn

Birkholz Gire London Schauer

Bobier Godchaux Lowe Schermesser

Bodem Goschka Mans Scott

Bogardus Green Martinez Scranton

Brackenridge Griffin Mathieu Sikkema

Brewer Gubow McBryde Stallworth

Brown Gustafson McManus Tesanovich

Byl Hale McNutt Thomas

Callahan Hammerstrom Middaugh Varga

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Cropsey Hertel Olshove Walberg

Curtis Horton Owen Wallace

Dalman Jansen Palamara Wetters

DeHart Jelinek Parks Whyman

DeVuyst Jellema Perricone Willard

Dobronski Johnson Price Wojno

Nays--9

Brater Dobb Kaza Middleton

Cassis Galloway LaForge Raczkowski

Crissman

In The Chair: Hertel

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

First Conference Report

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

Senate Bill No. 910, entitled

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:

1. Amend page 2, line 5, by striking out "870,451,700" and inserting "869,926,700".

2. Amend page 2, line 15, by striking out "869,078,700" and inserting "868,553,700".

3. Amend page 3, line 3, by striking out "40,400" and inserting "44,700".

4. Amend page 3, line 13, by striking out "13,411,400" and inserting "13,415,700".

5. Amend page 3, line 14, by striking out "44,918,800" and inserting "44,393,800".

6. Amend page 3, line 21, by striking out "2,565,000" and inserting "2,540,000".

7. Amend page 3, line 22, by striking out "3,075,200" and inserting "3,050,200".

8. Amend page 4, line 2, by striking out "2,514,000" and inserting "2,489,000".

9. Amend page 7, line 13, after "academy" by striking out the balance of the line through "service" on line 14 and inserting "lease".

10. Amend page 7, line 20, after "MICHIGAN" by striking out "SCHOOL" and inserting "SCHOOLS".

11. Amend page 7, line 22, by striking out "School for the deaf/blind" and inserting "Michigan schools for the deaf and blind".

12. Amend page 8, line 13, after "CAREER" by inserting a comma.

13. Amend page 8, line 13, after "ADULT" by inserting a comma.

14. Amend page 8, line 15, after "curriculum" by inserting a comma.

15. Amend page 10, line 17, after "subgrant" by inserting "program".

16. Amend page 11, line 10, by striking out all of line 10.

17. Amend page 11, line 20, by striking out "803,826,700" and inserting "803,326,700".

18. Amend page 12, line 7, after "DED-OESE," by striking out "title I,".

19. Amend page 12, line 24, by striking out "HHS-administration of child and family" and inserting "HHS-ACF".

20. Amend page 12, line 26, by striking out all of line 26 through "syndrome" on line 27 and inserting "HHS-CDC, AIDS".

21. Amend page 13, line 1, by striking out "HHS-OHDS" and inserting "HHS-ACF".

22. Amend page 13, line 9, by striking out "19,931,000" and inserting "19,431,000".

23. Amend page 13, line 17, after "at" by striking out "$58,330,200.00" and inserting "$57,809,500.00".

24. Amend page 14, line 19, by striking out all of line 19 through line 24 and inserting:

"(a) "ACF" means administration for children and families.

(b) "CDCP" means center for disease control and prevention.

(d) "DED" means the United States department of education.

(e) "Department" means the Michigan department of education.

(f) "District" means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.

(g) "DOL" means the United States department of labor.

(h) "ETA" means employment and training administration.

(i) "FCS" means food and consumer service." and relettering the remaining subdivisions.

25. Amend page 18, following line 6, by inserting:

"Sec. 212. The department shall receive and retain copies of all reports from the appropriations in part 1.".

26. Amend page 18, line 20, by striking out all of sections 216 and 217 and inserting:

"Sec. 216. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate-setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report including all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

(4) Each principal executive department and agency shall provide a monthly summary listing of information that identifies any authorization for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.

Sec. 217. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.".

27. Amend page 21, following line 12, following section 221, by inserting:

"Sec. 222. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

28. Amend page 23, line 4, by striking out all of section 304.

29. Amend page 34, line 8, after "department" by striking out the balance of the subsection and inserting "in consultation with the RPM advisory council as created by Executive Order 1998-4.".

30. Amend page 36, line 13, by striking out all of line 13 through the balance of the bill.

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

Dan L. DeGrow

John J. H. Schwarz, M.D.

Joe Conroy

Conferees for the Senate

Vera Rison

Patricia Godchaux

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

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

The question being on the adoption of the conference report,

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

Roll Call No. 761 Yeas--98

Agee Dobronski Jellema Price

Alley Emerson Johnson Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kilpatrick Raczkowski

Baird Freeman Kukuk Rhead

Bankes Gagliardi LaForge Richner

Basham Galloway Law Rison

Birkholz Geiger Leland Rocca

Bobier Gernaat LeTarte Sanborn

Bodem Gilmer Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Curtis Harder Olshove Voorhees

Dalman Hertel Owen Wallace

DeHart Hood Palamara Willard

DeVuyst Jansen Parks Wojno

Dobb Jelinek

Nays--8

Cropsey Kaza Nye Walberg

Horton Lowe Perricone Whyman

In The Chair: Hertel

First Conference Report

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

House Bill No. 5591, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

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

DEPARTMENT OF NATURAL RESOURCES

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,224.5

GROSS APPROPRIATION $ 228,001,500

Interdepartmental grant revenues:

IDG-engineering services to work orders 1,004,700

IDG from MDOT-state trunkline fund 36,300

IDG-MJC, economic development job training funds 1,000,000

IDG-MacMullan conference center revenue 1,328,900

IDG-land acquisition services to work orders 819,000

IDT-interdivisional charges 2,859,700

Total interdepartmental grants and intradepartmental transfers 7,048,600

ADJUSTED GROSS APPROPRIATION $ 220,952,900

Federal revenues:

DAG-federal 2,377,400

DOC-federal 42,100

DOD-federal 60,700

DOE-federal 1,000

DOI-federal 13,404,700

DOI-MMS, federal oil and gas royalty revenue 750,000

DOT-federal 2,355,800

EPA-federal 318,800

IGLFC-federal 20,100

Total federal revenues 19,330,600

Special revenue funds:

Total local revenues 0

Private funds 1,170,600

Private gift revenues 500,000

Total private revenues 1,670,600

Air photo fees 729,000

Aircraft fees 101,800

Airport and park operation fees 40,900

Automated license system revenue 403,500

Commercial fishing fee revenue 200

Delinquent property tax administration fund 989,200

Farmland and open space withdrawal fees 557,800

Forest camping fee revenue 795,500

Forest resource revenue 20,804,100

Game and fish protection fund 50,441,000

Game and fish protection fund--deer habitat reserve 1,671,200

Game and fish protection fund--turkey permit fees 932,000

Game and fish protection fund--waterfowl fees 111,700

Game and fish - wildlife resource protection fund 995,200

Harbor development fund 220,300

Land exchange facilitation fund 5,322,400

Land sale revenue 4,596,500

Mackinac Island state park fund 1,329,400

Marine safety fund 4,822,700

Michigan civilian conservation corps endowment fund 1,267,000

Michigan geographic information system revenue 166,700

Michigan state parks endowment fund 4,330,200

Michigan state waterways fund 12,063,300

Motor fuel sales 775,000

Natural resources magazine fund 101,400

Natural resources trust fund 1,924,600

Nongame wildlife fund 844,500

Off-road vehicle trail improvement fund 1,629,100

Other restricted revenues 7,300

Park improvement fund 25,258,000

Publication revenue 100,000

Recreation improvement fund 1,388,500

Recreation bond fund 1,350,000

Shop fees 50,700

Snowmobile registration fee revenue 594,300

Snowmobile trail improvement fund 4,586,700

Total other state restricted revenues 151,301,700

State general fund/general purpose $ 48,650,000

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 20.0

Commission (including travel expense--per diem) $ 75,000

Unclassified salaries 394,200

Executive direction--9.0 FTE positions 1,491,000

Office of information and education--11.0 FTE positions 1,224,700

GROSS APPROPRIATION $ 3,184,900

Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 13,100

Special revenue funds:

Delinquent property tax administration fund 3,400

Farmland and open space withdrawal fees 3,500

Forest resource revenue 148,700

Game and fish protection fund 1,021,800

Land exchange facilitation fund 5,400

Land sale revenue 32,200

Marine safety fund 27,900

Michigan geographic information system revenue 1,000

Michigan state parks endowment fund 8,200

Michigan state waterways fund 229,800

Natural resources magazine fund 101,400

Off-road vehicle trail improvement fund 2,300

Other restricted revenues 2,500

Park improvement fund 413,100

Snowmobile registration fee revenue 2,300

Snowmobile trail improvement fund 12,100

State general fund/general purpose $ 1,156,200

Sec. 103. ADMINISTRATIVE SERVICES

Full-time equated classified positions 219.0

Budget and program support--57.0 FTE positions $ 3,834,600

Internal audit--12.0 FTE positions 806,400

Field program support--70.0 FTE positions 5,541,800

Human resources--17.0 FTE positions 1,364,200

Equal opportunity and legal services--8.0 FTE positions 774,400

Office of information systems and technology--55.0 FTE positions 7,999,700

GROSS APPROPRIATION $ 20,321,100

Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 12,400

IDT-interdivisional charges 2,691,300

Federal revenues:

DOI-federal 108,500

Special revenue funds:

Aircraft fees 101,800

Automated license system revenue 403,500

Delinquent property tax administration fund 11,100

Farmland and open space withdrawal fees 3,900

Forest resource revenue 699,900

Game and fish protection fund 6,899,300

Land exchange facilitation fund 30,200

Land sale revenue 64,200

Marine safety fund 219,000

Michigan natural resources trust fund 567,800

Michigan state parks endowment fund 47,300

Michigan state waterways fund 717,300

Michigan civilian conservation corps endowment fund 5,700

Off-road vehicle trail improvement fund 48,400

Other restricted revenues 4,800

Park improvement fund 727,300

Publication revenue 100,000

Recreation improvement fund 5,800

Snowmobile registration fee revenue 58,900

Snowmobile trail improvement fund 72,600

State general fund/general purpose $ 6,720,100

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 1,632,900

Rent privately owned property 619,300

Gifts and bequests 500,000

GROSS APPROPRIATION $ 2,752,200

Appropriated from:

Special revenue funds:

Private gift revenues 500,000

Forest resource revenue 169,900

Game and fish protection fund 559,100

Land sale revenue 38,600

Marine safety fund 36,000

Michigan state waterways fund 196,100

Natural resources trust fund 9,400

Snowmobile trail improvement fund 15,600

Park improvement fund 84,500

State general fund/general purpose $ 1,143,000

Sec. 105. WILDLIFE MANAGEMENT

Full-time equated classified positions 186.0

Wildlife administration--14.5 FTE positions $ 1,700,000

Wildlife management--162.5 FTE positions 15,226,000

Natural resources heritage--9.0 FTE positions 1,494,900

State game and wildlife area maintenance 525,000

Federal lands biological inventory 50,000

GROSS APPROPRIATION $ 18,995,900

Appropriated from:

Federal revenues:

DOD-federal 50,000

DOI-federal 6,413,700

EPA-federal 51,300

Special revenue funds:

Private funds 101,800

Game and fish protection fund 8,658,100

Game and fish protection fund--deer habitat reserve 1,671,200

Game and fish protection fund--turkey permit fees 932,000

Game and fish protection fund--waterfowl fees 111,700

Nongame wildlife fund 544,500

State general fund/general purpose $ 461,600

Sec. 106. FISHERIES MANAGEMENT

Full-time equated classified positions 229.0

Fisheries administration--12.5 FTE positions $ 1,245,600

Fisheries resource management--142.4 FTE positions 10,065,900

Commercial fisheries--2.7 FTE positions 177,400

St. Mary's river - Little Rapids restoration project 250,000

Recreational fisheries--14.0 FTE positions 1,649,300

Fish production--57.4 FTE positions 6,779,000

Inplace river hatchery - Au Sable River 62,300

Treaty waters management fund work project 138,200

Stream habitat improvement 1,151,100

GROSS APPROPRIATION $ 21,518,800

Appropriated from:

Federal revenues:

DOE-federal 1,000

DOC-federal 42,100

DOI-federal 5,933,400

EPA-federal 130,100

IGLFC-federal 20,100

Special revenue funds:

Commercial fishing fee revenue 200

Game and fish protection fund 15,253,700

State general fund/general purpose $ 138,200

Sec. 107. PARKS AND RECREATION

Full-time equated classified positions 837.0

State parks--610.2 FTE positions $ 36,200,500

Lake sewer projects 150,000

MacMullan conference center--7.0 FTE positions 1,303,400

Recreational boating--202.1 FTE positions 10,563,800

Public access site signs - aquatic nuisance control 15,000

Michigan civilian conservation corps--3.0 FTE positions 3,443,000

Engineering--14.7 FTE positions 1,211,500

Cost of marine fuel purchased for resale 775,000

GROSS APPROPRIATION $ 53,662,200

Appropriated from:

Interdepartmental grant revenues:

IDG-MJC, economic development job training funds 1,000,000

IDG-engineering services to work orders 1,004,700

IDG-MacMullan conference center revenue 1,303,400

IDT-interdivisional charges 168,400

Federal revenues:

EPA-federal 95,900

Special revenue funds:

Harbor development fund 220,300

Michigan civilian conservation corps endowment fund 1,261,300

Michigan state parks endowment fund 3,919,400

Michigan state waterways fund 10,395,300

Motor fuel sales 775,000

Park improvement fund 23,968,100

Private funds 257,800

State general fund/general purpose $ 9,292,600

Sec. 108. MACKINAC ISLAND STATE PARK

Full-time equated classified positions 48.0

Mackinac Island park operation--23.0 FTE positions $ 1,584,400

Historical facilities system--25.0 FTE positions 1,703,300

GROSS APPROPRIATION $ 3,287,700

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT-state trunkline fund 36,300

Special revenue funds:

Airport and park operation fees 40,900

Mackinac Island state park fund 1,329,400

State general fund/general purpose $ 1,881,100

Sec. 109. FOREST RESOURCE MANAGEMENT

Full-time equated classified positions 340.0

Timber harvest--102.0 FTE positions $ 7,925,300

Forest cultivation and reforestation--23.0 FTE positions 3,924,700

Forest resource planning and land use--21.0 FTE positions 2,909,800

Private forest development--10.5 FTE positions 862,100

Forest finance authority--9.0 FTE positions 1,643,700

Forest fire protection--141.5 FTE positions 9,432,600

Forest recreation--15.5 FTE positions 1,775,700

Trails--17.5 FTE positions 2,231,800

Abandoned mine shaft closure 350,000

Forest management initiative 1,100,000

Forest fire equipment 500,000

GROSS APPROPRIATION $ 32,655,700

Appropriated from:

Federal revenues:

DAG-federal 1,252,400

DOD-federal 10,700

EPA-federal 41,500

Special revenue funds:

Private funds 761,000

Forest camping fee revenue 795,500

Forest resource revenue 18,808,500

Game and fish protection fund 634,700

Marine safety fund 125,500

Michigan state waterways fund 341,800

Off-road vehicle trail improvement fund 342,700

Recreation improvement fund 282,700

Shop fees 50,700

Snowmobile trail improvement fund 1,606,400

State general fund/general purpose $ 7,601,600

Sec. 110. REAL ESTATE

Full-time equated classified positions 74.0

Records and services--15.3 FTE positions 4,250,600

Minerals management--15.3 FTE positions 1,393,200

Land acquisition and exchange--16.2 FTE positions 7,291,400

Urban tax reverted residential property rehabilitation 20,000

Michigan resource inventory system--18.2 FTE positions 2,750,900

Farmland and open space preservation--7.0 FTE positions 550,400

Geological mapping--2.0 FTE positions 235,400

GROSS APPROPRIATION $ 16,491,900

Appropriated from:

Interdepartmental grant revenues:

IDG-land acquisition services to work orders 819,000

Special revenue funds:

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

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

The question being on the adoption of the conference report,

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

Roll Call No. 768 Yeas--87

Agee DeVuyst Hood Palamara

Alley Dobb Jelinek Price

Anthony Dobronski Kelly Prusi

Baade Emerson Kilpatrick Quarles

Baird Fitzgerald Kukuk Rhead

Bankes Frank LaForge Rison

Basham Freeman Law Rocca

Birkholz Gagliardi Leland Schauer

Bogardus Galloway LeTarte Schermesser

Brackenridge Geiger Llewellyn Schroer

Brater Gernaat London Scott

Brewer Gilmer Lowe Scranton

Brown Gire Mans Stallworth

Callahan Goschka Martinez Tesanovich

Cassis Green Mathieu Thomas

Cherry Griffin McBryde Varga

Ciaramitaro Gubow McManus Vaughn

Crissman Gustafson Middaugh Walberg

Cropsey Hale Middleton Wallace

Curtis Hanley Murphy Wetters

Dalman Harder Nye Wojno

DeHart Hertel Olshove

Nays--20

Bobier Jansen Owen Sanborn

Byl Jellema Perricone Sikkema

Godchaux Johnson Profit Voorhees

Hammerstrom Kaza Raczkowski Whyman

Horton McNutt Richner Willard

In The Chair: Hertel

______

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

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

Third Reading of Bills

House Bill No. 5880, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1137a.

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

Roll Call No. 769 Yeas--103

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Geiger Leland Rison

Basham Gernaat LeTarte Rocca

Birkholz Gilmer Llewellyn Sanborn

Bobier Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Crissman Hanley Murphy Varga

Cropsey Harder Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Walberg

DeHart Jansen Palamara Wallace

DeVuyst Jelinek Parks Wetters

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson Kaza Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

House Bill No. 5881, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.

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

Roll Call No. 770 Yeas--103

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Geiger Leland Rison

Basham Gernaat LeTarte Rocca

Birkholz Gilmer Llewellyn Sanborn

Bobier Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Crissman Hanley Murphy Varga

Cropsey Harder Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Walberg

DeHart Jansen Palamara Wallace

DeVuyst Jelinek Parks Wetters

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson Kaza Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

______

Rep. Rhead moved that Rep. McNutt be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5884, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.

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

Roll Call No. 771 Yeas--102

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Raczkowski

Baird Galloway Law Rhead

Bankes Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bobier Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brater Green Martinez Schroer

Brewer Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Cassis Hale Middaugh Stallworth

Cherry Hammerstrom Middleton Tesanovich

Crissman Hanley Murphy Thomas

Cropsey Harder Nye Varga

Curtis Hood Olshove Vaughn

Dalman Horton Owen Voorhees

DeHart Jansen Palamara Walberg

DeVuyst Jelinek Parks Wallace

Dobb Jellema Perricone Willard

Dobronski Johnson Price Wojno

Emerson Kaza

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

House Bill No. 5248, entitled

A bill to amend 1913 PA 271, entitled "An act to create the Michigan historical commission; to provide for the appointment of members of the commission; to fix their terms of office, prescribe their powers and duties; to prescribe the powers and duties of certain state agencies and officers; to make an appropriation to carry out the provisions of this act; to provide for the distribution of certain revenue; to provide for the listing and destruction of useless documents, books and papers; and to repeal all acts and parts of acts inconsistent herewith," by amending section 4 (MCL 399.4), as amended by 1992 PA 190, and by adding section 4b.

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

Roll Call No. 772 Yeas--103

Agee Fitzgerald Kaza Prusi

Alley Frank Kelly Quarles

Anthony Freeman Kilpatrick Raczkowski

Baade Gagliardi Kukuk Rhead

Baird Galloway LaForge Richner

Bankes Geiger Law Rison

Basham Gernaat Leland Rocca

Birkholz Gilmer LeTarte Sanborn

Bobier Gire Llewellyn Schauer

Bogardus Godchaux London Schermesser

Brackenridge Goschka Lowe Schroer

Brater Green Mans Scott

Brewer Griffin Mathieu Scranton

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Crissman Hanley Murphy Varga

Cropsey Harder Nye Vaughn

Curtis Hertel Olshove Voorhees

Dalman Hood Owen Walberg

DeHart Horton Palamara Wallace

DeVuyst Jansen Parks Wetters

Dobb Jelinek Perricone Willard

Dobronski Jellema Price Wojno

Emerson Johnson Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Alley, Baird, Birkholz, Brackenridge, Cassis, Crissman, DeHart, DeVuyst, Gagliardi, Gire, Goschka, Gubow, Gustafson, Jansen, Jelinek, Kukuk, Law, London, Mans, Martinez, McBryde, Middaugh, Rocca, Schauer, Scott, Thomas, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

______

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

The motion prevailed.

House Bill No. 5820, entitled

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

The bill was read a third time.

The question being on the passage of the bill,

Rep. Gire moved to amend the bill as follows:

1. Amend page 1, line 5, after "IMMUNIZATIONS" by inserting a comma and "OR OTHER CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDED VACCINES,".

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

The question being on the passage of the bill,

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

Roll Call No. 773 Yeas--99

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baade Galloway LaForge Raczkowski

Baird Geiger Law Rhead

Bankes Gernaat Leland Richner

Basham Gilmer LeTarte Rison

Birkholz Gire Llewellyn Rocca

Bobier Godchaux London Sanborn

Bogardus Goschka Lowe Schauer

Brackenridge Green Mans Schermesser

Brater Griffin Martinez Schroer

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Cassis Hammerstrom McNutt Stallworth

Cherry Hanley Middaugh Tesanovich

Crissman Harder Middleton Thomas

Cropsey Hood Murphy Varga

Curtis Horton Nye Vaughn

Dalman Jansen Olshove Voorhees

DeHart Jelinek Palamara Walberg

DeVuyst Jellema Parks Wetters

Dobb Johnson Perricone Willard

Dobronski Kaza Price Wojno

Fitzgerald Kelly Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

______

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

House Bill No. 5875, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a).

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

Roll Call No. 774 Yeas--102

Alley Frank Kelly Price

Anthony Freeman Kilpatrick Profit

Baade Gagliardi Kukuk Prusi

Baird Galloway LaForge Quarles

Bankes Geiger Law Raczkowski

Basham Gernaat Leland Rhead

Birkholz Gilmer LeTarte Richner

Bobier Gire Llewellyn Rison

Bogardus Godchaux London Rocca

Brackenridge Goschka Lowe Sanborn

Brater Green Mans Schauer

Brewer Griffin Martinez Schermesser

Brown Gubow Mathieu Schroer

Byl Gustafson McBryde Scott

Cassis Hale McManus Scranton

Cherry Hammerstrom McNutt Sikkema

Crissman Hanley Middaugh Stallworth

Cropsey Harder Middleton Tesanovich

Curtis Hertel Murphy Thomas

Dalman Hood Nye Varga

DeHart Horton Olshove Vaughn

DeVuyst Jansen Owen Voorhees

Dobb Jelinek Palamara Walberg

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald Kaza

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5871, entitled

A bill to provide for the sale of real and personal property for less than its market value by a local governmental unit to a nonprofit charitable organization under certain circumstances.

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

Roll Call No. 775 Yeas--102

Agee Frank Kelly Price

Alley Freeman Kilpatrick Profit

Anthony Gagliardi Kukuk Prusi

Baade Galloway LaForge Quarles

Baird Geiger Law Raczkowski

Bankes Gernaat Leland Rhead

Basham Gilmer LeTarte Richner

Birkholz Gire Llewellyn Rison

Bobier Godchaux London Rocca

Bogardus Goschka Lowe Sanborn

Brackenridge Green Mans Schauer

Brater Griffin Martinez Schermesser

Brewer Gubow Mathieu Schroer

Brown Gustafson McBryde Scott

Byl Hale McManus Scranton

Cassis Hammerstrom McNutt Sikkema

Cherry Hanley Middaugh Stallworth

Crissman Harder Middleton Tesanovich

Cropsey Hertel Murphy Thomas

Curtis Hood Nye Varga

Dalman Horton Olshove Vaughn

DeHart Jansen Owen Voorhees

DeVuyst Jelinek Palamara Walberg

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Fitzgerald Kaza

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5801, entitled

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

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

Roll Call No. 776 Yeas--99

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baade Gagliardi Kukuk Quarles

Baird Galloway LaForge Raczkowski

Bankes Geiger Law Rhead

Basham Gernaat Leland Richner

Birkholz Gilmer Llewellyn Rison

Bobier Gire London Rocca

Bogardus Godchaux Lowe Sanborn

Brackenridge Goschka Mans Schauer

Brater Green Martinez Schermesser

Brewer Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Crissman Hanley Middleton Thomas

Cropsey Harder Murphy Varga

Curtis Hertel Nye Vaughn

Dalman Horton Olshove Voorhees

DeHart Jansen Owen Walberg

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Dobronski Johnson Perricone

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Anthony, Baade, Basham, Cassis, Cherry, Crissman, DeHart, DeVuyst, Gagliardi, Gernaat, Gilmer, Gire, Goschka, Hammerstrom, Horton, Jelinek, Jellema, Kaza, Law, Llewellyn, London, Lowe, McBryde, McNutt, Middleton,Nye, Perricone, Raczkowski, Rhead, Scranton, Sikkema, Varga, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 5892, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 6 (MCL 208.6) and by adding section 21b.

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

Roll Call No. 777 Yeas--101

Agee Frank Kelly Price

Alley Freeman Kilpatrick Profit

Anthony Gagliardi Kukuk Prusi

Baade Galloway LaForge Quarles

Baird Geiger Law Raczkowski

Bankes Gernaat Leland Rhead

Basham Gilmer LeTarte Richner

Birkholz Gire Llewellyn Rison

Bobier Godchaux London Rocca

Bogardus Goschka Lowe Sanborn

Brackenridge Green Mans Schauer

Brater Griffin Martinez Schermesser

Brewer Gubow Mathieu Schroer

Brown Gustafson McBryde Scott

Byl Hale McManus Scranton

Cassis Hammerstrom McNutt Sikkema

Cherry Hanley Middaugh Stallworth

Crissman Harder Middleton Tesanovich

Cropsey Hertel Murphy Thomas

Curtis Horton Nye Varga

Dalman Jansen Olshove Vaughn

DeHart Jelinek Owen Voorhees

DeVuyst Jellema Palamara Walberg

Dobb Johnson Parks Willard

Dobronski Kaza Perricone Wojno

Fitzgerald

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5909, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 27a (MCL 205.27a), as amended by 1993 PA 14.

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

Roll Call No. 778 Yeas--95

Alley Freeman Kukuk Prusi

Anthony Gagliardi LaForge Raczkowski

Baade Galloway Law Rhead

Baird Geiger Leland Richner

Bankes Gernaat LeTarte Rison

Basham Gilmer Llewellyn Rocca

Birkholz Gire London Sanborn

Bobier Godchaux Lowe Schauer

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Griffin Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Hale McManus Sikkema

Byl Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Crissman Horton Murphy Varga

Curtis Jansen Nye Vaughn

DeHart Jelinek Olshove Voorhees

DeVuyst Jellema Owen Walberg

Dobb Johnson Palamara Wallace

Dobronski Kaza Perricone Willard

Fitzgerald Kelly Price Wojno

Frank Kilpatrick Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate requested the return of

Senate Bill No. 273, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.

Rep. Gagliardi moved that the request of the Senate be granted.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4163, entitled

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

(The bill was received from the Senate on June 30, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 65, p. 1683.)

The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 779 Yeas--93

Alley Frank LaForge Prusi

Anthony Gagliardi Law Quarles

Baade Galloway Leland Raczkowski

Baird Geiger LeTarte Rhead

Bankes Gernaat Llewellyn Richner

Basham Gilmer London Rison

Birkholz Gire Lowe Rocca

Bobier Goschka Mans Sanborn

Bogardus Green Mathieu Schauer

Brackenridge Griffin McBryde Schermesser

Brater Gustafson McManus Schroer

Brown Hale McNutt Scott

Byl Hammerstrom Middaugh Sikkema

Cassis Hanley Middleton Stallworth

Cherry Harder Murphy Tesanovich

Crissman Horton Nye Thomas

Cropsey Jansen Olshove Varga

Curtis Jelinek Owen Vaughn

Dalman Jellema Palamara Voorhees

DeHart Johnson Parks Walberg

DeVuyst Kaza Perricone Wallace

Dobb Kelly Price Willard

Dobronski Kukuk Profit Wojno

Fitzgerald

Nays--8

Agee Freeman Gubow Martinez

Brewer Godchaux Kilpatrick Scranton

In The Chair: Gire

The House agreed to the full title.

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

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

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

______

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

"Mr. Speaker and members of the House:

I voted No on HB 4163 because I do not believe religious organizations should be forcibly supported by all the taxpayers of the State of Michigan. Michigan citizens must be able to freely support those religious organizations they want and not be forced by legislative action."

The Speaker laid before the House

House Bill No. 4743, entitled

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

(The bill was received from the Senate on June 30, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 65, p. 1683.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 780 Yeas--91

Alley Fitzgerald Kukuk Prusi

Anthony Frank Law Quarles

Baade Gagliardi Leland Raczkowski

Baird Galloway LeTarte Rhead

Bankes Geiger Llewellyn Richner

Basham Gernaat London Rison

Birkholz Gilmer Lowe Rocca

Bobier Gire Mans Sanborn

Bogardus Goschka Mathieu Schauer

Brackenridge Green McBryde Schermesser

Brater Griffin McManus Schroer

Brown Gustafson McNutt Scott

Byl Hale Middaugh Sikkema

Cassis Hammerstrom Middleton Stallworth

Cherry Hanley Murphy Tesanovich

Crissman Harder Nye Thomas

Cropsey Horton Olshove Vaughn

Curtis Jansen Owen Voorhees

Dalman Jelinek Palamara Walberg

DeHart Jellema Parks Wallace

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski Kelly Profit

Nays--10

Agee Freeman Kilpatrick Scranton

Brewer Godchaux Martinez Varga

Ciaramitaro Gubow

In The Chair: Gire

The House agreed to the full title.

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

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

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

______

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

"Mr. Speaker and members of the House:

I voted No on HB 4743 because I do not believe religious organizations should be forcibly supported by all the taxpayers of the State of Michigan. Michigan citizens must be able to freely support those religious organizations they want and not be forced to by legislative action."

Second Reading of Bills

House Bill No. 5956, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 904c, 904d, 904e, and 904f.

(The bill was read a second time, substitute (H-1) adopted, amended, amendment offered and bill postponed for the day on June 30, see House Journal No. 65, pp. 1676, 1680.)

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

Rep. Voorhees withdrew the demand for yeas and nays.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5956, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 904c, 904d, 904e, and 904f.

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

Roll Call No. 781 Yeas--98

Agee Frank Kukuk Prusi

Alley Freeman LaForge Quarles

Anthony Gagliardi Law Raczkowski

Baade Galloway Leland Rhead

Baird Geiger LeTarte Richner

Bankes Gernaat Llewellyn Rison

Basham Gilmer London Rocca

Birkholz Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Gubow McBryde Scott

Brown Gustafson McManus Scranton

Byl Hale McNutt Sikkema

Cherry Hammerstrom Middaugh Stallworth

Crissman Hanley Middleton Tesanovich

Cropsey Harder Nye Thomas

Curtis Horton Olshove Varga

Dalman Jansen Owen Vaughn

DeHart Jelinek Palamara Voorhees

DeVuyst Jellema Parks Walberg

Dobb Johnson Perricone Wallace

Dobronski Kaza Price Willard

Emerson Kelly Profit Wojno

Fitzgerald Kilpatrick

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Bankes, Basham, Birkholz, Brackenridge, Byl, Cassis, Cherry, DeHart, DeVuyst, Dobb, Fitzgerald, Freeman, Gagliardi, Gire, Goschka, Gubow, Hale, Hanley, Horton, Jansen, Jelinek, Jellema, Kaza, Kelly, Kukuk, Law, London, Mans, Mathieu, Middleton, Owen, Profit, Richner, Rocca, Schauer, Schermesser, Scott, Scranton, Sikkema, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4961, entitled

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

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4961, 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. 782 Yeas--96

Agee Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baade Gagliardi LaForge Raczkowski

Baird Galloway Law Rhead

Bankes Geiger Leland Richner

Basham Gernaat LeTarte Rison

Birkholz Gilmer Llewellyn Rocca

Bobier Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brown Green Martinez Schroer

Byl Gubow Mathieu Scott

Cassis Gustafson McBryde Scranton

Cherry Hale McManus Sikkema

Crissman Hammerstrom McNutt Stallworth

Cropsey Hanley Middaugh Tesanovich

Curtis Harder Middleton Thomas

Dalman Horton Olshove Varga

DeHart Jansen Owen Vaughn

DeVuyst Jelinek Palamara Voorhees

Dobb Jellema Parks Walberg

Dobronski Johnson Perricone Wallace

Emerson Kaza Price Willard

Fitzgerald Kelly Profit Wojno

Nays--0

In The Chair: Gire

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904f.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Bankes, Birkholz, Bogardus, Brackenridge, Brewer, Byl, Cassis, Crissman, Dobb, Freeman, Gernaat, Gilmer, Gire, Goschka, Gubow, Hale, Hanley, Jansen, Jelinek, Jellema, Mans, Martinez, McBryde, Middaugh, Richner, Rocca, Sanborn, Schauer and Voorhees were named co-sponsors of the bill.

House Bill No. 4576, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 303 (MCL 257.303), as amended by 1996 PA 587.

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

Roll Call No. 783 Yeas--100

Agee Emerson Kilpatrick Profit

Alley Fitzgerald Kukuk Prusi

Anthony Frank LaForge Quarles

Baade Freeman Law Raczkowski

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Richner

Basham Geiger Llewellyn Rison

Birkholz Gernaat London Rocca

Bobier Gilmer Lowe Sanborn

Bogardus Gire Mans Schauer

Brackenridge Godchaux Martinez Schermesser

Brater Goschka Mathieu Schroer

Brewer Green McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Cassis Hale Middaugh Stallworth

Cherry Hammerstrom Middleton Tesanovich

Crissman Hanley Murphy Thomas

Cropsey Harder Nye Varga

Curtis Horton Olshove Vaughn

Dalman Jansen Owen Voorhees

DeHart Jelinek Palamara Walberg

DeVuyst Jellema Parks Wallace

Dobb Johnson Perricone Willard

Dobronski Kaza Price Wojno

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Agee, Alley, Anthony, Birkholz, Bogardus, Brackenridge, Byl, Cassis, Crissman, Dalman, DeHart, DeVuyst, Dobb, Fitzgerald, Freeman, Gernaat, Gire, Gubow, Hammerstrom, Jansen, Jelinek, Jellema, Kukuk, LaForge, Law, Llewellyn, London, Mans, Martinez, McBryde, Middaugh, Rhead, Sanborn, Sikkema, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 4959, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5a, 8a, 44a, 258, 319, 319b, 625, 625b, and 625m (MCL 257.5a, 257.8a, 257.44a, 257.258, 257.319, 257.319b, 257.625, 257.625b, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 319 as amended by 1996 PA587, section 319b as amended by 1996 PA 404, sections 625 and 625m as amended by 1996 PA 491, and section 625b as amended by 1994 PA 450, and by adding sections 23b and 204b.

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

Roll Call No. 784 Yeas--99

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Geiger Leland Rison

Basham Gernaat LeTarte Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Crissman Harder Murphy Varga

Cropsey Hood Nye Vaughn

Curtis Horton Owen Voorhees

Dalman Jansen Palamara Walberg

DeHart Jelinek Parks Wallace

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Dobronski Kaza Profit

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baird, Basham, Birkholz, Cassis, DeHart, Freeman, Gernaat, Gilmer, Gire, Godchaux, Goschka, Gubow, Gustafson, Hammerstrom, Hanley, Horton, Jansen, Jelinek, Jellema, Johnson, Kelly, Law, London, Lowe, Mans, Martinez, McBryde, Middaugh, Middleton, Nye, Profit, Prusi, Rocca, Scott, Sikkema, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 4960, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 321a, 625a, 625i, and 625n (MCL 257.303, 257.321a, 257.625a, 257.625i, and 257.625n), section 303 as amended by 1996 PA 587, sections 321a and 625i as amended by 1996 PA 493, and section 625a as amended and section 625n as added by 1996 PA 491, and by adding sections 904c, 904d, 904e, 904f, 904g, and 915.

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

Roll Call No. 785 Yeas--102

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Law Rhead

Bankes Galloway Leland Richner

Basham Geiger LeTarte Rison

Birkholz Gernaat Llewellyn Rocca

Bobier Gilmer London Sanborn

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Ciaramitaro Hanley Middleton Thomas

Crissman Harder Murphy Varga

Cropsey Hood Nye Vaughn

Curtis Horton Olshove Voorhees

Dalman Jansen Owen Walberg

DeHart Jelinek Palamara Wallace

DeVuyst Jellema Perricone Willard

Dobb Johnson Price Wojno

Dobronski Kaza

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baird, Basham, Birkholz, Bogardus, Brackenridge, Byl, Cassis, Crissman, Dalman, DeHart, DeVuyst, Dobb, Freeman, Gagliardi, Gernaat, Gilmer, Gire, Godchaux, Goschka, Gubow, Hale, Hammerstrom, Hanley, Harder, Horton, Jansen, Jelinek, Jellema, Johnson, Kelly, Law, Llewellyn, Mans, McBryde, Middaugh, Middleton, Nye, Profit, Rhead, Rocca, Scott, Scranton, Sikkema, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 5951, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 44a, 303, 625, 625a, 625c, 625g, and 625m (MCL 257.8a, 257.44a, 257.303, 257.625, 257.625a, 257.625c, 257.625g, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 303 as amended by 1996 PA 587, sections 625, 625a, and 625m as amended by 1996 PA 491, and sections 625c and 625g as amended by 1994 PA 450, and by adding section 23b.

The bill was read a third time.

The question being on the passage of the bill,

Reps. Hanley and Fitzgerald moved to amend the bill as follows:

1. Amend page 3, line 18, after "a" by striking out "motor".

2. Amend page 3, line 27, after "VIOLATION" by striking out "OF" and inserting "DESCRIBED IN".

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

The question being on the passage of the bill,

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

Roll Call No. 786 Yeas--102

Agee Fitzgerald Kilpatrick Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Basham Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bobier Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Gubow McBryde Scott

Brown Gustafson McManus Scranton

Byl Hale McNutt Sikkema

Cassis Hammerstrom Middaugh Stallworth

Cherry Hanley Middleton Tesanovich

Ciaramitaro Harder Murphy Thomas

Crissman Hood Nye Varga

Cropsey Horton Olshove Vaughn

Curtis Jansen Owen Voorhees

Dalman Jelinek Palamara Walberg

DeHart Jellema Parks Wallace

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski Kelly

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baird, Bankes, Birkholz, Brackenridge, Byl, Cassis, Dalman, DeHart, DeVuyst, Dobb, Freeman, Gernaat, Gilmer, Gire, Goschka, Gubow, Hammerstrom, Hanley, Harder, Horton, Jansen, Jelinek, Jellema, Johnson, Kelly, Law, McBryde, Middleton, Palamara, Raczkowski, Schauer, Schermesser, Scott, Varga, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 5952, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 904c, 904d, 904e, and 904f.

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

Roll Call No. 787 Yeas--96

Agee Dobronski Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kilpatrick Prusi

Baade Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rocca

Bobier Gilmer London Sanborn

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McNutt Sikkema

Cassis Hale Middaugh Stallworth

Cherry Hammerstrom Middleton Tesanovich

Crissman Hanley Murphy Varga

Cropsey Harder Nye Vaughn

Curtis Horton Olshove Voorhees

Dalman Jansen Owen Walberg

DeHart Jelinek Palamara Wallace

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Nays--0

In The Chair: Gire

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Baird, Bankes, Basham, Birkholz, Bogardus, Brackenridge, Byl, Cassis, Crissman, Dalman, DeHart, DeVuyst, Dobb, Fitzgerald, Freeman, Gagliardi, Gernaat, Gire, Goschka, Gubow, Gustafson, Hammerstrom, Horton, Jansen, Jelinek, Jellema, Kelly, Law, Llewellyn, McBryde, Middaugh, Middleton, Richner, Rocca, Sanborn, Scranton, Sikkema, Thomas, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 5953, entitled

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

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

Roll Call No. 788 Yeas--102

Agee Fitzgerald Kilpatrick Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Basham Gernaat Llewellyn Rocca

Birkholz Gire London Sanborn

Bobier Godchaux Lowe Schauer

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Gubow Mathieu Scott

Brewer Gustafson McBryde Scranton

Brown Hale McManus Sikkema

Byl Hammerstrom McNutt Stallworth

Callahan Hanley Middaugh Tesanovich

Cassis Harder Middleton Thomas

Cherry Hertel Murphy Varga

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Palamara Wallace

DeHart Jellema Parks Wetters

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski Kelly

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Alley, Baird, Basham, Birkholz, Bogardus, Brackenridge, Byl, Callahan, Cassis, Crissman, Dalman, DeHart, Dobb, Fitzgerald, Freeman, Gernaat, Gire, Goschka, Gustafson, Hanley, Horton, Jansen, Jelinek, Jellema, Kelly, Law, London, Mans, McBryde, Middaugh, Olshove, Profit, Richner, Rocca, Sanborn, Schauer, Scott, Scranton, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

House Bill No. 5954, entitled

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

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

Roll Call No. 789 Yeas--102

Agee Fitzgerald Kilpatrick Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Law Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Parks Wallace

DeHart Jellema Perricone Wetters

DeVuyst Johnson Price Willard

Dobb Kaza Profit Wojno

Dobronski Kelly

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Alley, Anthony, Baird, Basham, Birkholz, Bogardus, Brackenridge, Byl, Callahan, Cassis, Crissman, Dalman, DeHart, Dobb, Dobronski, Fitzgerald, Gagliardi, Gernaat, Gilmer, Gire, Goschka, Gubow, Hammerstrom, Hanley, Harder, Horton, Jansen, Jellema, Kaza, Kelly, Law, Mans, McBryde, Middaugh, Middleton, Nye, Olshove, Richner, Rocca, Sanborn, Schauer, Scott, Scranton, Varga and Vaughn were named co-sponsors of the bill.

House Bill No. 5955, entitled

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

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

Roll Call No. 790 Yeas--103

Agee Fitzgerald Kilpatrick Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Law Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Palamara Wallace

DeHart Jellema Parks Wetters

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski Kelly Profit

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Reps. Anthony, Baird, Bankes, Basham, Birkholz, Bogardus, Brackenridge, Brown, Cassis, Crissman, Dalman, DeHart, Dobb, Freeman, Gire, Goschka, Gubow, Gustafson, Hammerstrom, Hanley, Harder, Jansen, Jellema, Johnson, Kelly, Law, Llewellyn, Mans, Martinez, McBryde, Middleton, Olshove, Profit, Rocca, Sanborn, Schauer, Scott, Scranton, Sikkema, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

______

Rep. Callahan, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 769-778 and 781-783. Had I been present, I would have voted 'yes'."

______

Rep. Hale moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

Senate Bill No. 907, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

First Conference Report

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

Senate Bill No. 907, entitled

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:

1. Amend page 1, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for community colleges and certain other state purposes relating to education for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

COMMUNITY COLLEGES

GROSS APPROPRIATION $ 282,000,000

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 282,000,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total local and private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 282,000,000

Sec. 102. OPERATIONS

Alpena Community College $ 4,557,252

Bay de Noc Community College 4,220,690

Delta College 13,199,307

Glen Oaks Community College 2,010,948

Gogebic Community College 3,991,939

Grand Rapids Community College 17,381,780

Henry Ford Community College 19,643,681

Jackson Community College 11,563,803

Kalamazoo Valley Community College 10,108,380

Kellogg Community College 8,387,943

Kirtland Community College 2,848,415

Lake Michigan College 4,589,230

Lansing Community College 28,517,734

Macomb Community College 31,109,093

Mid Michigan Community College 3,735,994

Monroe County Community College 3,664,952

Montcalm Community College 2,955,481

C.S. Mott Community College 14,602,384

Muskegon Community College 8,211,204

North Central Michigan College 2,738,746

Northwestern Michigan College 8,050,662

Oakland Community College 20,231,211

St. Clair County Community College 6,465,131

Schoolcraft College 10,982,897

Southwestern Michigan College 5,355,807

Washtenaw Community College 10,554,270

Wayne County Community College 16,066,808

West Shore Community College 2,116,692

GROSS APPROPRIATION $ 277,862,434

Appropriated from:

State general fund/general purpose $ 277,862,434

Sec. 103. GRANTS

At-risk student success program $ 3,584,566

Renaissance zone tax reimbursement funding 553,000

GROSS APPROPRIATION $ 4,137,566

Appropriated from:

State general fund/general purpose $ 4,137,566".

2. Amend page 4, line 6, after "at" by striking out "$287,954,975.00" and inserting "$282,000,000.00".

3. Amend page 4, line 8, after "at" by striking out "$287,954,975.00" and inserting "$282,000,000.00".

4. Amend page 4, line 19, by striking out all of section 203 and inserting:

"Sec. 203. (1) The sums appropriated in this act are appropriated for community colleges with fiscal years ending June 30, 1999 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 1998. Each community college shall accrue its July and August 1999 payments to its institutional fiscal year ending June 30, 1999. However, if a community college fails to submit all verified Michigan community colleges activities classification structure data for school year 1997-98 to the department of education by November 1, 1998, the monthly installments shall be withheld from that community college until those data are submitted. The department of education shall publish the activities classification structure manual for Michigan community colleges on or before March 1, 1999 for use by the legislature during budget development for the fiscal year ending September 30, 2000. The amount from the funds appropriated in part 1 that is allocated under section 401 to address the special needs of at-risk students shall be paid in full by the state treasurer by November 1, 1998. The amount distributed to a community college or department shall not exceed the net state allocation authorized by this act.

(2) Except as otherwise provided by law, each of the amounts appropriated shall be used solely for the respective purposes stated in this act. The funds appropriated by this act may be used to match the cost of any available programs under the Carl D. Perkins vocational and applied technology education act, Public Law 88-210, 98 Stat. 2435, including local administration.".

5. Amend page 8, line 26, by striking out all of section 210 and inserting:

"Sec. 210. The department of education shall ensure that a statistical report for minorities and women employees for the most recent school year as submitted to the federal government on the EEO-6 form be included in the Michigan Community Colleges Enrollment Profile published by the department of education. Also included in this profile shall be a statistical report for the most recent school year that includes enrollment statistics for minorities and women as submitted to the department of education. The department of education shall distribute a copy of this report to members of the house and senate appropriations subcommittees on community colleges and the house and senate fiscal agencies no later than March 1, 1999.".

6. Amend page 11, line 15, after "reimburse" by striking out "over 4 fiscal years".

7. Amend page 13, line 3, by striking out all of section 222.

8. Amend page 13, line 15, after "issues" by striking out "quarterly" and inserting "biannual".

9. Amend page 13, following line 21, section 224, after "to" by striking out "establish a per student funding floor from all sources of $7,421.00" and inserting "achieve full funding of the Gast-Mathieu fairness in funding formula and to establish a per student funding floor from all sources".

10. Amend page 13, following line 21, following section 227, by striking out all of section 228.

11. Amend page 14, line 24, after "gram," by striking out "$1,260,000.00" and inserting "$1,120,000.00".

12. Amend page 14, line 24, after "of" by striking out "$45,000.00" and inserting "$40,000.00".

13. Amend page 15, line 11, after "follows:" by striking out the balance of the subsection and inserting:

"Alpena Community College $ 126,215

Bay de Noc Community College 122,239

Delta College 104,543

Glen Oaks Community College 126,914

Gogebic Community College 73,459

Grand Rapids Community College 73,167

Henry Ford Community College 164,082

Jackson Community College 109,669

Kalamazoo Valley Community College 117,532

Kellogg Community College 143,437

Kirtland Community College 138,127

Lake Michigan College 174,317

Lansing Community College 106,828

Macomb Community College 85,344

Mid-Michigan Community College 124,193

Monroe Community College 100,926

Montcalm Community College 71,215

Mott Community College 110,568

Muskegon Community College 199,964

North Central Michigan College 118,681

Northwestern Michigan College 134,817

Oakland Community College 161,743

St. Clair Community College 76,110

Schoolcraft College 157,115

Southwestern Michigan College 187,371

Washtenaw Community College 135,213

Wayne County Community College 207,316

West Shore Community College 133,461".

14. Amend page 19, line 15, by striking out "8%" and inserting "a portion".

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

Harry Gast

Dan L. DeGrow

Jackie Vaughn III

Conferees for the Senate

Hubert Price, Jr.

Thomas C. Mathieu

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

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

The question being on the adoption of the conference report,

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

Roll Call No. 791 Yeas--99

Agee DeVuyst Jansen Price

Alley Dobb Jelinek Profit

Anthony Dobronski Jellema Prusi

Baade Emerson Kaza Quarles

Baird Fitzgerald Kelly Raczkowski

Bankes Frank Kukuk Rhead

Basham Freeman Law Richner

Birkholz Gagliardi Leland Rison

Bobier Galloway LeTarte Rocca

Bodem Geiger Llewellyn Sanborn

Bogardus Gernaat London Schauer

Brackenridge Gilmer Lowe Schermesser

Brater Gire Mans Schroer

Brewer Godchaux Martinez Scranton

Brown Goschka Mathieu Sikkema

Byl Green McBryde Stallworth

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Ciaramitaro Hammerstrom Nye Walberg

Crissman Hanley Olshove Wallace

Cropsey Harder Owen Wetters

Curtis Hertel Palamara Willard

Dalman Hood Parks Wojno

DeHart Horton Perricone

Nays--3

Kilpatrick Scott Vaughn

In The Chair: Gire

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

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

______

The Speaker resumed the Chair.

Second Reading of Bills

House Bill No. 5407, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4n.

The bill was read a second time.

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

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

The Speaker called Acting Speaker Hanley to the Chair.

Senate Bill No. 880, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing section 2163 (MCL 600.2163).

The bill was read a second time.

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

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

Senate Bill No. 882, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2163a (MCL 600.2163a), as amended by 1989 PA 253.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 44, p. 982),

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

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

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

Senate Bill No. 883, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending sections 17 and 17b of chapter XIIA (MCL 712A.17 and 712A.17b), section 17 as amended by 1997 PA 169 and section 17b as amended by 1989 PA 254.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 44, p. 983),

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

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

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

Senate Bill No. 884, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 4a (MCL 38.104a), as added by 1987 PA 47.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 44, p. 983),

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

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

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

Senate Bill No. 885, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 75a (MCL 24.275a), as added by 1987 PA 46.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 44, p. 984),

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

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

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

House Bill No. 5057, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50 (MCL 750.50), as amended by 1996 PA 458.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 47, p. 1072),

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

Rep. Gubow moved to amend the bill as follows:

1. Amend page 3, line 1, subparagraph (ii), after "DOG" by striking out the balance of the subdivision and inserting a period and "THE DOGHOUSE SHALL HAVE DRY BEDDING WHEN THE OUTDOOR TEMPERATURE IS OR IS PREDICTED TO DROP BELOW FREEZING.

(iii) A STRUCTURE, INCLUDING, BUT NOT LIMITED TO, A GARAGE, BARN, OR SHED THAT IS SUFFICIENTLY INSULATED AND VENTILATED TO PROTECT THE DOG FROM EXPOSURE TO EXTREME TEMPERATURES OR, IF NOT SUFFICIENTLY INSULATED AND VENTILATED, CONTAINS A DOGHOUSE AS PROVIDED UNDER SUBPARAGRAPH (ii) THAT IS ACCESSIBLE TO THE DOG.".

2. Amend page 3, following line 8, subdivision (l), after "THE" by striking out "TEMPORARY".

3. Amend page 4, following line 15, subdivision (G), after "LEAST" by striking out the balance of the subdivision and inserting "3 TIMES THE LENGTH OF THE DOG AS MEASURED FROM THE TIP OF ITS NOSE TO THE BASE OF ITS TAIL AND IS ATTACHED TO A HARNESS OR NONCHOKE COLLAR DESIGNED FOR TETHERING.".

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

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

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

Senate Bill No. 329, entitled

A bill to amend 1984 PA 192, entitled "Forbes mechanical contractors act," by amending section 7 (MCL 338.977), as amended by 1985 PA 168.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 47, p. 1073),

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

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 2, line 20, after "1-" by striking out "OR 2-FAMILY" and inserting "TO 4-FAMILY".

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

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

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

Senate Bill No. 330, entitled

A bill to amend 1929 PA 266, entitled "An act to protect the health, and promote the safety and welfare of the people, by regulating the installation, alteration, maintenance, improvement and inspection of plumbing; to define plumbing and the classification of plumbers; to provide for the issuing of licenses and permits pertaining thereto and the disposition of moneys derived therefrom; to create a plumbing board, and to prescribe its powers and duties; to authorize cities, villages and townships to adopt and enforce certain standards; to establish remedies and fix penalties for violation of the provisions of this act," (MCL 338.901 to 338.917) by adding section 4a.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 47, p. 1074),

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

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 2, line 14, after "1-" by striking out "OR 2-FAMILY" and inserting "TO 4-FAMILY".

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

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

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

Senate Bill No. 331, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 5 (MCL 338.885), as amended by 1992 PA 130.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 47, p. 1074),

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

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 2, line 17, after "1-" by striking out "OR 2-FAMILY" and inserting "TO 4-FAMILY".

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

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

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

Senate Bill No. 808, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1011 (MCL 600.1011), as added by 1996 PA 388; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Nye moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"Enacting section 2. Section 222 of the revised judicature act of 1961, 1961 PA 236, MCL 600.222, is repealed effective January 1, 1999.".

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 821. (1) The following probate judges shall not engage in the practice of law other than as a judge and shall receive, subject to subsection (7), an annual salary provided in this section:

(a) A probate judge of a county that is not part of a proposed probate court district described in section 807.

(b) The probate judge in each probate court district in which a majority of the electors voting on the question in each county of probate court district has approved or approves creation of the district.

(c) A probate judge in a county having a population of 15,000 or more ACCORDING TO THE 1990 FEDERAL DECENNIAL CENSUS, if the county is not part of a probate court district created pursuant to law.

(2) Until the salary of a justice of the supreme court exceeds $128,538.00, each probate judge shall receive an annual salary of $109,257.00 determined as follows:

(a) A minimum annual salary of $63,533.00.

(b) An additional salary of $45,724.00 paid by the county or by the counties comprising a probate court district. If a probate judge receives a total additional salary of $45,724.00 from the county, or from the counties comprising a probate court district, and does not receive less than or more than $45,724.00, including any cost-of-living allowance, the state shall reimburse the county or counties the amount that the county or counties have paid to the judge.

(3) If the salary of a justice of the supreme court exceeds $128,538.00, each probate judge shall receive an annual salary determined as follows:

(a) A minimum annual salary of the difference between 85% of the salary of a justice of the supreme court and $45,724.00.

(4) Six thousand dollars of the minimum annual salary provided in subsection (2), (3), or (4) shall be paid by the county, or by the counties comprising a probate court district, and the balance of that minimum annual salary shall be paid by the state as a grant to the county or the counties comprising the probate court district. The county, or the counties comprising the probate court district, shall in turn pay that amount to the probate judge. Beginning January1, 1997, the state shall annually reimburse the county or counties $6,000.00 for each probate judge to offset the cost of the county or counties required by this section.

(5) The salary provided in this section ~~shall be~~ IS full compensation for all services performed by a probate judge, except as otherwise provided by law. In a probate court district, each county of the district shall contribute to the salary in the same proportion as the population of the county bears to the population of the district.

(6) An additional salary determined by the county board of commissioners may be increased during a term of office but shall not be decreased except to the extent of a general salary reduction in all other branches of government in the county. In a county where an additional salary is granted, it shall be paid at the same rate to all probate judges regularly holding court in the county.

(7) An increase in the amount of salary payable to a judge under subsection (1) caused by an increase in the salary payable to a justice of the supreme court resulting from the operation of ~~Act No. 357 of the Public Acts of 1968, being sections 15.211 to 15.218 of the Michigan Compiled Laws, shall~~ 1968 PA 357, MCL 15.211 TO 15.218, IS not be effective until February 1 of the year in which the increase in the salary of a justice of the supreme court becomes effective. If an increase in salary becomes effective on February 1 of a year in which an increase in the salary of a justice of the supreme court becomes effective, the increase ~~shall be~~ IS retroactive to January 1 of that year.

Sec. 822. (1) The probate judge of a county having a population of less than 15,000 ACCORDING TO THE 1990 FEDERAL DECENNIAL CENSUS and comprising part of a proposed probate court district in which the electors of 1 or more counties ~~thereof~~ OF THE PROBATE COURT DISTRICT did not approve the ~~same~~ PROBATE COURT DISTRICT shall receive an annual salary of $20,000.00. Six thousand dollars of the minimum annual salary provided by this subsection shall be paid by the county and the balance of the minimum annual salary shall be paid by the state as a grant to the county. The county shall, in turn, pay that amount to the probate judge.

(2) The annual salary provided in subsection (1) may be increased but shall not be decreased during the term for which the probate judge has been elected or appointed. This salary ~~shall be~~ IS in full compensation for all services performed by the person as probate judge, except as otherwise provided by law. A probate judge whose annual salary is provided in subsection (1) shall not represent a party in a contested proceeding in the probate court of this state.

(3) In addition to the salary provided in subsection (1), a probate judge may receive from the county in which he or she regularly holds court an additional salary of not more than $43,000.00, as determined by the county board of commissioners. The additional salary may be increased during a term of office but shall not be decreased except to the extent of a general salary reduction in all other branches of government in the county.

(4) The total annual salary of a probate judge, including the salary provided in subsection (1) and any additional salary granted by the county under subsection (3), shall not exceed $63,000.00.

(5) From funds appropriated to the judiciary, the state shall pay to a county described in subsection (1) a state salary standardization payment of $5,750.00 for each probate judge and an additional payment of $6,000.00 for each probate judge to offset the portion of minimum annual salary paid by the county.".

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

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

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

House Bill No. 5887, entitled

A bill to amend 1982 PA 528, entitled "An act to authorize the department of natural resources to convey certain state owned property in Sanilac county; and to prescribe conditions for the conveyance," by adding section 2a.

The bill was read a second time.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5887, 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. 792 Yeas--103

Agee Dobronski Kelly Prusi

Alley Fitzgerald Kilpatrick Quarles

Anthony Frank Kukuk Raczkowski

Baade Freeman LaForge Rhead

Baird Gagliardi Law Richner

Bankes Galloway Leland Rison

Basham Geiger Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bobier Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Bogardus Godchaux Martinez Schroer

Brackenridge Goschka Mathieu Scott

Brater Green McBryde Scranton

Brewer Gubow McManus Sikkema

Brown Gustafson McNutt Stallworth

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Hanley Murphy Varga

Cherry Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Walberg

Curtis Jansen Palamara Wallace

Dalman Jelinek Parks Wetters

DeHart Jellema Perricone Willard

DeVuyst Johnson Price Wojno

Dobb Kaza Profit

Nays--0

In The Chair: Hanley

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

Second Reading of Bills

Senate Bill No. 684, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as added by 1997 PA 100.

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

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

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 2, line 15, after "public" by inserting "THROUGH A WRITTEN PUBLICATION OR THROUGH ANY ELECTRONIC OR COMPUTERIZED MEDIA".

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

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

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

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

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

______

Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 684, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as added by 1997 PA 100.

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

Roll Call No. 793 Yeas--102

Agee Dobronski Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Freeman Law Raczkowski

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Richner

Basham Geiger Llewellyn Rison

Birkholz Gernaat London Rocca

Bobier Gilmer Lowe Sanborn

Bodem Gire Mans Schauer

Bogardus Godchaux Martinez Schermesser

Brackenridge Goschka Mathieu Schroer

Brater Green McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Varga

Crissman Hood Olshove Vaughn

Cropsey Horton Owen Voorhees

Curtis Jansen Palamara Walberg

Dalman Jelinek Parks Wetters

DeHart Jellema Perricone Willard

DeVuyst Johnson Price Wojno

Dobb Kaza

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 208b (MCL 257.208b), as amended by 1998 PA 12.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5938, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.

The bill was read a second time.

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

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

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

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

______

Rep. Wojno moved that Rep. Hale be excused temporarily from today's session.

The motion prevailed.

Rep. Curtis moved that Rep. Harder be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5938, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.

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

Roll Call No. 794 Yeas--95

Agee DeVuyst Kelly Profit

Alley Dobb Kilpatrick Prusi

Anthony Dobronski Kukuk Quarles

Baade Fitzgerald LaForge Raczkowski

Baird Frank Law Rhead

Bankes Gagliardi Leland Richner

Basham Galloway LeTarte Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Hammerstrom McNutt Tesanovich

Cassis Hanley Middaugh Thomas

Cherry Hood Middleton Varga

Ciaramitaro Horton Murphy Vaughn

Crissman Jansen Owen Voorhees

Cropsey Jelinek Palamara Walberg

Curtis Jellema Parks Willard

Dalman Johnson Perricone Wojno

DeHart Kaza Price

Nays--1

Gustafson

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 37, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," (MCL 38.1001 to 38.1080) by adding section 23f.

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

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

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

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

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

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

______

Rep. Jansen moved that Rep. Jellema be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 37, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," (MCL 38.1001 to 38.1080) by adding section 23f.

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

Roll Call No. 795 Yeas--101

Agee Emerson Kilpatrick Profit

Alley Fitzgerald Kukuk Prusi

Anthony Frank LaForge Quarles

Baade Freeman Law Raczkowski

Baird Gagliardi Leland Rhead

Bankes Galloway LeTarte Richner

Basham Geiger Llewellyn Rison

Birkholz Gernaat London Rocca

Bobier Gilmer Lowe Sanborn

Bodem Gire Mans Schauer

Bogardus Godchaux Martinez Schermesser

Brackenridge Goschka Mathieu Schroer

Brater Green McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hammerstrom Middaugh Stallworth

Cassis Hanley Middleton Tesanovich

Cherry Hertel Murphy Thomas

Crissman Hood Nye Varga

Cropsey Horton Olshove Vaughn

Curtis Jansen Owen Voorhees

Dalman Jelinek Palamara Walberg

DeHart Johnson Parks Wetters

DeVuyst Kaza Perricone Willard

Dobb Kelly Price Wojno

Dobronski

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1957 PA 261, entitled "An act for the creation, maintenance, and administration of a legislative members' and presiding officers' retirement system within the legislature; to provide retirement allowances to the participants of the retirement system, and survivors' allowances and other benefits to their beneficiaries upon death; to exempt those allowances and benefits from certain taxes and legal processes; to authorize and make appropriations for the retirement system; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; and to prescribe penalties and provide remedies," by amending section 62 (MCL 38.1062), as added by 1996 PA 486.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 1093, entitled

A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry composting; to prescribe the powers and duties of certain state departments; to impose fees; to prescribe penalties; and to repeal certain acts and parts of acts," by amending the title and sections 3, 15, 19, 21, 23, and 29 (MCL 287.653, 287.665, 287.669, 287.671, 287.673, and 287.679), the title and sections 3, 15, 19, 23, and 29 as amended by 1993 PA 228 and section 21 as amended by 1996 PA 65, and by adding section 28.

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1093, 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. 796 Yeas--93

Agee Fitzgerald Kelly Profit

Alley Frank Kilpatrick Prusi

Anthony Freeman Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bobier Gilmer Llewellyn Rocca

Bodem Gire London Sanborn

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Scott

Brown Green McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Crissman Hertel Murphy Varga

Cropsey Hood Nye Vaughn

Curtis Horton Olshove Voorhees

Dalman Jansen Owen Walberg

DeHart Jelinek Parks Wetters

DeVuyst Johnson Perricone Willard

Dobb Kaza Price Wojno

Dobronski

Nays--6

Brater Mathieu Schermesser Schroer

Martinez Palamara

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

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

House Bill No. 5627, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.

Rep. Gagliardi moved that Rule 67 be suspended.

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

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

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

Third Reading of Bills

House Bill No. 5627, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.

The question being on the passage bill,

Rep. Quarles moved to substitute (H-5) the bill.

The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Middleton moved to amend the bill as follows:

1. Amend page 10, line 11, by striking out "TRACT" and inserting "POOL".

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

The question being on the passage of the bill,

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

Roll Call No. 797 Yeas--99

Agee Dobronski Kukuk Prusi

Alley Fitzgerald LaForge Quarles

Anthony Frank Law Raczkowski

Baade Freeman Leland Rhead

Baird Gagliardi LeTarte Richner

Bankes Galloway Llewellyn Rison

Basham Geiger London Rocca

Birkholz Gernaat Lowe Sanborn

Bobier Gilmer Mans Schauer

Bodem Gire Martinez Schermesser

Bogardus Godchaux Mathieu Schroer

Brackenridge Goschka McBryde Scott

Brater Green McManus Scranton

Brown Gubow McNutt Sikkema

Byl Gustafson Middaugh Stallworth

Callahan Hammerstrom Middleton Tesanovich

Cassis Hanley Murphy Thomas

Cherry Hood Nye Varga

Crissman Horton Olshove Vaughn

Cropsey Jansen Owen Voorhees

Curtis Jelinek Palamara Walberg

Dalman Johnson Parks Wetters

DeHart Kaza Perricone Willard

DeVuyst Kelly Price Wojno

Dobb Kilpatrick Profit

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61501, 61506, and 61525 (MCL 324.61501, 324.61506, and 324.61525), section 61501 as amended by 1998 PA 115 and sections 61506 and 61525 as added by 1995 PA 57, and by adding sections 61506b and 61513a.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4565, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9f.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

House Bill No. 5581, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1995 PA 208.

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

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

Rep. Lowe moved to amend the bill as follows:

1. Amend page 6, line 27, after "THAN" by striking out "8" and inserting "5".

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

Rep. Profit 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. 5945, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3a (MCL 205.93a), as amended by 1993 PA 326.

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

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

Rep. Lowe 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. 5967, entitled

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

The bill was read a second time.

Rep. Profit 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. 5968, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1997 PA 194.

The bill was read a second time.

Rep. Profit 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. 4090, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 65 (MCL 211.65) and by adding section 70d.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 1, line 1, after "SEC." by striking out "61506B." and inserting "61506C.".

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

The question being on the passage of the bill,

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

Roll Call No. 798 Yeas--98

Agee Fitzgerald Kukuk Profit

Alley Frank LaForge Prusi

Anthony Freeman Law Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Geiger Llewellyn Rison

Basham Gernaat London Rocca

Birkholz Gilmer Lowe Sanborn

Bobier Gire Mans Schauer

Bodem Godchaux Martinez Schermesser

Bogardus Goschka Mathieu Schroer

Brackenridge Green McBryde Scott

Brater Gubow McManus Scranton

Brown Gustafson McNutt Sikkema

Byl Hale Middaugh Stallworth

Callahan Hammerstrom Middleton Tesanovich

Cassis Hanley Murphy Thomas

Cherry Hood Nye Varga

Crissman Horton Olshove Vaughn

Cropsey Jansen Owen Voorhees

Curtis Jelinek Palamara Walberg

Dalman Jellema Parks Wetters

DeVuyst Kaza Perricone Willard

Dobb Kelly Price Wojno

Dobronski Kilpatrick

Nays--0

In The Chair: Hanley

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506c.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Hale, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 794-797. Had I been present, I would have voted 'yes'."

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

The motion prevailed.

Rep. Gagliardi moved that the House Bill No. 4090 be placed on its immediate passage.

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

House Bill No. 4090, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 65 (MCL 211.65) and by adding section 70d.

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

Roll Call No. 799 Yeas--97

Agee Fitzgerald Kelly Prusi

Alley Frank Kilpatrick Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Baird Galloway Law Richner

Bankes Geiger Leland Rison

Basham Gernaat LeTarte Rocca

Birkholz Gilmer Llewellyn Sanborn

Bobier Godchaux London Schauer

Bodem Goschka Lowe Schermesser

Bogardus Green Mans Schroer

Brackenridge Gubow Martinez Scott

Brater Gustafson Mathieu Scranton

Brown Hale McBryde Sikkema

Byl Hammerstrom McManus Stallworth

Callahan Hanley McNutt Tesanovich

Cassis Harder Middaugh Thomas

Cherry Hood Middleton Varga

Crissman Horton Olshove Vaughn

Cropsey Jansen Owen Voorhees

Curtis Jelinek Parks Walberg

Dalman Jellema Perricone Wetters

DeVuyst Johnson Price Willard

Dobb Kaza Profit Wojno

Dobronski

Nays--0

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Reps. Anthony, Baade, Basham, Birkholz, Bodem, Bogardus, Brackenridge, Brater, Brown, Byl, Callahan, Cassis, Crissman, Dobb, Dobronski, Freeman, Gagliardi, Gilmer, Goschka, Jansen, Jelinek, Jellema, Kaza, Kelly, Kukuk, Law, Llewellyn, London, Lowe, Mans, Martinez, McBryde, Middaugh, Middleton, Murphy, Olshove, Parks, Perricone, Profit, Prusi, Quarles, Raczkowski, Richner, Rison, Rocca, Sanborn, Schauer, Schermesser, Scott, Scranton, Tesanovich, Thomas, Voorhees, Willard and Wojno were named co-sponsors of the bill.

______

Rep. Bodem, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 766-790. Had I been present, I would have voted 'yes'."

The Speaker resumed the Chair.

By unanimous consent the House returned to the order of

Reports of Select Committees

Rep. Gagliardi moved that House Bill No. 5594 bill be re-referred to the conference committee.

The motion prevailed.

______

Rep. Gagliardi 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. Wojno, Freeman, Kukuk, Dobronski, Baird, Kelly, Prusi, Cherry, LaForge, Lowe, Richner, Voorhees, Rocca, Galloway, London, Bodem, Goschka, McNutt, Birkholz and Scott offered the following resolution:

House Resolution No. 346.

A resolution of tribute honoring Lieutenant Kenneth T. Arthurs.

Whereas, It is with gratitude and admiration that we salute Lieutenant Kenneth T. Arthurs of the Center Line Department of Public Safety upon the occasion of his retirement. As someone who has taken on one of society's most difficult tasks each day throughout his career, Kenneth T. Arthurs has earned the respect of the entire city of Center Line and all of Michigan; and

Whereas, In his nearly 12 years in law enforcement, Kenneth T. Arthurs has been a key contributor to the order and justice that distinguish our country from most of the world. With a personal respect for the law and a strong personal sense of duty, this dedicated professional has faced dangers and risks most of us cannot imagine facing. Over the years, Kenneth T. Arthurs has met the unique challenges of police work with conscientiousness and diligence, even when confronted with sides of life most people would hope never to see; and

Whereas, Lieutenant Arthurs began his law enforcement career on October 13, 1986, when he joined the Detroit Police Department. He joined the Center Line Department of Public Safety on April 14, 1989, as a Public Safety Officer. On July 11, 1994, Officer Arthurs was promoted to Sergeant and was given command of the Detective Bureau. He served with distinction in this assignment, investigating and closing several major criminal cases; and

Whereas, Lieutenant Arthurs has distinguished himself as a true public safety professional. During his tenure with the Center Line Department of Public Safety he served as the Commanding Officer of the Detective Bureau, Commanding Officer of the Special Operations Group, Commanding Officer of Fire Services, Hostage Negotiator, Arson Investigator, Firearms Instructor, Fire Service Instructor, Fire Code Inspector, and President of the Center Line Public Safety Officers/Dispatchers Association; and

Whereas, Lieutenant Arthurs' devotion to the highest standard of excellence is exhibited through his numerous awards and citations. Lieutenant Arthurs is the recipient of five Letters of Commendation, five Director's Merit Awards, one Special Operations Group Award, one Barricaded Gunman Entry Award, three Meritorious Service Citations, and one Director's Distinguished Service Award, a total of 16 awards and citations; and

Whereas, On December 8, 1994, Sergeant Arthurs was promoted to the rank of Lieutenant and was assigned to Fire Services. He served as the Lieutenant of Fire Services until October 21, 1997 when he suffered a serious back injury in the line of duty. Tragically, a very successful career was cut short; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body salute Kenneth T. Arthurs as he retires following 9 years of outstanding service as a member of the Center Line Department of Public Safety. Center Line and the entire Great Lakes State can be thankful for Lieutenant Kenneth T. Arthurs, truly one of Center Line and Michigan's finest. We offer our best wishes to Lieutenant Arthurs and his family for the health and happiness he has truly earned; and be it further

Resolved, That a copy of this resolution be transmitted to Lieutenant Arthurs as a symbol of our appreciation for his fine service to the people of the State of Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Martinez, Freeman, Dobronski, Baird, Harder, Wojno, Kelly, Schroer, Prusi, Cherry, LaForge, Voorhees, London, Bodem, Goschka and Scott offered the following resolution:

House Resolution No. 347.

A resolution honoring Richard Christmas for his tireless efforts in support of the space program and proclaiming July 20, 1998, as "Richard Christmas Day" in Michigan.

Whereas, A citizen of the United States of America, Richard Christmas has been interested in the success of our space program since October 1, 1958. This year, 1998, marks the 40th year Richard Christmas has actively continued to promote and support that interest. As with so many Americans, Richard Christmas' imagination was stirred by the limitless possibilities of space travel. Indeed, this subject has excited people the world over for generations. Countless authors have found in space exploration a subject of monumental proportions and have written engrossing tales under the heading "science fiction". Fiction and facts were merging together during the 1960's until, finally, on June 20, 1969, an astounding event took place. The words "the Eagle has landed" were heard the world over and people from every land learned that the United States of America had landed a man on the moon; and

Whereas, Since October of 1971, Richard Christmas has written to various government officials in support of space exploration, and in 1976, President Gerald R. Ford proclaimed July 20, 1976, Space Exploration Day. Indeed, we have just cause to be proud of Mr. Richard Christmas and his support of the space program. All the citizens of this great state benefit from the patriotism of a man like Richard Christmas; and

Whereas, We commend Richard Christmas for his enthusiasm and dedication to the Space Program upon the 22nd anniversary that President Gerald Ford proclaimed July 20, 1976, as Space Exploration Day; now, therefore, be it

Resolved by the House of Representatives, That July 20, 1998, be proclaimed as "Richard Christmas Day" in Michigan; and be it further

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

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Profit, Freeman, Dobronski, Harder, Gernaat, Wojno, Kelly, Prusi, Kaza, Cherry, LaForge, Richner, Voorhees, Rocca, London, Bodem, Goschka, McNutt, Birkholz, Hammerstrom and Scott offered the following resolution:

House Resolution No. 348.

A resolution honoring Judge Milton L. Mack, Jr. for his many years of public service.

Whereas, Milton L. Mack, Jr. is a citizen of the State of Michigan who is worthy of our highest praise and esteem for the extraordinary contributions he has made to the betterment of the lives of many people in our state. A Wayne County Probate Judge since 1990, Judge Mack has found time to offer his expertise and knowledge to a number of organizations thereby enhancing their ability to offer service; and

Whereas, Judge Mack, a 1975 graduate of Wayne State University where he obtained his law degree, is well known throughout Wayne County. For many years, he served as Councilman for the City of Wayne and as a Wayne County Commissioner. In addition, Judge Mack served on the Southeast Michigan Council of Governments in various capacities, including chairperson. He is a founding member of the Wayne State University Library Advisory Board, a member of the NCAA Divisional Affiliation Review Committee of Wayne State University, Chairman of the Board of Trustees of the Oakwood Healthcare System, and a member of the Board of Editors of The Regionalist; and

Whereas, A sagacious public official, Judge Mack has also been a most active member of the community. He is associated with many other entities including the National Association of Regional Councils, the Barbara Ann Karmanos Cancer Institute, United Care, Inc., Peoples Community Hospital Authority, Metropolitan Affairs Coalition, Greater Detroit/Southeast Michigan Chamber of Commerce, and the Metropolitan Growth & Development Corporation. For the past eight years, however, he has been a champion of justice from the court bench, utilizing decisiveness and compassion as he has served as Judge of Probate for Wayne County; and

Whereas, Judge Mack's contributions to public service have been recognized through various awards including the 1996 Golden Gavel Award from the Wayne County Probate Bar Association, the 1995 Taubman Company Fellowship for Executive Excellence, the 1995 Regional Ambassador Award from the Southeast Michigan Council of Governments, the 1990 Outstanding Elected Public Official of the Year from the Detroit Metropolitan Chapter of the American Society for Public Administration, the 1983 Distinguished Alumni Award from Wayne Memorial High School, the 1982 Outstanding Young Man Award from the City of Wayne Jaycees, and the 1972 Top Ten Student Award from Eastern Michigan University; now therefore be it

Resolved by the Michigan House of Representatives, That we hereby commend Judge Milton L. Mack, Jr. on his distinguished service not only with the bench, but also through his tireless commitment to many worthy endeavors; and be it further

Resolved, That a copy of this resolution is transmitted to Judge Milton L. Mack, Jr. as evidence of our highest esteem and appreciation of his efforts.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. London, Freeman, Kukuk, Dobronski, Harder, Brackenridge, Gernaat, Cropsey, Jellema, Walberg, Wojno, Kelly, Schroer, Prusi, Kaza, Cherry, LaForge, Lowe, Richner, Cassis, Voorhees, Rocca, Galloway, Bodem, Goschka, McNutt, Birkholz, Hammerstrom, Sanborn, Scott and Scranton offered the following resolution:

House Resolution No. 349.

A resolution recognizing the 75th Anniversary of the Michigan Dental Hygienists' Association.

Whereas, The Michigan Dental Hygienists' Association was established in 1923, and is now celebrating its 75th Anniversary; and

Whereas, The organization began with nine members and now is the largest professional dental hygiene organization in Michigan, where over 7,000 dental Hygienists are licensed; and

Whereas, The Michigan Dental Hygienists' Association is dedicated to the public's total health through the practice of the highest standards of dental hygiene education; and

Whereas, Dr. Alfred Fones is known as the "Father of Dental Hygiene". He practiced dentistry in Bridgeport, Connecticut and in 1906 began teaching his office assistant, Irene Newman, to perform preventative oral hygiene services; and

Whereas, By 1913, Dr. Fones had launched his training program in practical labs based in his home. Twenty-seven dental hygienists graduated from the first program on June 6, 1914; and

Whereas, Russell W. Bunting, DDS, Dean of the School of Dentistry at the University of Michigan, initiated dental hygiene education at that institution in 1921. For his staunch support, he became known as the "Father of the Michigan Dental Hygiene Movement". Michigan now boasts 12 accredited dental hygiene programs; and

Whereas, The first licensure act for dental hygiene education was passed in 1923, with enforcement and administrative rules determined by the Board of Dentistry, consisting of all dentist members; and

Whereas, Following a court ruling which established dental hygiene as a profession, the membership of the Board of Dentistry was expanded in 1978 to include two dental hygiene representatives, Sally Deck, RDH and Carol Short, RDH; and

Whereas, The Michigan Dental Hygienists' Association continues to seek a more fair regulatory structure over the practice of dental hygiene as a means of ensuring the safety and welfare of the public; and

Whereas, Michigan Dental Hygienists' Association has supported changes in public policy to improve access to, and the quality of, preventative oral health care services. These have included: Public Act 58 of 1991, which permits alternative practice arrangements to facilitate the provision of dental hygiene services in public health settings; passage of administrative rules in 1991, requiring continuing education for dental hygiene relicensure and MI CHILD - a new insurance program for uninsured, low-income children, which includes oral health care services; now, therefore, be it

Resolved by the House of Representatives, That we congratulate the members of the Michigan Dental Hygienists' Association on their 75th Anniversary and commend them for their valuable contribution to accessible, high quality oral health care for the people of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the members of the association as a reflection of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Prusi, Anthony, Tesanovich and Gagliardi offered the following resolution:

House Resolution No. 350.

A resolution recognizing the Sesquicentennial Anniversary of the founding of the Charter Township of Marquette.

Whereas, During the week of July 27-August 2, 1998, the people who reside in the township of Marquette will join with a number of visitors and friends in celebrating the founding of their township 150 years ago. The citizens of Marquette Township will look back with pride upon the history of their community which stands today as it has for 150 years--strengthened by family unity, old-fashioned American values, and hope for the future; and

Whereas, The Charter Township of Marquette, in Marquette County, was established by the state legislature on February 15, 1848. The township had 19 people voting out of a population of 136 people. Amos Harlow was elected township supervisor and Robert J. Graveraet was elected township clerk and treasurer. They would surely be amazed at the generations of change that have visited their township; and

Whereas, The first settlers came to Marquette Township because of the discovery of iron ore and gold. The railroads were built to move the iron ore. Blast furnaces were built to produce pig iron. One of the first and finest blast furnaces in the whole Upper Peninsula was built by the Bancroft Iron Company located in Marquette Township. Farmers and miners were among the majority of the early residents of the area, and they offer quite a contrast to today's professionals and employees in technical and service industries. However, the quiet, welcoming appeal of this enjoyable township community has remained unchanged and the citizens of Marquette Township can count themselves especially fortunate, for its future also looks bright; and

Whereas, The 150th anniversary of the founding of Marquette Township promises to be filled with wonderful events in an effort to celebrate one of Michigan's outstanding hometowns. The gala Sesquicentennial Celebration in Marquette Township will involve nature hikes, tours of historical sites, dinners, picnics, an antique car show, and a parade. This will be an especially enjoyable celebration with fun and wholesome good times for everyone; now, therefore, be it

Resolved by the House of Representatives, That township officials and citizens of Marquette Township know of our congratulations on this notable milestone in the rich history of their community and of our best wishes for many more such happy events; and be it further

Resolved, That copies of this resolution be forwarded to the Marquette Township Sesquicentennial Committee as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Kaza and Cropsey offered the following resolution:

House Resolution No. 351.

A resolution to memorialize Congress to remove the prohibition on the manufacture and importation of certain semi-automatic firearms that have been inaccurately labeled as "assault weapons".

Whereas, An "assault weapon" is a military firearm capable of firing in a fully automatic mode, wherein the weapon will fire continuously as long as the trigger is held down, until the magazine or ammunition storage device is empty, at a rate of fire from 450 to 1,200 rounds per minute; and

Whereas, Such weapons have been strictly controlled at the federal level since 1934. An individual who wishes to acquire such a weapon must undergo an FBI background check, receive written authorization from the local chief of police or sheriff, and pay a $200 tax per weapon; and

Whereas, In Michigan, notwithstanding these onerous federal requirements, ownership of such weapons has been absolutely prohibited since 1927; and

Whereas, Semi-automatic firearms, which fire just one round when the trigger is depressed, have been available and in use among civilians since the late 19th century; and

Whereas, The rate of fire achievable by semi-automatic firearms is not significantly different from other repeating firearms, such as lever-action and pump-action rifles and shotguns which have been in general use since the time of the Civil War, and is a fraction of the rate of fire of prohibited fully automatic firearms; and

Whereas, Most semi-automatic so-called "assault weapons" fire cartridges which are significantly less powerful than those fired by common deer-hunting rifles, leading to the possibility that a so-called "assault weapon" ban could actually result in a higher proportion of shooting deaths, as criminals continue to use more traditional firearms which typically fire more powerful cartridges and more lethal bullets; and

Whereas, The manufacture of certain semi-automatic firearms inaccurately labeled "assault weapons" was prohibited by the Congress in 1994, and the importation of certain semi-automatic firearms inaccurately labeled "assault weapons" was banned by President Bush in 1989, the criteria for prohibition being based on purely cosmetic features such as the existence of a flash hider, a bayonet lug, or a pistol grip which have no effect whatsoever on a firearm's functionality; and

Whereas, After some manufacturers of imported semi-automatic firearms which were banned from importation in 1989 removed those cosmetic features which caused their prohibition, making them comply with the arbitrary appearance factors deemed acceptable by those who favored the ban, the firearms were again prohibited from importation by an executive fiat of President Clinton, who has claimed that these firearms "are not particularly suitable for sporting purposes;" and

Whereas, Semi-automatic firearms can be particularly suitable for self-defense, a use which is far more important than "sporting purpose." In fact, these weapons have played a role in protecting the lives of innocent citizens from lawless gangs and hoodlums in numerous incidents, such as the Los Angeles riots of 1991, when many Korean citizens targeted by mobs were able to save themselves from death or injury because they possessed semi-automatic firearms, in most cases not needing to discharge the weapon, its presence alone being sufficient to deter law breakers; and

Whereas, There is no evidence that semi-automatic firearms which have been banned as so-called "assault weapons" are involved to any significant extent in criminal activity, as indicated by police records from around the nation which show that the percentage of firearms seized after being used in crimes that are semi-automatic so-called "assault weapons" is less than two percent; and

Whereas, Further evidence that semi-automatic so-called "assault weapons" are not involved to any significant extent in criminal activity is found in police statistics on incidents in which shots are traded between police and criminals, which show that the average number of shots fired by criminals in such incidents is only three per incident, indicating that firearms capable of discharging a large number of rounds are not a major problem; now, therefore, be it

Resolved by the House of Representatives, That we hereby memorialize Congress to repeal the ban on the manufacture of certain semi-automatic firearms that have been inaccurately labeled as "assault weapons," a ban based on purely irrational and arbitrary cosmetic factors which have nothing to do with the function and operation of these firearms; and be it further

Resolved, That we hereby memorialize Congress to remove from the United States Department of Treasury the authority to ban the importation of certain semi-automatic firearms inaccurately labeled as "assault weapons," authority which is based on the vague and arbitrary standard of "not being considered particularly suitable for sporting purposes;" and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the President of the United States Senate and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on House Oversight and Ethics.

Reports of Standing Committees

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

Senate Bill No. 941, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 41a, 226a, 248, 251, 801, and 807 (MCL 257.41a, 257.226a, 257.248, 257.251, 257.801, and 257.807), sections 41a, 248, 251, and 807 as amended by 1993 PA 300, section 226a as amended by 1996 PA 59, and section 801 as amended by 1997 PA 80.

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

1. Amend page 35, line 24, after "FEE" by striking out "SHALL INCREASE" and inserting "OF $148.00 SHALL BE INCREASED".

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

Favorable Roll Call

SB 941 To Report Out:

Yeas: Reps. Leland, Baade, Scott, Wojno, London, Birkholz, Byl, Gernaat, Green,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, July 1, 1998, at 9:00 a.m.,

Present: Reps. Leland, Baade, Scott, Wojno, London, Birkholz, Byl, Gernaat, Green,

Absent: Reps. Schermesser, Brown, Curtis, Mans, Olshove, Schauer, Galloway, Middleton,

Excused: Reps. Schermesser, Brown, Curtis, Mans, Olshove, Schauer, Galloway, Middleton.

Messages from the Senate

House Bill No. 4332, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 19c (MCL 436.19c), as amended by 1996 PA 440.

The Senate has concurred in the House amendments to the Senate substitute (S-1).

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

House Bill No. 5418, entitled

The Senate has concurred in the House amendments to the Senate substitute (S-2), agreed to the title as amended 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.

House Bill No. 5588, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(For text of conference report, see House Journal No. 66, p. 1790.)

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

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

House Bill No. 5589, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(For text of conference report, see House Journal No. 66, p. 1774.)

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

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

House Bill No. 5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

(For text of conference report, see House Journal No. 66, p. 1783.)

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

House Bill No. 5591, entitled

(For text of conference report, see House Journal No. 66, p. 1758.)

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

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

House Bill No. 5592, entitled

(For text of conference report, see House Journal No. 65, p. 1700.)

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

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

House Bill No. 5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

(For text of conference report, see House Journal No. 65, p. 1711.)

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

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

House Bill No. 5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(For text of conference report, see House Journal No. 65, p. 1714.)

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

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

House Bill No. 5597, entitled

(For text of conference report, see House Journal No. 65, p. 1729.)

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

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

House Bill No. 5888, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d; and to repeal acts and parts of acts.

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.

House Bill No. 5866, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8501 and 8511 (MCL 324.8501 and 324.8511), as added by 1995 PA 60, and by adding section 8517.

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

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

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

Senate Bill No. 200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

The Speaker announced that the bill was laid over one day.

Senate Bill No. 273, entitled

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.

The Senate has amended the House substitute (H-5) as follows:

1. Amend page 5, line 9, after "BE" by striking out the balance of the line through "1998," on line 10 and inserting "AS PRESCRIBED BY THE DEPARTMENT. BEGINNING JULY 1, 1999,".

2. Amend page 6, line 1, by striking out all of enacting section 1.

The Senate has concurred in the House substitute (H-5) as amended.

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

Senate Bill No. 1209, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 1210, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 424 (MCL 700.424), as amended by 1996 PA 8.

The Senate has passed the bill.

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

Senate Bill No. 1211, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2637, 2640, 16648, 18117, and 18237 (MCL 333.2637, 333.2640, 333.16648, 333.18117, and 333.18237), section 2640 as added by 1996 PA 307 and sections 16648, 18117, and 18237 as amended by 1993 PA 79, and by adding section 16281.

The Senate has passed the bill.

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

Senate Bill No. 1212, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 6 (MCL 722.956).

The Senate has passed the bill.

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

Senate Bill No. 1213, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding section 20a.

The Senate has passed the bill.

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

Senate Bill No. 1214, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," (MCL 722.621 to 722.638) by adding section 626a.

The Senate has passed the bill.

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

Notices

Public Hearing

Subcommittee on Explore the Environmental Sensitivity of the Michigan Tax Code

Date: Monday, August 17, 1998

Time: 2:00 p.m.

Place: Eagle Crest Club House, 1275 Huron Street, Ypsilanti, Michigan

Rep. Profit

Chair

Agenda: Final report of the environmental sensitivity subcommittee

and any/or all business properly before the subcommittee

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, June 26:

Senate Bill No. 1225

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, June 29:

Senate Bill Nos. 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, July 1:

House Bill No. 5978

The Clerk announced that the following Senate bill had been received on Wednesday, July 1:

Senate Bill No. 1225

The Clerk announced that the following Senate bills had been approved and signed by the Governor:

Enrolled Senate Bill No. 554 - Public Act No. 138

Enrolled Senate Bill No. 729 - Public Act No. 139

Enrolled Senate Bill No. 730 - Public Act No. 140

Enrolled Senate Bill No. 731 - Public Act No. 141

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: July 1, 1998

Time: 8:55 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4173 (Public Act No. 205, I.E.), being

An act to amend 1943 PA 240, entitled "An act to provide for a state employees' retirement system; to create a state employees' retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; and to prescribe penalties and provide remedies," by amending sections 1a, 17j, 19, and 31 (MCL 38.1a, 38.17j, 38.19, and 38.31), section 1a as amended by 1995 PA 176, section 17j as amended by 1989 PA 9, section 19 as amended by 1996 PA 521, and section 31 as amended by 1991 PA 48, and by adding section 17m; and to repeal acts and parts of acts.

(Filed with the Secretary of State July 1, 1998, at 1:00 p.m.)

Date: July 1, 1998

Time: 9:30 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4289 (Public Act No. 206, I.E.), being

An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 200, 201, 204, and 211a (MCL 750.200, 750.201, 750.204, and 750.211a) and by adding section 209a.

(Filed with the Secretary of State July 1, 1998, at 1:02 p.m.)

Date: July 1, 1998

Time: 11:06 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4363 (Public Act No. 210, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110), as added by 1995 PA 58, and by adding sections 78113, 78114, 78115, and 78116.

(Filed with the Secretary of State July 1, 1998, at 1:10 p.m.)

Date: July 1, 1998

Time: 9:10 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4524 (Public Act No. 211, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding section 2922a.

(Filed with the Secretary of State July 1, 1998, at 1:12 p.m.)

Date: July 1, 1998

Time: 8:45 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4860 (Public Act No. 212, I.E.), being

An act to amend 1967 PA 150, entitled "An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, employment and retirement, and to repeal certain acts and parts of acts," by amending the title and sections 105, 159, and 179 (MCL 32.505, 32.559, and 32.579).

(Filed with the Secretary of State July 1, 1998, at 1:14 p.m.)

Date: July 1, 1998

Time: 9:15 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4897 (Public Act No. 213), being

An act to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 43c, 85, 104a, and 108 (MCL 38.1343c, 38.1385, 38.1404a, and 38.1408), sections 43c and 104a as amended by 1989 PA 194, section 85 as amended by 1991 PA47, and section 108 as amended by 1995 PA 177.

(Filed with the Secretary of State July 1, 1998, at 1:16 p.m.)

Date: July 1, 1998

Time: 8:47 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5043 (Public Act No. 214, I.E.), being

An act to amend 1970 PA 73, entitled "An act to provide for the creation of airport authorities; to provide for certain counties and cities within certain limitations of state-owned airports to create an airport authority; to provide for the membership of authorities; to provide for the powers and duties of the authorities; to provide for the transfer of employees of state airports to the employment of an authority; to provide for the transferring of state-owned lands to the authority; to provide for the retention of certain rights, powers and privileges by the state in state-owned airport facilities; to provide for a referendum; and to repeal acts and parts of acts," by amending section 2 (MCL 259.802), as amended by 1982 PA 271.

(Filed with the Secretary of State July 1, 1998, at 1:18 p.m.)

Date: July 1, 1998

Time: 8:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5075 (Public Act No. 215, I.E.), being

An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 31, 795a, and 796a (MCL 168.31, 168.795a, and 168.796a), as amended by 1996 PA 583.

(Filed with the Secretary of State July 1, 1998, at 1:20 p.m.)

Date: July 1, 1998

Time: 9:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5224 (Public Act No. 216, I.E.), being

An act to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal certain acts and parts of acts; to repeal certain acts and parts of acts on specific dates; to repeal certain parts of this act on specific dates; and to provide penalties for the violation of this act," by amending section 2845 (MCL 500.2845), as amended by 1990 PA 305.

(Filed with the Secretary of State July 1, 1998, at 1:22 p.m.)

Date: July 1, 1998

Time: 9:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5344 (Public Act No. 217, I.E.), being

(Filed with the Secretary of State July 1, 1998, at 1:24 p.m.)

Date: July 1, 1998

Time: 8:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5487 (Public Act No. 218, I.E.), being

An act to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 2001 (MCL 339.2001), as amended by 1997 PA 122.

(Filed with the Secretary of State July 1, 1998, at 1:26 p.m.)

Date: July 1, 1998

Time: 11:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5561 (Public Act No. 219, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding sections 5451, 5457, 5458, 5459, 5460, 5460a, 5461, 5468, 5469, 5470, 5472, 5473a, 5474, 5475, and 5477.

(Filed with the Secretary of State July 1, 1998, at 1:28 p.m.)

Date: July 1, 1998

Time: 9:22 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5580 (Public Act No. 221, I.E.), being

An act to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1993 PA 13, and by adding section 30c.

(Filed with the Secretary of State July 1, 1998, at 1:32 p.m.)

Date: July 1, 1998

Time: 8:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5642 (Public Act No. 222, I.E.), being

(Filed with the Secretary of State July 1, 1998, at 1:34 p.m.)

Date: July 1, 1998

Time: 9:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4910 (Public Act No. 225, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to providefor the interrelation of this act with other acts; and to provide an appropriation," by amending section 52 (MCL 208.52).

(Filed with the Secretary of State July 1, 1998, at 1:40 p.m.)

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

June 12, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:00 A.M. this date, administrative rule (98-06-2) for the Department of Transportation, Aeronautics Commission, entitled "Michigan Aeronautics Commission - General Rules", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

Introduction of Bills

Rep. Middaugh introduced

House Bill No. 5981, entitled

A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending section 8 (MCL 125.38).

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

Reps. Cassis, Goschka, Jelinek, Whyman, Cropsey, Sanborn, Green, Scott, Horton, Dobb, Hammerstrom, Jansen, Birkholz, Scranton, Dalman, Jellema, Voorhees and Raczkowski introduced

House Bill No. 5982, 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 bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

Reps. Lowe, Hammerstrom, Goschka, Cropsey, Horton, Bodem, Raczkowski and Voorhees introduced

House Bill No. 5983, entitled

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

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

Reps. Quarles, Kelly, Lowe, Bodem, Bogardus, Tesanovich, Griffin and Bobier introduced

House Bill No. 5984, entitled

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

Reps. Bobier, Hammerstrom, Goschka, Cropsey, Horton, Lowe, Bodem, Brackenridge, Quarles, Raczkowski and Voorhees introduced

House Bill No. 5985, entitled

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

Reps. Law, Griffin, Hammerstrom, Gubow, Gire, Leland, Raczkowski, Richner, Murphy, Palamara and Profit introduced

House Bill No. 5986, entitled

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

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

Rep. Gire introduced

House Bill No. 5987, entitled

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

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

______

Rep. Voorhees moved that the House adjourn.

The motion prevailed, the time being 7:05 p.m.

The Speaker declared the House adjourned until Thursday, July 2, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.